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diff --git a/old/13617-8.txt b/old/13617-8.txt new file mode 100644 index 0000000..3121e56 --- /dev/null +++ b/old/13617-8.txt @@ -0,0 +1,22902 @@ +The Project Gutenberg EBook of A Compilation of the Messages and Papers of +the Presidents, Volume IX., by Benjamin Harrison + +This eBook is for the use of anyone anywhere at no cost and with +almost no restrictions whatsoever. You may copy it, give it away or +re-use it under the terms of the Project Gutenberg License included +with this eBook or online at www.gutenberg.org + + +Title: A Compilation of the Messages and Papers of the Presidents, Volume IX. + +Author: Benjamin Harrison + +Release Date: October 5, 2004 [EBook #13617] + +Language: English + +Character set encoding: ISO-8859-1 + +*** START OF THIS PROJECT GUTENBERG EBOOK HARRISON *** + + + + +Produced by Juliet Sutherland, David Garcia and The PG Online +Distributed Proofreading Team + + + + + + + + + + + +A COMPILATION OF THE MESSAGES AND PAPERS OF THE PRESIDENTS + +BY JAMES D. RICHARDSON + +A REPRESENTATIVE FROM THE STATE OF TENNESSEE + +VOLUME IX + +PUBLISHED BY AUTHORITY OF CONGRESS 1902 + + + + +Prefatory Note + +This volume comprises the papers of Benjamin Harrison and of Grover +Cleveland (second term). The events of these two Administrations of +eight years, though highly interesting, coming as they do down to March +4, 1897, are so recent and fresh in the public mind that I need not +comment on them. + +This volume is the last of the series, except the Appendix and Index +volume. The work of compiling was begun by me in April, 1895, just after +the expiration of the Fifty-third Congress. I then anticipated that +I could complete the work easily within a year. Though I have given my +entire time to the undertaking when not engaged in my official duties as +a Representative, instead of completing it within the time mentioned it +has occupied me for nearly four years. The labor has been far greater +than the Joint Committee on Printing or I supposed it would be. I had +no idea of the difficulties to overcome in obtaining the Presidential +papers, especially the proclamations and Executive orders. In the +Prefatory Note to Volume I, I said: "I have sought to bring together +in the several volumes of the series all Presidential proclamations, +addresses, messages, and communications to Congress excepting those +nominating persons to office and those which simply transmit treaties, +and reports of heads of Departments which contain no recommendation +from the Executive." But after the appearance of Volume I, and while +preparing the contents of Volume II, I became convinced that I had made +a mistake and that the work to be exhaustive should comprise every +message of the Presidents transmitting reports of heads of Departments +and other communications, no matter how brief or unintelligible the +papers were in themselves, and that to make them intelligible I should +insert editorial footnotes explaining them. Having acted upon the other +idea in making up Volume I and a portion of Volume II, quite a number of +such brief papers were intentionally omitted. Being convinced that all +the papers of the Executives should be inserted, the plan was modified +accordingly, and the endeavor was thereafter made to publish all of +them. + +In order, however, that the compilation may be "accurate and +exhaustive," I have gone back and collected all the papers--those which +should have appeared in Volumes I and II, as well as such as were +unintentionally omitted from the succeeding volumes--excepting those +simply making nominations, and shall publish them in an appendix in the +last volume. While this may occasion some little annoyance to the reader +who seeks such papers in chronological order, yet, inasmuch as they all +appear at their proper places in the alphabetical Index, it is not +believed that any serious inconvenience will result. + +The editor and compiler has resorted to every possible avenue and has +spared no effort to procure all public Presidential papers from the +beginning of the Government to March 4, 1897. He has looked out for +every reference to the work in the public prints, has endeavored to read +all the criticisms made because of omissions, and has availed himself of +all the papers to which his attention has been called by anyone; has +diligently and earnestly sought for same himself, and has, as stated +above, inserted all omitted papers in the Appendix, so that he feels +warranted in saying that if he has given to the country all he could +find and all any critic or reviewer has been able to find he has done +his whole duty and reasonable complaint can not be made if any paper is +still omitted. In view of the inaccessibility of many of the messages by +reason of their not having been entered on the journals of either House +of Congress, and of the fact that the Government itself does not possess +many of the proclamations and Executive orders, it may be that there +yet can be found a few papers omitted from this work; but with much +confidence, amounting to a positive conviction, I feel that assurance +may be safely given that only a few, if any at all, have been +overlooked. + +Congress in June, 1897, by law requested me to prepare an index to the +entire compilation. I am now and have been for over two years engaged in +this work. I hope to be able to give the last volume, which will include +the Appendix and Index, as above stated, to Congress and the public in +about two months. It would have been completed at this time but for the +fact that in addition to making the Index simply an index to the various +messages and other papers I have added to it the encyclopedic feature. +There will therefore be found in the Index, in alphabetical order, a +large number of encyclopedic definitions of words and phrases used by +the Chief Executives, and of other politico-historical subjects. It +is believed that this feature will not detract in any manner from the +Index, but, on the other hand, will add largely to its value and to +the value of the entire compilation. + +JAMES D. RICHARDSON. + +NOVEMBER 24, 1898. + + + + +Benjamin Harrison + +March 4, 1889, to March 4, 1893 + + + + +Benjamin Harrison + +Benjamin Harrison, twenty-third President of the United States, was born +at North Bend, Ohio, August 20, 1833. His father, John Scott Harrison, +was the third son of General William Henry Harrison, ninth President +of the United States, who was the third and youngest son of Benjamin +Harrison, one of the signers of the Declaration of Independence. John +Scott Harrison was twice married, his second wife being Elizabeth, +daughter of Archibald Irwin, of Mercersburg, Pa. Benjamin was the second +son of this marriage. His parents were resolutely determined upon the +education of their children, and early in childhood Benjamin was placed +under private instruction at home. In 1847 he and his elder brother were +sent to a school on what was known as College Hill, a few miles from +Cincinnati. After remaining there two years entered the junior class at +Miami University, at Oxford, Ohio, where he was graduated in 1852. Was +married October 20, 1853, to Caroline Scott, daughter of Dr. John W. +Scott, who was then president of Oxford Female Seminary, from which Mrs. +Harrison was graduated in 1852. After studying law under Storer & Gwynne +in Cincinnati, Mr. Harrison was admitted to the bar in 1854, and began +the practice of his profession at Indianapolis, Ind., which has since +been his home. Was appointed crier of the Federal court, at a salary of +$2.50 per day. This was the first money he had ever earned. Jonathan +W. Gordon, one of the leaders of the Indianapolis bar, called young +Harrison to his assistance in the prosecution of a criminal tried for +burglary, and intrusted to him the plea for the State. He had taken +ample notes of the evidence, but the case was closed at night, and the +court-house being dimly lighted by tallow candles, he was unable to read +them when he arose to address the court and jury, paying them aside, +he depended entirely upon his memory and found it perfect. He made an +eloquent plea, produced a marked impression, and won the case. Since +then he has always been an impromptu speaker. Formed a partnership later +with William Wallace, but in 1860 the latter became clerk of Marion +County, and the firm was changed to Harrison & Fishback, which was +terminated by the entry of the senior partner into the Army in 1862. +Was chosen reporter of the supreme court of Indiana in 1860 on the +Republican ticket. This was his first active appearance in the political +field. When the Civil War began assisted in raising the Seventieth +Indiana Regiment of Volunteers, taking a second lieutenant's commission +and raising Company A of that regiment. Governor Morton tendered him +the command of the regiment and he was commissioned its colonel. Mr. +Harrison appointed a deputy reporter for the supreme court. In the +ensuing autumn the Democratic State committee, considering his position +as a civil officer vacated by this military appointment, nominated and +elected a successor, although his term of office had not expired. Their +view was sustained by the State supreme court; but in 1864, while +Colonel Harrison was in the Army, the people of Indiana gave their +judgment by reelecting him to the position of supreme-court reporter +by an overwhelming majority. In 1862 the Seventieth Indiana went into +the field with Harrison as its colonel, their objective point being +Bowling Green, Ky. It was brigaded with the Seventy-ninth Ohio and the +One hundred and second, One hundred and fifth, and One hundred and +twenty-ninth Illinois regiments, under Brigadier-General Ward, of +Kentucky, and this organization was kept unchanged until the close of +the war. Colonel Harrison had the right of the brigade, and his command +was occupied at first in guarding railroads and hunting guerrillas, his +energies being largely spent in drilling his men. When General Rosecrans +set out for Chattanooga General Ward was sent on duty to Nashville, and +on January 2, 1864, his command was called to the front. Later this +brigade became the First Brigade of the Third Division of the Twentieth +Army Corps, under General Hooker, General Ward resuming its command. +The campaign under General Sherman, upon which his regiment with its +associate forces entered, was directed, as is now known, against the +Confederate army of General Joseph E. Johnston, and not against any +particular place. In the Federal advance one of the severest actions was +fought at Resaca, Ga., May 14 and 15, 1864, and the Seventieth Indiana +led the assault. His regiment participated in the fights at New Hope +Church and at Golgotha Church, Kenesaw Mountain, and Peach Tree Creek. +When Atlanta was taken by Sherman, September 2, 1864, Colonel Harrison +received his first furlough to visit home, being assigned to special +duty in a canvass of the State to recruit for the forces in the field. +Returning to Chattanooga and then to Nashville, he was placed in command +of a provisional brigade held in reserve at the battle at the latter +place (December 15 and 16, 1864), and was but little engaged. When the +fight was over he was sent in pursuit of the Confederate general Hood. +Recalled from that pursuit, was next ordered to report to General +Sherman at Savannah. While passing through New York he succumbed to an +attack of scarlet fever, but in a few weeks was able to proceed on his +way. Joining Sherman at Goldsboro, N.C., resumed command of his old +brigade, and at the close of the war went with it to Washington to take +part in the grand review of the armies. Was duly mustered out of the +service June 8, 1865, not, however, until he had received a commission +as brevet brigadier-general, dated January 23, 1865. Returning to +Indianapolis after the war, resumed his office of reporter of the +supreme court, but in 1867 declined a renomination, preferring to devote +himself exclusively to the practice of law. Became a member of the +firm of Porter, Harrison & Fishback, and, after subsequent changes, +of that of Harrison, Miller & Elam. Took part in 1868 and 1872 in the +Presidential campaigns in support of General Grant, traveling over +Indiana and speaking to large audiences. In 1876 at first declined a +nomination for governor on the Republican ticket, consenting to run only +after the regular nominee had withdrawn. In this contest he received +almost 2,000 more votes than his associates, but was defeated. Was a +member of the Mississippi River Commission in 1879. In 1880, as chairman +of the Indiana delegation in the Republican national convention, he cast +nearly the entire vote of the State for James A. Garfield for President. +President Garfield offered him a place in his Cabinet, but he declined +it, preferring the United States Senatorship from Indiana, to which +he had just been chosen, and which he held from 1881 to 1887. In the +Senate he advocated the tariff views of his party, opposed President +Cleveland's vetoes of pension bills, urged the reconstruction and +upbuilding of the Navy, and labored and voted for civil-service reform. +Was a delegate at large to the Republican national convention in 1884, +and in 1888 at Chicago was nominated for the Presidency on the eighth +ballot. The nomination was made unanimous, and in November he was +elected, receiving 233 electoral votes to 168 for Grover Cleveland. +Was inaugurated March 4, 1889. Was again nominated for the Presidency +at the national Republican convention which met at Minneapolis in 1892, +but was defeated at the November election, receiving 145 electoral +votes, against 276 votes for Grover Cleveland. Upon his retiring from +office located at Indianapolis, Ind., where he now resides. + + * * * * * + + + + +INAUGURAL ADDRESS. + +FELLOW CITIZENS: There is no constitutional or legal requirement that +the President shall take the oath of office in the presence of the +people, but there is so manifest an appropriateness in the public +induction to office of the chief executive officer of the nation that +from the beginning of the Government the people, to whose service the +official oath consecrates the officer, have been called to witness the +solemn ceremonial. The oath taken in the presence of the people becomes +a mutual covenant. The officer covenants to serve the whole body of the +people by a faithful execution of the laws, so that they may be the +unfailing defense and security of those who respect and observe them, +and that neither wealth, station, nor the power of combinations shall be +able to evade their just penalties or to wrest them from a beneficent +public purpose to serve the ends of cruelty or selfishness. + +My promise is spoken; yours unspoken, but not the less real and solemn. +The people of every State have here their representatives. Surely I do +not misinterpret the spirit of the occasion when I assume that the +whole body of the people covenant with me and with each other to-day +to support and defend the Constitution and the Union of the States, to +yield willing obedience to all the laws and each to every other citizen +his equal civil and political rights. Entering thus solemnly into +covenant with each other, we may reverently invoke and confidently +expect the favor and help of Almighty God--that He will give to me +wisdom, strength, and fidelity, and to our people a spirit of fraternity +and a love of righteousness and peace. + +This occasion derives peculiar interest from the fact that the +Presidential term which begins this day is the twenty-sixth under our +Constitution. The first inauguration of President Washington took place +in New York, where Congress was then sitting, on the 30th day of +April, 1789, having been deferred by reason of delays attending the +organization of the Congress and the canvass of the electoral vote. Our +people have already worthily observed the centennials of the Declaration +of Independence, of the battle of Yorktown, and of the adoption of the +Constitution, and will shortly celebrate in New York the institution of +the second great department of our constitutional scheme of government. +When the centennial of the institution of the judicial department, +by the organization of the Supreme Court, shall have been suitably +observed, as I trust it will be, our nation will have fully entered +its second century. + +I will not attempt to note the marvelous and in great part happy +contrasts between our country as it steps over the threshold into its +second century of organized existence under the Constitution and that +weak but wisely ordered young nation that looked undauntedly down the +first century, when all its years stretched out before it. + +Our people will not fail at this time to recall the incidents which +accompanied the institution of government under the Constitution, or to +find inspiration and guidance in the teachings and example of Washington +and his great associates, and hope and courage in the contrast which +thirty-eight populous and prosperous States offer to the thirteen +States, weak in everything except courage and the love of liberty, that +then fringed our Atlantic seaboard. + +The Territory of Dakota has now a population greater than any of the +original States (except Virginia) and greater than the aggregate of +five of the smaller States in 1790. The center of population when our +national capital was located was east of Baltimore, and it was argued +by many well-informed persons that it would move eastward rather than +westward; yet in 1880 it was found to be near Cincinnati, and the new +census about to be taken will show another stride to the westward. That +which was the body has come to be only the rich fringe of the nation's +robe. But our growth has not been limited to territory, population, and +aggregate wealth, marvelous as it has been in each of those directions. +The masses of our people are better fed, clothed, and housed than their +fathers were. The facilities for popular education have been vastly +enlarged and more generally diffused. + +The virtues of courage and patriotism have given recent proof of their +continued presence and increasing power in the hearts and over the +lives of our people. The influences of religion have been multiplied +and strengthened. The sweet offices of charity have greatly increased. +The virtue of temperance is held in higher estimation. We have not +attained an ideal condition. Not all of our people are happy and +prosperous; not all of them are virtuous and law-abiding. But on the +whole the opportunities offered to the individual to secure the comforts +of life are better than are found elsewhere and largely better than they +were here one hundred years ago. + +The surrender of a large measure of sovereignty to the General +Government, effected by the adoption of the Constitution, was not +accomplished until the suggestions of reason were strongly reenforced +by the more imperative voice of experience. The divergent interests +of peace speedily demanded a "more perfect union," The merchant, +the shipmaster, and the manufacturer discovered and disclosed to our +statesmen and to the people that commercial emancipation must be added +to the political freedom which had been so bravely won. The commercial +policy of the mother country had not relaxed any of its hard and +oppressive features. To hold in check the development of our commercial +marine, to prevent or retard the establishment and growth of +manufactures in the States, and so to secure the American market for +their shops and the carrying trade for their ships, was the policy of +European statesmen, and was pursued with the most selfish vigor. + +Petitions poured in upon Congress urging the imposition of +discriminating duties that should encourage the production of needed +things at home. The patriotism of the people, which no longer found a +field of exercise in war, was energetically directed to the duty of +equipping the young Republic for the defense of its independence by +making its people self-dependent. Societies for the promotion of home +manufactures and for encouraging the use of domestics in the dress of +the people were organized in many of the States. The revival at the end +of the century of the same patriotic interest in the preservation and +development of domestic industries and the defense of our working +people against injurious foreign competition is an incident worthy of +attention. It is not a departure but a return that we have witnessed. +The protective policy had then its opponents. The argument was made, +as now, that its benefits inured to particular classes or sections. + +If the question became in any sense or at any time sectional, it was +only because slavery existed in some of the States. But for this there +was no reason why the cotton-producing States should not have led or +walked abreast with the New England States in the production of cotton +fabrics. There was this reason only why the States that divide with +Pennsylvania the mineral treasures of the great southeastern and +central mountain ranges should have been so tardy in bringing to the +smelting furnace and to the mill the coal and iron from their near +opposing hillsides. Mill fires were lighted at the funeral pile of +slavery. The emancipation proclamation was heard in the depths of the +earth as well as in the sky; men were made free, and material things +became our better servants. + +The sectional element has happily been eliminated from the tariff +discussion. We have no longer States that are necessarily only planting +States. None are excluded from achieving that diversification of +pursuits among the people which brings wealth and contentment. The +cotton plantation will not be less valuable when the product is spun in +the country town by operatives whose necessities call for diversified +crops and create a home demand for garden and agricultural products. +Every new mine, furnace, and factory is an extension of the productive +capacity of the State more real and valuable than added territory. + +Shall the prejudices and paralysis of slavery continue to hang upon the +skirts of progress? How long will those who rejoice that slavery no +longer exists cherish or tolerate the incapacities it put upon their +communities? I look hopefully to the continuance of our protective +system and to the consequent development of manufacturing and mining +enterprises in the States hitherto wholly given to agriculture as a +potent influence in the perfect unification of our people. The men who +have invested their capital in these enterprises, the farmers who have +felt the benefit of their neighborhood, and the men who work in shop or +field will not fail to find and to defend a community of interest. + +Is it not quite possible that the farmers and the promoters of the +great mining and manufacturing enterprises which have recently been +established in the South may yet find that the free ballot of the +workingman, without distinction of race, is needed for their defense as +well as for his own? I do not doubt that if those men in the South who +now accept the tariff views of Clay and the constitutional expositions +of Webster would courageously avow and defend their real convictions +they would not find it difficult, by friendly instruction and +cooperation, to make the black man their efficient and safe ally, not +only in establishing correct principles in our national administration, +but in preserving for their local communities the benefits of social +order and economical and honest government. At least until the good +offices of kindness and education have been fairly tried the contrary +conclusion can not be plausibly urged. + +I have altogether rejected the suggestion of a special Executive policy +for any section of our country. It is the duty of the Executive to +administer and enforce in the methods and by the instrumentalities +pointed out and provided by the Constitution all the laws enacted by +Congress. These laws are general and their administration should be +uniform and equal. As a citizen may not elect what laws he will obey, +neither may the Executive elect which he will enforce. The duty to +obey and to execute embraces the Constitution in its entirety and the +whole code of laws enacted under it. The evil example of permitting +individuals, corporations, or communities to nullify the laws because +they cross some selfish or local interest or prejudices is full of +danger, not only to the nation at large, but much more to those who use +this pernicious expedient to escape their just obligations or to obtain +an unjust advantage over others. They will presently themselves be +compelled to appeal to the law for protection, and those who would use +the law as a defense must not deny that use of it to others. + +If our great corporations would more scrupulously observe their legal +limitations and duties, they would have less cause to complain of the +unlawful limitations of their rights or of violent interference with +their operations. The community that by concert, open or secret, among +its citizens denies to a portion of its members their plain rights +under the law has severed the only safe bond of social order and +prosperity. The evil works from a bad center both ways. It demoralizes +those who practice it and destroys the faith of those who suffer by +it in the efficiency of the law as a safe protector. The man in whose +breast that faith has been darkened is naturally the subject of +dangerous and uncanny suggestions. Those who use unlawful methods, if +moved by no higher motive than the selfishness that prompted them, may +well stop and inquire what is to be the end of this. + +An unlawful expedient can not become a permanent condition of +government. If the educated and influential classes in a community +either practice or connive at the systematic violation of laws that +seem to them to cross their convenience, what can they expect when the +lesson that convenience or a supposed class interest is a sufficient +cause for lawlessness has been well learned by the ignorant classes? +A community where law is the rule of conduct and where courts, not +mobs, execute its penalties is the only attractive field for business +investments and honest labor. + +Our naturalization laws should be so amended as to make the inquiry +into the character and good disposition of persons applying for +citizenship more careful and searching. Our existing laws have been in +their administration an unimpressive and often an unintelligible form. +We accept the man as a citizen without any knowledge of his fitness, +and he assumes the duties of citizenship without any knowledge as to +what they are. The privileges of American citizenship are so great and +its duties so grave that we may well insist upon a good knowledge of +every person applying for citizenship and a good knowledge by him of +our institutions. We should not cease to be hospitable to immigration, +but we should cease to be careless as to the character of it. There are +men of all races, even the best, whose coming is necessarily a burden +upon our public revenues or a threat to social order. These should be +identified and excluded. + +We have happily maintained a policy of avoiding all interference with +European affairs. We have been only interested spectators of their +contentions in diplomacy and in war, ready to use our friendly offices +to promote peace, but never obtruding our advice and never attempting +unfairly to coin the distresses of other powers into commercial +advantage to ourselves. We have a just right to expect that our +European policy will be the American policy of European courts. + +It is so manifestly incompatible with those precautions for our peace +and safety which all the great powers habitually observe and enforce in +matters affecting them that a shorter waterway between our eastern and +western seaboards should be dominated by any European Government that +we may confidently expect that such a purpose will not be entertained +by any friendly power. + +We shall in the future, as in the past, use every endeavor to maintain +and enlarge our friendly relations with all the great powers, but they +will not expect us to look kindly upon any project that would leave +us subject to the dangers of a hostile observation or environment. We +have not sought to dominate or to absorb any of our weaker neighbors, +but rather to aid and encourage them to establish free and stable +governments resting upon the consent of their own people. We have a +clear right to expect, therefore, that no European Government will +seek to establish colonial dependencies upon the territory of these +independent American States. That which a sense of justice restrains +us from seeking they may be reasonably expected willingly to forego. + +It must not be assumed, however, that our interests are so exclusively +American that our entire inattention to any events that may transpire +elsewhere can be taken for granted. Our citizens domiciled for purposes +of trade in all countries and in many of the islands of the sea demand +and will have our adequate care in their personal and commercial +rights. The necessities of our Navy require convenient coaling stations +and dock and harbor privileges. These and other trading privileges +we will feel free to obtain only by means that do not in any degree +partake of coercion, however feeble the government from which we ask +such concessions. But having fairly obtained them by methods and for +purposes entirely consistent with the most friendly disposition toward +all other powers, our consent will be necessary to any modification or +impairment of the concession. + +We shall neither fail to respect the flag of any friendly nation or the +just rights of its citizens, nor to exact the like treatment for our +own. Calmness, justice, and consideration should characterize our +diplomacy. The offices of an intelligent diplomacy or of friendly +arbitration in proper cases should be adequate to the peaceful +adjustment of all international difficulties. By such methods we will +make our contribution to the world's peace, which no nation values more +highly, and avoid the opprobrium which must fall upon the nation that +ruthlessly breaks it. + +The duty devolved by law upon the President to nominate and, by and +with the advice and consent of the Senate, to appoint all public +officers whose appointment is not otherwise provided for in the +Constitution or by act of Congress has become very burdensome and its +wise and efficient discharge full of difficulty. The civil list is so +large that a personal knowledge of any large number of the applicants +is impossible. The President must rely upon the representations of +others, and these are often made inconsiderately and without any just +sense of responsibility. I have a right, I think, to insist that those +who volunteer or are invited to give advice as to appointments shall +exercise consideration and fidelity. A high sense of duty and an +ambition to improve the service should characterize all public +officers. + +There are many ways in which the convenience and comfort of those who +have business with our public offices may be promoted by a thoughtful +and obliging officer, and I shall expect those whom I may appoint to +justify their selection by a conspicuous efficiency in the discharge of +their duties. Honorable party service will certainly not be esteemed +by me a disqualification for public office, but it will in no case be +allowed to serve as a shield of official negligence, incompetency, or +delinquency. It is entirely creditable to seek public office by proper +methods and with proper motives, and all applicants will be treated +with consideration; but I shall need, and the heads of Departments will +need, time for inquiry and deliberation. Persistent importunity will +not, therefore, be the best support of an application for office. Heads +of Departments, bureaus, and all other public officers having any duty +connected therewith will be expected to enforce the civil-service +law fully and without evasion. Beyond this obvious duty I hope to do +something more to advance the reform of the civil service. The ideal, +or even my own ideal, I shall probably not attain. Retrospect will be +a safer basis of judgment than promises. We shall not, however, I am +sure, be able to put our civil service upon a nonpartisan basis until +we have secured an incumbency that fair-minded men of the opposition +will approve for impartiality and integrity. As the number of such in +the civil list is increased removals from office will diminish. + +While a Treasury surplus is not the greatest evil, it is a serious +evil. Our revenue should be ample to meet the ordinary annual demands +upon our Treasury, with a sufficient margin for those extraordinary but +scarcely less imperative demands which arise now and then. Expenditure +should always be made with economy and only upon public necessity. +Wastefulness, profligacy, or favoritism in public expenditures is +criminal. But there is nothing in the condition of our country or of +our people to suggest that anything presently necessary to the public +prosperity, security, or honor should be unduly postponed. + +It will be the duty of Congress wisely to forecast and estimate +these extraordinary demands, and, having added them to our ordinary +expenditures, to so adjust our revenue laws that no considerable annual +surplus will remain. We will fortunately be able to apply to the +redemption of the public debt any small and unforeseen excess of +revenue. This is better than to reduce our income below our necessary +expenditures, with the resulting choice between another change of our +revenue laws and an increase of the public debt. It is quite possible, +I am sure, to effect the necessary reduction in our revenues without +breaking down our protective tariff or seriously injuring any domestic +industry. + +The construction of a sufficient number of modern war ships and of +their necessary armament should progress as rapidly as is consistent +with care and perfection in plans and workmanship. The spirit, courage, +and skill of our naval officers and seamen have many times in our +history given to weak ships and inefficient guns a rating greatly +beyond that of the naval list. That they will again do so upon occasion +I do not doubt; but they ought not, by premeditation or neglect, to +be left to the risks and exigencies of an unequal combat. We should +encourage the establishment of American steamship lines. The exchanges +of commerce demand stated, reliable, and rapid means of communication, +and until these are provided the development of our trade with the +States lying south of us is impossible. + +Our pension laws should give more adequate and discriminating relief to +the Union soldiers and sailors and to their widows and orphans. Such +occasions as this should remind us that we owe everything to their +valor and sacrifice. + +It is a subject of congratulation that there is a near prospect of the +admission into the Union of the Dakotas and Montana and Washington +Territories. This act of justice has been unreasonably delayed in the +case of some of them. The people who have settled these Territories are +intelligent, enterprising, and patriotic, and the accession of these +new States will add strength to the nation. It is due to the settlers +in the Territories who have availed themselves of the invitations of +our land laws to make homes upon the public domain that their titles +should be speedily adjusted and their honest entries confirmed by +patent. + +It is very gratifying to observe the general interest now being +manifested in the reform of our election laws. Those who have been for +years calling attention to the pressing necessity of throwing about the +ballot box and about the elector further safeguards, in order that our +elections might not only be free and pure, but might clearly appear to +be so, will welcome the accession of any who did not so soon discover +the need of reform. The National Congress has not as yet taken control +of elections in that case over which the Constitution gives it +jurisdiction, but has accepted and adopted the election laws of the +several States, provided penalties for their violation and a method +of supervision. Only the inefficiency of the State laws or an unfair +partisan administration of them could suggest a departure from this +policy. + +It was clearly, however, in the contemplation of the framers of the +Constitution that such an exigency might arise, and provision was +wisely made for it. The freedom of the ballot is a condition of our +national life, and no power vested in Congress or in the Executive to +secure or perpetuate it should remain unused upon occasion. The people +of all the Congressional districts have an equal interest that the +election in each shall truly express the views and wishes of a majority +of the qualified electors residing within it. The results of such +elections are not local, and the insistence of electors residing in +other districts that they shall be pure and free does not savor at all +of impertinence. + +If in any of the States the public security is thought to be threatened +by ignorance among the electors, the obvious remedy is education. The +sympathy and help of our people will not be withheld from any community +struggling with special embarrassments or difficulties connected with +the suffrage if the remedies proposed proceed upon lawful lines and are +promoted by just and honorable methods. How shall those who practice +election frauds recover that respect for the sanctity of the ballot +which is the first condition and obligation of good citizenship? The +man who has come to regard the ballot box as a juggler's hat has +renounced his allegiance. + +Let us exalt patriotism and moderate our party contentions. Let those +who would die for the flag on the field of battle give a better proof +of their patriotism and a higher glory to their country by promoting +fraternity and justice. A party success that is achieved by unfair +methods or by practices that partake of revolution is hurtful and +evanescent even from a party standpoint. We should hold our differing +opinions in mutual respect, and, having submitted them to the +arbitrament of the ballot, should accept an adverse judgment with the +same respect that we would have demanded of our opponents if the +decision had been in our favor. + +No other people have a government more worthy of their respect and love +or a land so magnificent in extent, so pleasant to look upon, and so +full of generous suggestion to enterprise and labor. God has placed +upon our head a diadem and has laid at our feet power and wealth beyond +definition or calculation. But we must not forget that we take these +gifts upon the condition that justice and mercy shall hold the reins +of power and that the upward avenues of hope shall be free to all the +people. + +I do not mistrust the future. Dangers have been in frequent +ambush along our path, but we have uncovered and vanquished them all. +Passion has swept some of our communities, but only to give us a new +demonstration that the great body of our people are stable, patriotic, +and law-abiding. No political party can long pursue advantage at the +expense of public honor or by rude and indecent methods without protest +and fatal disaffection in its own body. The peaceful agencies of +commerce are more fully revealing the necessary unity of all our +communities, and the increasing intercourse of our people is promoting +mutual respect. We shall find unalloyed pleasure in the revelation +which our next census will make of the swift development of the great +resources of some of the States. Each State will bring its generous +contribution to the great aggregate of the nation's increase. And when +the harvests from the fields, the cattle from the hills, and the ores +of the earth shall have been weighed, counted, and valued, we will turn +from them all to crown with the highest honor the State that has most +promoted education, virtue, justice, and patriotism among its people. + +MARCH 4, 1889. + + + + +SPECIAL MESSAGE. + + +EXECUTIVE MANSION, _March 17, 1889_. + +_To the Senate of the United States_: + +I transmit herewith, in answer to the Senate resolution of the 11th +ultimo, a report of the Secretary of State, with accompanying papers, +in regard to the case of Louis Riel, otherwise known as Louis David +Riel.[1] + +BENJ. HARRISON. + +[Footnote 1: Tried and executed by the authorities of British North +America for complicity in the rebellion in the Northwest Territory.] + + + + +PROCLAMATIONS. + + +BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. + +A PROCLAMATION. + +The following provisions of the laws of the United States are hereby +published for the information of all concerned: + +Section 1956, Revised Statutes, chapter 3, Title XXIII, enacts that-- + + No person shall kill any otter, mink, marten, sable, or fur seal, or + other fur-bearing animal within the limits of Alaska Territory or in + the waters thereof; and every person guilty thereof shall for each + offense be fined not less than $200 nor more than $1,000, or imprisoned + not more than six months, or both; and all vessels, their tackle, + apparel, furniture, and cargo, found engaged in violation of this + section shall be forfeited; but the Secretary of the Treasury shall + have power to authorize the killing of any such mink, marten, sable, or + other fur-bearing animal, except fur seals, under such regulations as + he may prescribe; and it shall be the duty of the Secretary to prevent + the killing of any fur seal and to provide for the execution of the + provisions of this section until it is otherwise provided by law, nor + shall he grant any special privileges under this section. + + * * * * * + +Section 3 of the act entitled "An act to provide for the protection +of the salmon fisheries of Alaska," approved March 2, 1889, provides +that-- + + Sec. 3. That section 1956 of the Revised Statutes of the United + States is hereby declared to include and apply to all the dominion of + the United States in the waters of Bering Sea, and it shall be the + duty of the President at a timely season in each year to issue his + proclamation, and cause the same to be published for one month in at + least one newspaper (if any such there be) published at each United + States port of entry on the Pacific coast, warning all persons against + entering such waters for the purpose of violating the provisions of + said section, and he shall also cause one or more vessels of the United + States to diligently cruise said waters and arrest all persons and + seize all vessels found to be or to have been engaged in any violation + of the laws of the United States therein. + + +Now, therefore, I, Benjamin Harrison, President of the United States, +pursuant to the above-recited statutes, hereby warn all persons against +entering the waters of Bering Sea within the dominion of the United +States for the purpose of violating the provisions of said section +1956, Revised Statutes; and I hereby proclaim that all persons found +to be or have been engaged in any violation of the laws of the United +States in said waters will be arrested and punished as above provided, +and that all vessels so employed, their tackle, apparel, furniture, +and cargoes, will be seized and forfeited. + +In testimony whereof I have hereunto set my hand and caused the seal of +the United States to be affixed. + +[SEAL.] + +Done at the city of Washington, this 21st day of March, 1889, and of +the Independence of the United States the one hundred and thirteenth. + +BENJ. HARRISON. + +By the President: + JAMES G. BLAINE, + _Secretary of State_. + + + +BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. + +A PROCLAMATION. + +Whereas, pursuant to section 8 of the act of Congress approved March 3, +1885, entitled "An act making appropriations for the current and +contingent expenses of the Indian Department and for fulfilling treaty +stipulations with various Indian tribes for the year ending June 30, +1886, and for other purposes," certain articles of cession and +agreement were made and concluded at the city of Washington on the 19th +day of January, A.D. 1889, by and between the United States of America +and the Muscogee (or Creek) Nation of Indians, whereby the said +Muscogee (or Creek) Nation of Indians, for the consideration therein +mentioned, ceded and granted to the United States, without reservation +or condition, full and complete title to the entire western half of the +domain of the said Muscogee (or Creek) Nation in the Indian Territory, +lying west of the division line surveyed and established under the +treaty with said nation dated the 14th day of June, 1866, and also +granted and released to the United States all and every claim, estate, +right, or interest of any and every description in and to any and all +land and territory whatever, except so much of the former domain of +said Muscogee (or Creek) Nation as lies east of said line of division +surveyed and established as aforesaid, and then used and occupied as +the home of said nation, and which articles of cession and agreement +were duly accepted, ratified, and confirmed by said Muscogee (or Creek) +Nation of Indians by act of its council approved on the 31st day of +January, 1889, and by the United States by act of Congress approved +March 1, 1889; and + +Whereas by section 12 of the act entitled "An act making appropriations +for the current and contingent expenses of the Indian Department and +for fulfilling treaty stipulations with various Indian tribes for the +year ending June 30, 1890, and for other purposes," approved March 2, +1889, a sum of money was appropriated to pay in full the Seminole +Nation of Indians for all the right, title, interest, and claim which +said nation of Indians might have in and to certain lands ceded by +article 3 of the treaty between the United States and said nation of +Indians concluded June 14, 1866, and proclaimed August 16, 1866, said +appropriation to become operative upon the execution by the duly +appointed delegates of said nation specially empowered to do so of +a release and conveyance to the United States of all right, title, +interest, and claim of said nation of Indians in and to said lands in +manner and form satisfactory to the President of the United States; and + +Whereas said release and conveyance, bearing date the 16th day of +March, 1889, has been duly and fully executed, approved, and delivered; +and + +Whereas section 13 of the act last aforesaid, relating to said lands, +provides as follows: + + SEC. 13. That the lands acquired by the United States under said + agreement shall be a part of the public domain, to be disposed of only + as herein provided; and sections 16 and 36 of each township, whether + surveyed or unsurveyed, are hereby reserved for the use and benefit of + the public schools to be established within the limits of said lands + under such conditions and regulations as may be hereafter enacted by + Congress. + + That the lands acquired by conveyance from the Seminole Indians + hereunder, except the sixteenth and thirty-sixth sections, shall be + disposed of to actual settlers under the homestead laws only, except + as herein otherwise provided (except that section 2301 of the Revised + Statutes shall not apply): _And provided further_, That any person + who, having attempted to but for any cause failed to secure a title + in fee to a homestead under existing law, or who made entry under + what is known as the commuted provision of the homestead law, shall + be qualified to make a homestead entry upon said lands: _And provided + further_, That the rights of honorably discharged Union soldiers and + sailors in the late Civil War as defined and described in sections 2304 + and 2305 of the Revised Statutes shall not be abridged: _And provided + further_, That each entry shall be in square form as nearly as + practicable, and no person be permitted to enter more than one quarter + section thereof, but until said lands are opened for settlement by + proclamation of the President no person shall be permitted to enter + upon and occupy the same, and no person violating this provision shall + ever be permitted to enter any of said lands or acquire any right + thereto. + + The Secretary of the Interior may, after said proclamation and not + before, permit entry of said lands for town sites, under sections 2387 + and 2388 of the Revised Statutes, but no such entry shall embrace more + than one half section of land. + + That all the foregoing provisions with reference to lands to be + acquired from the Seminole Indians, including the provisions pertaining + to forfeiture, shall apply to and regulate the disposal of the lands + acquired from the Muscogee (or Creek) Indians by articles of cession + and agreement made and concluded at the city of Washington on the 19th + day of January, A.D. 1889. + + +Now, therefore, I, Benjamin Harrison, President of the United States, +by virtue of the power in me vested by said act of Congress approved +March 2, 1889, aforesaid, do hereby declare and make known that so much +of the lands as aforesaid acquired from or conveyed by the Muscogee (or +Creek) Nation of Indians and from or by the Seminole Nation of Indians, +respectively, as is contained within the following-described +boundaries, viz: + +Beginning at a point where the degree of longitude 98 west from +Greenwich, as surveyed in the years 1858 and 1871, intersects the +Canadian River; thence north along and with the said degree to a point +where the same intersects the Cimarron River; thence up said river, +along the right bank thereof, to a point where the same is intersected +by the south line of what is known as the Cherokee lands lying west of +the Arkansas River, or as the "Cherokee Outlet," said line being the +north line of the lands ceded by the Muscogee (or Creek) Nation of +Indians to the United States by the treaty of June 14, 1866; thence +east along said line to a point where the same intersects the west line +of the lands set apart as a reservation for the Pawnee Indians by act +of Congress approved April 10, 1876, being the range line between +ranges 4 and 5 east of the Indian meridian; thence south on said line +to a point where the same intersects the middle of the main channel of +the Cimarron River; thence up said river, along the middle of the main +channel thereof, to a point where the same intersects the range line +between range 1 east and range 1 west (being the Indian meridian), +which line forms the western boundary of the reservations set apart, +respectively, for the Iowa and Kickapoo Indians by Executive orders +dated, respectively, August 15, 1883; thence south along said range +line or meridian to a point where the same intersects the right bank +of the North Fork of the Canadian River; thence up said river, along +the right bank thereof, to a point where the same is intersected +by the west line of the reservation occupied by the Citizen band of +Pottawatomies and the Absentee Shawnee Indians, set apart under the +provisions of the treaty of February 27, 1867, between the United +States and the Pottawatomie tribe of Indians, and referred to in the +act of Congress approved May 23, 1872; thence south along the said west +line of the aforesaid reservation to a point where the same intersects +the middle of the main channel of the Canadian River; thence up the +said river, along the middle of the main channel thereof, to a point +opposite to the place of beginning, and thence north to the place of +beginning (saving and excepting 1 acre of land in square form in the +northwest corner of section 9, in township 16 north, range 2 west of +the Indian meridian in Indian Territory, and also 1 acre of land in the +southeast corner of the northwest quarter of section 15, township 16 +north, range 7 west of the Indian meridian in the Indian Territory, +which last-described 2 acres are hereby reserved for Government use and +control), will, at and after the hour of 12 o'clock noon of the 22d day +of April next, and not before, be open for settlement, under the terms +of and subject to all the conditions, limitations, and restrictions +contained in said act of Congress approved March 2, 1889, and the laws +of the United States applicable thereto. + +And it is hereby expressly declared and made known that no other +parts or portions of the lands embraced within the Indian Territory +than those herein specifically described and declared to be open to +settlement at the time above named and fixed are to be considered as +open to settlement under this proclamation or the act of March 2, 1889, +aforesaid. + +And warning is hereby again expressly given that no person entering +upon and occupying said lands before said hour of 12 o'clock noon of +the 22d day of April, A.D. 1889, hereinbefore fixed, will ever be +permitted to enter any of said lands or acquire any rights thereto, and +that the officers of the United States will be required to strictly +enforce the provision of the act of Congress to the above effect. + +In witness whereof I have hereunto set my hand and caused the seal of +the United States to be affixed. + +Done at the city of Washington, this 23d day of March, A.D. 1889, and +of the Independence of the United States the one hundred and +thirteenth. + +[SEAL.] + +BENJ. HARRISON. + +By the President: + JAMES G. BLAINE, + _Secretary of State_. + + + +BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. + +A PROCLAMATION. + +A hundred years have passed since the Government which our forefathers +founded was formally organized. At noon on the 30th day of April, 1789, +in the city of New York, and in the presence of an assemblage of the +heroic men whose patriotic devotion had led the colonies to victory and +independence, George Washington took the oath of office as Chief +Magistrate of the new-born Republic. This impressive act was preceded +at 9 o'clock in the morning in all the churches of the city by prayer +for God's blessing on the Government and its first President. + +The centennial of this illustrious event in our history has been +declared a general holiday by act of Congress, to the end that the +people of the whole country may join in commemorative exercises +appropriate to the day. + +In order that the joy of the occasion may be associated with a deep +thankfulness in the minds of the people for all our blessings in the +past and a devout supplication to God for their gracious continuance in +the future, the representatives of the religious creeds, both Christian +and Hebrew, have memorialized the Government to designate an hour for +prayer and thanksgiving on that day. + +Now, therefore, I, Benjamin Harrison, President of the United States of +America, in response to this pious and reasonable request, do recommend +that on Tuesday, April 30, at the hour of 9 o'clock in the morning, +the people of the entire country repair to their respective places +of divine worship to implore the favor of God that the blessings of +liberty, prosperity, and peace may abide with us as a people, and that +His hand may lead us in the paths of righteousness and good deeds. + +In witness whereof I have hereunto set my hand and caused the seal of +the United States of America to be affixed. + +[SEAL.] + +Done in the city of Washington, this 4th day of April, A.D. 1889, and +of the Independence of the United States the one hundred and +thirteenth. + +BENJ. HARRISON. + +By the President: + JAMES G. BLAINE, + _Secretary of State_. + + + +BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. + +A PROCLAMATION. + +A highly favored people, mindful of their dependence on the bounty of +Divine Providence, should seek fitting occasion to testify gratitude +and ascribe praise to Him who is the author of their many blessings. +It behooves us, then, to look back with thankful hearts over the past +year and bless God for His infinite mercy in vouchsafing to our land +enduring peace, to our people freedom from pestilence and famine, to +our husbandmen abundant harvests, and to them that labor a recompense +of their toil. + +Now, therefore, I, Benjamin Harrison, President of the United States +of America, do earnestly recommend that Thursday, the 28th day of +this present month of November, be set apart as a day of national +thanksgiving and prayer, and that the people of our country, ceasing +from the cares and labors of their working day, shall assemble in their +respective places of worship and give thanks to God, who has prospered +us on our way and made our paths the paths of peace, beseeching Him to +bless the day to our present and future good, making it truly one of +thanksgiving for each reunited home circle as for the nation at large. + +In witness whereof I have hereunto set my hand and caused the seal of +the United States to be affixed. + +[SEAL.] + +Done at the city of Washington, this 1st day of November, A.D. 1889, +and of the Independence of the United States the one hundred and +fourteenth. + +BENJ. HARRISON. + +By the President: + JAMES G. BLAINE, + _Secretary of State_. + + + +BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. + +A PROCLAMATION. + +Whereas the Congress of the United States did by an act approved +on the 22d day of February, 1889, provide that the inhabitants of the +Territory of Dakota might upon the conditions prescribed in said act +become the States of North Dakota and South Dakota; and + +Whereas it was provided by said act that the area comprising the +Territory of Dakota should for the purposes of the act be divided on +the line of the seventh standard parallel produced due west to the +western boundary of said Territory, and that the delegates elected as +therein provided to the constitutional convention in districts north of +said parallel should assemble in convention at the time prescribed in +the act at the city of Bismarck; and + +Whereas it was provided by the said act that the delegates elected as +aforesaid should, after they had met and organized, declare on behalf +of the people of North Dakota that they adopt the Constitution of the +United States, whereupon the said convention should be authorized to +form a constitution and State government for the proposed State of +North Dakota; and + +Whereas it was provided by said act that the constitution so adopted +should be republican in form and make no distinction in civil or +political rights on account of race or color, except as to Indians not +taxed, and not be repugnant to the Constitution of the United States +and the principles of the Declaration of Independence, and that the +convention should, by an ordinance irrevocable without the consent of +the United States and the people of said States, make certain +provisions prescribed in said act; and + +Whereas it was provided by said act that the constitutions of North +Dakota and South Dakota should, respectively, incorporate an agreement, +to be reached in accordance with the provision of the act, for an +equitable division of all property belonging to the Territory of +Dakota, the disposition of all public records, and also for the +apportionment of the debts and liabilities of said Territory, and that +each of said States should obligate itself to pay its proportion of +such debts and liabilities the same as if they had been created by such +States, respectively; and + +Whereas it was provided by said act that the constitution thus +formed for the people of North Dakota should, by an ordinance of the +convention forming the same, be submitted to the people of North Dakota +at an election to be held therein on the first Tuesday in October, +1889, for ratification or rejection by the qualified voters of said +proposed State, and that the returns of said election should be made to +the secretary of the Territory of Dakota, who, with the governor and +chief justice thereof, or any two of them, should canvass the same, and +if a majority of the legal votes cast should be for the constitution +the governor should certify the result to the President of the United +States, together with a statement of the votes cast thereon and upon +separate articles or propositions, and a copy of said constitution, +articles, propositions, and ordinances; and + +Whereas it has been certified to me by the governor of the Territory +of Dakota that within the time prescribed by said act of Congress a +constitution for the proposed State of North Dakota has been adopted +and the same ratified by a majority of the qualified voters of said +proposed State in accordance with the conditions prescribed in said +act; and + +Whereas it is also certified to me by the said governor that at the +same time that the body of said constitution was submitted to a vote of +the people a separate article, numbered 20 and entitled "Prohibition," +was also submitted and received a majority of all the votes cast for +and against said article, as well as a majority of all the votes cast +for and against the constitution, and was adopted; and + +Whereas a duly authenticated copy of said constitution, article, +ordinances, and propositions, as required by said act, has been +received by me: + +Now, therefore, I, Benjamin Harrison, President of the United States of +America, do, in accordance with the provisions of the act of Congress +aforesaid, declare and proclaim the fact that the conditions imposed +by Congress on the State of North Dakota to entitle that State to +admission to the Union have been ratified and accepted and that the +admission of the said State into the Union is now complete. + +In testimony whereof I have hereunto set my hand and caused the seal of +the United States to be affixed. + +[SEAL.] + +Done at the city of Washington, this 2d day of November, A.D. 1889, and +of the Independence of the United States of America the one hundred and +fourteenth. + +BENJ. HARRISON. + +By the President: + JAMES G. BLAINE, + _Secretary of State_. + + + +BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. + +A PROCLAMATION. + +Whereas the Congress of the United States did by an act approved +on the 22d day of February, 1889, provide that the inhabitants of the +Territory of Dakota might upon the conditions prescribed in the said +act become the States of North Dakota and South Dakota; and + +Whereas it was provided by said act that the area comprising the +Territory of Dakota should for the purposes of the act be divided on +the line of the seventh standard parallel produced due west to the +western boundary of said Territory, and that the delegates elected as +therein provided to the constitutional convention in districts south of +said parallel should at the time prescribed in the act assemble in +convention at the city of Sioux Falls; and + +Whereas it was provided by the said act that the delegates elected as +aforesaid should, after they had met and organized, declare on behalf +of the people of South Dakota that they adopt the Constitution of the +United States, whereupon the said convention should be authorized to +form a constitution and State government for the proposed State of +South Dakota; and + +Whereas it was provided by said act that the constitution so adopted +should be republican in form and make no distinction in civil or +political rights on account of race or color, except as to Indians not +taxed, and not be repugnant to the Constitution of the United States +and the principles of the Declaration of Independence, and that the +convention should, by an ordinance irrevocable without the consent of +the United States and the people of said States, make certain +provisions prescribed in said act; and + +Whereas it was provided by said act that the constitutions of North +Dakota and South Dakota should, respectively, incorporate an agreement, +to be reached in accordance with the provisions of the act, for an +equitable division of all property belonging to the Territory of +Dakota, the disposition of all public records, and also for the +apportionment of the debts and liabilities of said Territory, and that +each of said States should obligate itself to pay its proportion of +such debts and liabilities the same as if they had been created by such +States respectively; and + +Whereas it was provided by said act that at the election for delegates +to the constitutional convention in South Dakota, as therein provided, +each elector might have written or printed on his ballot the words +"For the Sioux Falls constitution" or the words "Against the Sioux +Falls constitution;" that the votes on this question should be returned +and canvassed in the same manner as the votes for the election of +delegates, and if a majority of all votes cast on this question should +be "For the Sioux Falls constitution" it should be the duty of the +convention which might assemble at Sioux Falls, as provided in the +act, to resubmit to the people of South Dakota, for ratification or +rejection, at an election provided for in said act, the constitution +framed at Sioux Falls and adopted November 3, 1885, and also the +articles and propositions separately submitted at that election, +including the question of locating the temporary seat of government, +with such changes only as related to the name and boundary of the +proposed State, to the reapportionment of the judicial and legislative +districts, and such amendments as might be necessary in order to comply +with the provisions of the act; and + +Whereas it was provided by said act that the constitution formed for +the people of South Dakota should, by an ordinance of the convention +forming the same, be submitted to the people of South Dakota at an +election to be held therein on the first Tuesday in October, 1889, for +ratification or rejection by the qualified voters of said proposed +State, and that the returns of said election should be made to the +secretary of the Territory of Dakota, who, with the governor and chief +justice thereof, or any two of them, should canvass the same, and if +a majority of the legal votes cast should be for the constitution the +governor should certify the result to the President of the United +States, together with a statement of the votes cast thereon and upon +separate articles or propositions, and a copy of said constitution, +articles, propositions, and ordinances; and + +Whereas it has been certified to me by the governor of the Territory of +Dakota that at the aforesaid election for delegates the "Sioux Falls +constitution" was submitted to the people of the proposed State of +South Dakota, as provided in the said act; that a majority of all the +votes cast on this question was "For the Sioux Falls constitution," +and that the said constitution was at the time prescribed in the act +resubmitted to the people of South Dakota, with proper changes and +amendments, and has been adopted and ratified by a majority of the +qualified voters of said proposed State in accordance with the +conditions prescribed in said act; and + +Whereas it is also certified to me by the said governor that at the +same time that the body of said constitution was submitted to a vote +of the people two additional articles were submitted separately, to +wit, an article numbered 24, entitled "Prohibition," which received a +majority of all the votes cast for and against said article, as well +as a majority of all the votes cast for and against the constitution, +and was adopted; and an article numbered 25, entitled "Minority +representation," which did not receive a majority of the votes cast +thereon or upon the constitution, and was rejected; and + +Whereas a duly authenticated copy of said constitution, additional +articles, ordinances, and propositions, as required by said act, has +been received by me: + +Now, therefore, I, Benjamin Harrison, President of the United States of +America, do, in accordance with the act of Congress aforesaid, declare +and proclaim the fact that the conditions imposed by Congress on the +State of South Dakota to entitle that State to admission to the Union +have been ratified and accepted and that the admission of the said +State into the Union is now complete. + +In testimony whereof I have hereunto set my hand and caused the seal of +the United States to be affixed. + +[SEAL.] + +Done at the city of Washington, this 2d day of November, A.D. 1889, and +of the independence of the United States of America the one hundred and +fourteenth. + +BENJ. HARRISON. + +By the President: + JAMES G. BLAINE, + _Secretary of State_. + + + +BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. + +A PROCLAMATION. + +Whereas the Congress of the United States did by an act approved +on the 22d day of February, 1889, provide that the inhabitants of the +Territory of Montana might upon the conditions prescribed in said act +become the State of Montana; and + +Whereas it was provided by said act that delegates elected as therein +provided to a constitutional convention in the Territory of Montana +should meet at the seat of government of said Territory, and that after +they had met and organized they should declare on behalf of the people +of Montana that they adopt the Constitution of the United States, +whereupon the said convention should be authorized to form a State +government for the proposed State of Montana; and + +Whereas it was provided by said act that the constitution so adopted +should be republican in form and make no distinction in civil or +political rights on account of race or color, except as to Indians not +taxed, and not be repugnant to the Constitution of the United States +and the principles of the Declaration of Independence, and that the +convention should, by an ordinance irrevocable without the consent of +the United States and the people of said State, make certain provisions +prescribed in said act; and + +Whereas it was provided by said act that the constitution thus formed +for the people of Montana should, by an ordinance of the convention +forming the same, be submitted to the people of Montana at an election +to be held therein on the 1st Tuesday in October, 1889, for +ratification or rejection by the qualified voters of said proposed +State, and that the returns of said election should be made to the +secretary of said Territory, who, with the governor and chief justice +thereof, or any two of them, should canvass the same, and if a majority +of the legal votes cast should be for the constitution the governor +should certify the result to the President of the United States, +together with a statement of the votes cast thereon and upon separate +articles or propositions, and a copy of said constitution, articles, +propositions, and ordinances; and + +Whereas it has been certified to me by the governor of said Territory +that within the time prescribed by said act of Congress a constitution +for the proposed State of Montana has been adopted, and that the same, +together with two ordinances connected therewith, has been ratified by +a majority of the qualified voters of said proposed State in accordance +with the conditions prescribed in said act; and + +Whereas a duly authenticated copy of said constitution and ordinances, +as required by said act, has been received by me: + +Now, therefore, I, Benjamin Harrison, President of the United States of +America, do, in accordance with the provisions of the act of Congress +aforesaid, declare and proclaim the fact that the conditions imposed by +Congress on the State of Montana to entitle that State to admission to +the Union have been ratified and accepted and that the admission of the +said State into the Union is now complete. + +In testimony whereof I have hereunto set my hand and caused the seal of +the United States to be affixed. + +[SEAL.] + +Done at the city of Washington, this 8th day of November, A.D. 1889, +and of the Independence of the United States of America the one hundred +and fourteenth. + +BENJ. HARRISON. + +By the President: + JAMES G. BLAINE, + _Secretary of State_. + + + +BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. + +A PROCLAMATION. + +Whereas the Congress of the United States did by an act approved +on the 22d day of February, 1889, provide that the inhabitants of the +Territory of Washington might upon the conditions prescribed in said +act become the State of Washington; and + +Whereas it was provided by said act that delegates elected as therein +provided to a constitutional convention in the Territory of Washington +should meet at the seat of government of said Territory, and that after +they had met and organized they should declare on behalf of the people +of Washington that they adopt the Constitution of the United States, +whereupon the said convention should be authorized to form a State +government for the proposed State of Washington; and + +Whereas it was provided by said act that the constitution so adopted +should be republican in form and make no distinction in civil or +political rights on account of race or color, except as to Indians not +taxed, and not be repugnant to the Constitution of the United States +and the principles of the Declaration of Independence, and that the +convention should, by an ordinance irrevocable without the consent of +the United States and the people of said State, make certain provisions +prescribed in said act; and + +Whereas it was provided by said act that the constitution thus formed +for the people of Washington should, by an ordinance of the convention +forming the same, be submitted to the people of Washington at an +election to be held therein on the first Tuesday in October, 1889, for +ratification or rejection by the qualified voters of said proposed +State, and that the returns of said election should be made to the +secretary of said Territory, who, with the governor and chief justice +thereof, or any two of them, should canvass the same, and if a majority +of the legal votes cast should be for the constitution the governor +should certify the result to the President of the United States, +together with a statement of the votes cast thereon and upon separate +articles or propositions, and a copy of said constitution, articles, +propositions, and ordinances; and + +Whereas it has been certified to me by the governor of said Territory +that within the time prescribed by said act of Congress a constitution +for the proposed State of Washington has been adopted, and that the +same has been ratified by a majority of the qualified voters of said +proposed State in accordance with the conditions prescribed in said +act; and + +Whereas it is also certified to me by the said governor that at the +same time the body of said constitution was submitted to a vote +of the people two separate articles, entitled "Woman suffrage" and +"Prohibition," were likewise submitted, which said separate articles +did not receive a majority of the votes cast thereon or upon the +constitution, and were rejected; also that at the same election the +question of the location of a permanent seat of government was so +submitted, and that no place received a majority of all the votes +cast upon said question; and + +Whereas a duly authenticated copy of said constitution and articles, +as required by said act, has been received by me: + +Now, therefore, I, Benjamin Harrison, President of the United States of +America, do, in accordance with the provisions of the act of Congress +aforesaid, declare and proclaim the fact that the conditions imposed by +Congress on the State of Washington to entitle that State to admission +to the Union have been ratified and accepted and that the admission of +the said State into the Union is now complete. + +In testimony whereof I have hereunto set my hand and caused the seal of +the United States to be affixed. + +[SEAL.] + +Done at the city of Washington, this 11th day of November, A.D. 1889, +and of the Independence of the United States of America the one hundred +and fourteenth. + +BENJ. HARRISON. + +By the President: + JAMES G. BLAINE, + _Secretary of State_. + + + + +EXECUTIVE ORDERS. + + +EXECUTIVE MANSION, _Washington, March 11, 1889_. + +Whereas civil-service rules for the railway mail service were approved +January 4, 1889, to go into effect March 15, 1889; and + +Whereas it is represented to me by the Civil Service Commission in a +communication of this date that it will be impossible to complete +arrangements for putting said rules into full effect on said date, or +sooner than May 1, 1889: + +_It is therefore ordered_, That said railway mail rules shall take +effect May 1, 1889, instead of March 15, 1889: _Provided_, That such +rules shall become operative and take effect in any State or Territory +as soon as an eligible register for such State or Territory shall be +prepared, if it shall be prior to the date above fixed. + +BENJ. HARRISON. + + + +AMENDMENT OF CIVIL-SERVICE RULES. + +EXECUTIVE MANSION, _April 17, 1889_. + +Special Departmental Rule No. 1 is hereby amended by including among the +places excepted from examination thereunder in section 2 the following: +"and inspector of furniture." + +As amended so much of that section as relates to the office of Secretary +of the Treasury will read as follows: + + 2. In the Department of the Treasury, in the office of the Secretary: + Government actuary and inspector of furniture. + +BENJ. HARRISON. + + + +REGULATIONS FOR THE DISTRIBUTION OF ARMS, ORDNANCE STORES, +QUARTERMASTER'S STORES, AND CAMP EQUIPAGE TO THE TERRITORIES AND THE +DISTRICT OF COLUMBIA, PRESCRIBED BY THE PRESIDENT OF THE UNITED STATES +IN CONFORMITY WITH THE SECOND SECTION OF THE ACT ENTITLED "AN ACT TO +AMEND SECTION 1661, REVISED STATUTES, MAKING AN ANNUAL APPROPRIATION TO +PROVIDE ARMS AND EQUIPMENTS FOR THE MILITIA." + +EXECUTIVE MANSION, _April 23, 1889_. + +1. Arms, ordnance stores, quartermaster's stores, and camp equipage +shall be issued to the Territories on requisitions of the governors +thereof, and to the District of Columbia on requisitions approved by the +senior general of the District militia present for duty. Returns shall +be made annually by the senior general of the District militia in the +manner as required by sections 3 and 4 of the act above referred to in +the case of States and Territories. + +2. It is forbidden to make issues to States and Territories in excess of +the amount to their credit under the provisions of section 1661, Revised +Statutes, as amended by the above act. + +3. Any regulations established hitherto which in any way conflict with +these are hereby revoked. + +BENJ. HARRISON. + + + +AMENDMENT OF CIVIL-SERVICE RULES. + +MAY 4, 1889. + +Special Departmental Rule No. 1 is hereby amended by including among the +places excepted from examination thereunder in section 2 the following: +"custodian of dies, rolls, and plates at the Bureau of Engraving and +Printing, two subcustodians, keeper of the vault, and distributer of +stock." + +As amended so much of that section as relates to the office of the +Secretary of the Treasury will read: + +2. In the Department of the Treasury, in the office of the Secretary: +Government actuary, inspector of furniture, custodian of dies, rolls, +and plates at the Bureau of Engraving and Printing, two subcustodians, +keeper of the vault, and distributer of stock. + +BENJ. HARRISON. + + + +AMENDMENTS OF CIVIL-SERVICE RULES. + +EXECUTIVE MANSION, _May 27, 1889_. + +Departmental Rule VIII is hereby amended as follows: + +At the end of section 1 insert an additional clause, as follows: + + (_d_) From the office of the President of the United States, after two + years' continuous service therein immediately preceding the transfer, + to any place in the classified service without examination, upon the + requisition of the head of the Department to which the transfer is to + be made and the certification of the Commission. + +In section 2, line 1, after the word "authorized," insert the following: +"except as provided in section 1, clause (_d_)." + +BENJ. HARRISON. + + + +BY THE PRESIDENT OF THE UNITED STATES. + +EXECUTIVE ORDER. + +EXECUTIVE MANSION, _May 29, 1889_. + +_It is hereby ordered_, That the several Executive Departments and the +Government Printing Office be closed on Thursday, the 30th instant, to +enable the employees to participate in the decoration of the graves of +the soldiers who fell during the rebellion. + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _June 7, 1889_. + +In November, 1862, President Lincoln quoted the words of Washington to +sustain his own views, and announced in a general order that-- + + The President, Commander in Chief of the Army and Navy, desires and + enjoins the orderly observance of the Sabbath by the officers and men + in the military and naval service. The importance for man and beast of + the prescribed weekly rest, the sacred rights of Christian soldiers + and sailors, a becoming deference to the best sentiment of a Christian + people, and a due regard for the divine will demand that Sunday labor + in the Army and Navy be reduced to the measure of strict necessity. + + +The truth so concisely stated can not be too faithfully regarded, and +the pressure to ignore it is far less now than in the midst of war. To +recall the kindly and considerate spirit of the orders issued by these +great men in the most trying times of our history, and to promote +contentment and efficiency, the President directs that Sunday-morning +inspection will be merely of the dress and general appearance, without +arms; and the more complete inspection under arms, with all men present, +as required in paragraph 950, Army Regulations, 1889, will take place on +Saturday. + +BENJ. HARRISON. + +By the President: + REDFIELD PROCTOR, + _Secretary of War_. + + + +AMENDMENTS OF CIVIL-SERVICE RULES. + +EXECUTIVE MANSION, _June 10, 1889_. + +Special Departmental Rule No. 1 is hereby amended as follows: + +In section 2, at the end of paragraph 1, insert the following: "foremen +of laborers, skilled laborers, elevator conductors, foreman of cabinet +shop, and cabinetmakers." + +So that as amended so much of section 2 as relates to the office of the +Secretary of the Treasury will read: + + In the office of the Secretary: Government actuary, inspector of + furniture, custodian of dies, rolls, and plates at the Bureau of + Engraving and Printing, two subcustodians, keeper of the vault, and + distributer of stock, foremen of laborers, skilled laborers, elevator + conductors, foreman of cabinet shop, and cabinetmakers. + +In section 3 strike out the last paragraph and insert in lieu thereof +the following: + + In the Geological Survey: General assistant, executive officer, chief + photographer, editor, all scientific employees of the Geological Survey + officially designated as follows: Chief geologist, geologist, assistant + geologist, chief paleontologist, paleontologist, and assistant + paleontologist, chief chemist, chemist, assistant chemist, chief + physicist, physicist, assistant physicist, chief geographer, geographer, + assistant geographer, chief topographer, topographer, assistant + topographer, chief hydrographer, hydrographer, assistant hydrographer, + supervising engineer, engineer, assistant engineer, paleontological + draftsman, chief mechanician, mechanician, assistant mechanician. + +BENJ. HARRISON. + + + +AMENDMENT OF CIVIL-SERVICE RULES. + +EXECUTIVE MANSION, _June 18, 1889_. + +Departmental Rule X, Customs Rule VII, Postal Rule VII, and Railway Mail +Rule VI are hereby amended by adding to each of said rules, at the end +thereof, the following: + + _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 of the United States in the late War of + the Rebellion, and was honorably discharged therefrom, without regard to + the length of time he has been separated from the service. + +BENJ. HARRISON. + + + +AMENDMENT OF CIVIL-SERVICE RULES. + +JULY 26, 1889. + +Clause (_h_) of section 2 of General Rule III is hereby amended by +adding to that clause, at the end thereof, the following: "or for +temporary appointment for not exceeding thirty days in any part of the +classified service." + +Approved: + +BENJ. HARRISON. + + + +AMENDMENT OF CIVIL-SERVICE RULES. + +JULY 26, 1889. + +Section 5 of Railway Mail Rule II is hereby amended by adding an +additional clause, as follows: + + (_c_) Printers, employed as such. + +Approved: + +BENJ. HARRISON. + + + +AMENDMENT OF CIVIL-SERVICE RULES. + +EXECUTIVE MANSION, _August 17, 1889_. + +Clause 5 of Railway Mail Rule II is hereby amended by adding thereto the +following clauses: + + (_d_) Clerks employed exclusively as porters in handling mail matter in + bulk, in sacks, or pouches, and not otherwise. + + (_e_) Clerks employed exclusively on steamboats. + +Approved: + +BENJ. HARRISON. + + + +AMENDMENT OF CIVIL-SERVICE RULES. + +AUGUST 20, 1889. + +Clause 2 of Special Departmental Rule No. 1 is hereby amended by +including among the places excepted from examination in the office of +the Supervising Architect the following: "engineers and draftsmen of +classes 1, 2, 3, 4, and 5, not exceeding ten in all: _Provided_, That +these ten places shall cease to be excepted places from and after June +30, 1890." + +As thus amended so much of clause 2 as relates to the office of the +Supervising Architect will read as follows: + +In the office of the Supervising Architect: Supervising Architect, +assistant and chief clerk, confidential clerk to Supervising Architect, +photographer, engineers and draftsmen of classes 1, 2, 3, 4, and 5, not +exceeding ten in all: _Provided_, That these ten places shall cease to +be excepted places from and after June 30, 1890. + +Approved: + +BENJ. HARRISON. + + + +AMENDMENT OF CIVIL-SERVICE RULES. + +OCTOBER 29, 1889. + +Section 2 of Special Departmental Rule No. 1 is hereby amended by adding +to the places excepted from examination in the Bureau of Engraving and +Printing the following: "plate cleaners, transferrers, hardeners, +provers, pressmen, machinists, plumbers, carpenters, and blacksmiths." + +Approved: + +BENJ. HARRISON. + + + +AMENDMENTS OF CIVIL-SERVICE RULES. + +Section 2 of Railway Mail Rule IV is hereby amended by substituting for +clause (_b_) of said section the following: + + (_b_) The Commission shall certify from the register of the State or + Territory in which the vacancy exists the names of the three eligibles + thereon having the highest averages, resident in the counties of said + State or Territory through or on the borders of which the section of the + road passes on which the person to be appointed is to serve, who have + not been three times certified: _Provided_, That if there are not three + eligibles resident in said counties, then certification shall be made in + like manner from the counties of said State or Territory nearest to the + line of said road in which there are three eligibles; or if there are + not three eligibles upon the register of said State or Territory, then + certification may be made from the register of any adjoining State or + Territory: _Provided further_, That if upon the register of the State + or Territory in which vacancy exists there are the names of eligibles + having a claim of preference under section 1754, Revised Statutes, the + names of such eligibles shall be certified before the names of other + eligibles of higher grade. + + +At the end of the rule add an additional section, as follows: + + 7. In case of public and pressing exigency demanding the immediate + employment of experienced railway mail clerks who can not be at once + supplied in the manner provided for in section 2 of this rule, or by + transfer under Rule V, or reappointment under Rule VI, there may be + employed, without examination or certification, under such regulations + as the Postmaster-General may prescribe, for a period not to exceed + thirty days, which, with the consent of the Commission, may be extended + to sixty days, any persons who have been in the railway mail service, + who have the requisite knowledge and experience, who may be available. + Every such employment and the reasons therefor shall be at once + reported to the Commission. + + +Approved, November 1, 1889. + +BENJ. HARRISON. + + + +AMENDMENT OF CIVIL-SERVICE RULES. + +Special Customs Rule No. 1 is hereby amended by adding to the places +excepted from examination at the port of New York the following: + + Office of the General Appraiser: Chief clerk and law clerk. + +Approved, November 18, 1889. + +BENJ. HARRISON. + + + + +FIRST ANNUAL MESSAGE. + + +EXECUTIVE MANSION, _Washington, December 3, 1889_. + +_To the Senate and House of Representatives_: + +There are few transactions in the administration of the Government +that are even temporarily held in the confidence of those charged +with the conduct of the public business. Every step taken is under the +observation of an intelligent and watchful people. The state of the +Union is known from day to day, and suggestions as to needed legislation +find an earlier voice than that which speaks in these annual +communications of the President to Congress. + +Good will and cordiality have characterized our relations and +correspondence with other governments, and the year just closed leaves +few international questions of importance remaining unadjusted. No +obstacle is believed to exist that can long postpone the consideration +and adjustment of the still pending questions upon satisfactory and +honorable terms. The dealings of this Government with other states have +been and should always be marked by frankness and sincerity, our +purposes avowed, and our methods free from intrigue. This course has +borne rich fruit in the past, and it is our duty as a nation to preserve +the heritage of good repute which a century of right dealing with +foreign governments has secured to us. + +It is a matter of high significance and no less of congratulation that +the first year of the second century of our constitutional existence +finds as honored guests within our borders the representatives of all +the independent States of North and South America met together in +earnest conference touching the best methods of perpetuating and +expanding the relations of mutual interest and friendliness existing +among them. That the opportunity thus afforded for promoting closer +international relations and the increased prosperity of the States +represented will be used for the mutual good of all I can not permit +myself to doubt. Our people will await with interest and confidence the +results to flow from so auspicious a meeting of allied and in large part +identical interests. + +The recommendations of this international conference of enlightened +statesmen will doubtless have the considerate attention of Congress and +its cooperation in the removal of unnecessary barriers to beneficial +intercourse between the nations of America. But while the commercial +results which it is hoped will follow this conference are worthy of +pursuit and of the great interests they have excited, it is believed +that the crowning benefit will be found in the better securities which +may be devised for the maintenance of peace among all American nations +and the settlement of all contentions by methods that a Christian +civilization can approve. While viewing with interest our national +resources and products, the delegates will, I am sure, find a higher +satisfaction in the evidences of unselfish friendship which everywhere +attend their intercourse with our people. + +Another international conference having great possibilities for good has +lately assembled and is now in session in this capital. An invitation +was extended by the Government, under the act of Congress of July 9, +1888, to all maritime nations to send delegates to confer touching the +revision and amendment of the rules and regulations governing vessels +at sea and to adopt a uniform system of marine signals. The response to +this invitation has been very general and very cordial. Delegates from +twenty-six nations are present in the conference, and they have entered +upon their useful work with great zeal and with an evident appreciation +of its importance. So far as the agreement to be reached may require +legislation to give it effect, the cooperation of Congress is +confidently relied upon. + +It is an interesting, if not, indeed, an unprecedented, fact that the +two international conferences have brought together here the accredited +representatives of thirty-three nations. + +Bolivia, Ecuador, and Honduras are now represented by resident envoys of +the plenipotentiary grade. All the States of the American system now +maintain diplomatic representation at this capital. + +In this connection it may be noted that all the nations of the Western +Hemisphere, with one exception, send to Washington envoys extraordinary +and ministers plenipotentiary, being the highest grade accredited to +this Government. The United States, on the contrary, sends envoys of +lower grades to some of our sister Republics. Our representative in +Paraguay and Uruguay is a minister resident, while to Bolivia we send a +minister resident and consul-general. In view of the importance of our +relations with the States of the American system, our diplomatic agents +in those countries should be of the uniform rank of envoy extraordinary +and minister plenipotentiary. Certain missions were so elevated by the +last Congress with happy effect, and I recommend the completion of the +reform thus begun, with the inclusion also of Hawaii and Hayti, in view +of their relations to the American system of states. + +I also recommend that timely provision be made for extending to Hawaii +an invitation to be represented in the international conference now +sitting at this capital. + +Our relations with China have the attentive consideration which their +magnitude and interest demand. The failure of the treaty negotiated +under the Administration of my predecessor for the further and more +complete restriction of Chinese labor immigration, and with it the +legislation of the last session of Congress dependent thereon, leaves +some questions open which Congress should now approach in that wise and +just spirit which should characterize the relations of two great and +friendly powers. While our supreme interests demand the exclusion of +a laboring element which experience has shown to be incompatible with +our social life, all steps to compass this imperative need should be +accompanied with a recognition of the claim of those strangers now +lawfully among us to humane and just treatment. + +The accession of the young Emperor of China marks, we may hope, an era +of progress and prosperity for the great country over which he is called +to rule. + +The present state of affairs in respect to the Samoan Islands is +encouraging. The conference which was held in this city in the summer +of 1887 between the representatives of the United States, Germany, and +Great Britain having been adjourned because of the persistent divergence +of views which was developed in its deliberations, the subsequent course +of events in the islands gave rise to questions of a serious character. +On the 4th of February last the German minister at this capital, in +behalf of his Government, proposed a resumption of the conference at +Berlin. This proposition was accepted, as Congress in February last was +informed. + +Pursuant to the understanding thus reached, commissioners were appointed +by me, by and with the advice and consent of the Senate, who proceeded +to Berlin, where the conference was renewed. The deliberations extended +through several weeks, and resulted in the conclusion of a treaty which +will be submitted to the Senate for its approval. I trust that the +efforts which have been made to effect an adjustment of this question +will be productive of the permanent establishment of law and order in +Samoa upon the basis of the maintenance of the rights and interests of +the natives as well as of the treaty powers. + +The questions which have arisen during the past few years between Great +Britain and the United States are in abeyance or in course of amicable +adjustment. + +On the part of the government of the Dominion of Canada an effort has +been apparent during the season just ended to administer the laws and +regulations applicable to the fisheries with as little occasion for +friction as was possible, and the temperate representations of this +Government in respect of cases of undue hardship or of harsh +interpretations have been in most cases met with measures of transitory +relief. It is trusted that the attainment of our just rights under +existing treaties and in virtue of the concurrent legislation of the two +contiguous countries will not be long deferred and that all existing +causes of difference may be equitably adjusted. + +I recommend that provision be made by an international agreement for +visibly marking the water boundary between the United States and Canada +in the narrow channels that join the Great Lakes. The conventional line +therein traced by the northwestern boundary survey years ago is not in +all cases readily ascertainable for the settlement of jurisdictional +questions. + +A just and acceptable enlargement of the list of offenses for which +extradition may be claimed and granted is most desirable between this +country and Great Britain. The territory of neither should become a +secure harbor for the evil doers of the other through any avoidable +shortcoming in this regard. A new treaty on this subject between the two +powers has been recently negotiated and will soon be laid before the +Senate. + +The importance of the commerce of Cuba and Puerto Rico with the United +States, their nearest and principal market, justifies the expectation +that the existing relations may be beneficially expanded. The +impediments resulting from varying dues on navigation and from the +vexatious treatment of our vessels on merely technical grounds of +complaint in West India ports should be removed. + +The progress toward an adjustment of pending claims between the United +States and Spain is not as rapid as could be desired. + +Questions affecting American interests in connection with railways +constructed and operated by our citizens in Peru have claimed the +attention of this Government. It is urged that other governments in +pressing Peru to the payment of their claims have disregarded the +property rights of American citizens. The matter will be carefully +investigated with a view to securing a proper and equitable adjustment. + +A similar issue is now pending with Portugal. The Delagoa Bay Railway, +in Africa, was constructed under a concession by Portugal to an American +citizen. When nearly completed the road was seized by the agents of the +Portuguese Government. Formal protest has been made through our minister +at Lisbon against this act, and no proper effort will be spared to +secure proper relief. + +In pursuance of the charter granted by Congress and under the terms of +its contract with the Government of Nicaragua the Interoceanic Canal +Company has begun the construction of the important waterway between the +two oceans which its organization contemplates. Grave complications for +a time seemed imminent, in view of a supposed conflict of jurisdiction +between Nicaragua and Costa Rica in regard to the accessory privileges +to be conceded by the latter Republic toward the construction of works +on the San Juan River, of which the right bank is Costa Rican territory. +I am happy to learn that a friendly arrangement has been effected +between the two nations. This Government has held itself ready to +promote in every proper way the adjustment of all questions that might +present obstacles to the completion of a work of such transcendent +importance to the commerce of this country, and, indeed, to the +commercial interests of the world. + +The traditional good feeling between this country and the French +Republic has received additional testimony in the participation of +our Government and people in the international exposition held at +Paris during the past summer. The success of our exhibitors has been +gratifying. The report of the commission will be laid before Congress +in due season. + +This Government has accepted, under proper reserve as to its policy in +foreign territories, the invitation of the Government of Belgium to take +part in an international congress, which opened at Brussels on the 16th +of November, for the purpose of devising measures to promote the +abolition of the slave trade in Africa and to prevent the shipment of +slaves by sea. Our interest in the extinction of this crime against +humanity in the regions where it yet survives has been increased by the +results of emancipation within our own borders. + +With Germany the most cordial relations continue. The questions arising +from the return to the Empire of Germans naturalized in this country are +considered and disposed of in a temperate spirit to the entire +satisfaction of both Governments. + +It is a source of great satisfaction that the internal disturbances of +the Republic of Hayti are at last happily ended, and that an apparently +stable government has been constituted. It has been duly recognized by +the United States. + +A mixed commission is now in session in this capital for the settlement +of long-standing claims against the Republic of Venezuela, and it is +hoped that a satisfactory conclusion will be speedily reached. This +Government has not hesitated to express its earnest desire that the +boundary dispute now pending between Great Britain and Venezuela may be +adjusted amicably and in strict accordance with the historic title of +the parties. + +The advancement of the Empire of Japan has been evidenced by the recent +promulgation of a new constitution, containing valuable guaranties of +liberty and providing for a responsible ministry to conduct the +Government. + +It is earnestly recommended that our judicial rights and processes in +Korea be established on a firm basis by providing the machinery +necessary to carry out treaty stipulations in that regard. + +The friendliness of the Persian Government continues to be shown by its +generous treatment of Americans engaged in missionary labors and by the +cordial disposition of the Shah to encourage the enterprise of our +citizens in the development of Persian resources. + +A discussion is in progress touching the jurisdictional treaty rights of +the United States in Turkey. An earnest effort will be made to define +those rights to the satisfaction of both Governments. + +Questions continue to arise in our relations with several countries in +respect to the rights of naturalized citizens. Especially is this the +case with France, Italy, Russia, and Turkey, and to a less extent with +Switzerland. From time to time earnest efforts have been made to +regulate this subject by conventions with those countries. An improper +use of naturalization should not be permitted, but it is most important +that those who have been duly naturalized should everywhere be accorded +recognition of the rights pertaining to the citizenship of the country +of their adoption. The appropriateness of special conventions for that +purpose is recognized in treaties which this Government has concluded +with a number of European States, and it is advisable that the +difficulties which now arise in our relations with other countries on +the same subject should be similarly adjusted. + +The recent revolution in Brazil in favor of the establishment of a +republican form of government is an event of great interest to the +United States. Our minister at Rio de Janeiro was at once instructed to +maintain friendly diplomatic relations with the Provisional Government, +and the Brazilian representatives at this capital were instructed by +the Provisional Government to continue their functions. Our friendly +intercourse with Brazil has therefore suffered no interruption. + +Our minister has been further instructed to extend on the part of this +Government a formal and cordial recognition of the new Republic so soon +as the majority of the people of Brazil shall have signified their +assent to its establishment and maintenance. + +Within our own borders a general condition of prosperity prevails. The +harvests of the last summer were exceptionally abundant, and the trade +conditions now prevailing seem to promise a successful season to the +merchant and the manufacturer and general employment to our working +people. + +The report of the Secretary of the Treasury for the fiscal year ending +June 30, 1889, has been prepared and will be presented to Congress. +It presents with clearness the fiscal operations of the Government, and +I avail myself of it to obtain some facts for use here. + +The aggregate receipts from all sources for the year were +$387,050,058.84, derived as follows: + + From customs $223,832,741.69 + From internal revenue 130,881,513.92 + From miscellaneous sources 32,335,803.23 + + +The ordinary expenditures for the same period were $281,996,615.60, +and the total expenditures, including the sinking fund, were +$329,579,929.25. The excess of receipts over expenditures was, after +providing for the sinking fund, $57,470,129.59. + +For the current fiscal year the total revenues, actual and estimated, +are $385,000,000, and the ordinary expenditures, actual and estimated, +are $293,000,000, making with the sinking fund a total expenditure of +$341,321,116.99, leaving an estimated surplus of $43,678,883.01. + +During the fiscal year there was applied to the purchase of bonds, in +addition to those for the sinking fund, $90,456,172.35, and during the +first quarter of the current year the sum of $37,838,937.77, all of +which were credited to the sinking fund. The revenues for the fiscal +year ending June 30, 1891, are estimated by the Treasury Department at +$385,000,000, and the expenditures for the same period, including the +sinking fund, at $341,430,477.70. This shows an estimated surplus for +that year of $43,569,522.30, which is more likely to be increased than +reduced when the actual transactions are written up. + +The existence of so large an actual and anticipated surplus should +have the immediate attention of Congress, with a view to reducing the +receipts of the Treasury to the needs of the Government as closely as +may be. The collection of moneys not needed for public uses imposes an +unnecessary burden upon our people, and the presence of so large a +surplus in the public vaults is a disturbing element in the conduct +of private business. It has called into use expedients for putting +it into circulation of very questionable propriety. We should not +collect revenue for the purpose of anticipating our bonds beyond the +requirements of the sinking fund, but any unappropriated surplus in the +Treasury should be so used, as there is no other lawful way of returning +the money to circulation, and the profit realized by the Government +offers a substantial advantage. + +The loaning of public funds to the banks without interest upon the +security of Government bonds I regard as an unauthorized and dangerous +expedient. It results in a temporary and unnatural increase of the +banking capital of favored localities and compels a cautious and gradual +recall of the deposits to avoid injury to the commercial interests. It +is not to be expected that the banks having these deposits will sell +their bonds to the Treasury so long as the present highly beneficial +arrangement is continued. They now practically get interest both upon +the bonds and their proceeds. No further use should be made of this +method of getting the surplus into circulation, and the deposits now +outstanding should be gradually withdrawn and applied to the purchase of +bonds. It is fortunate that such a use can be made of the existing +surplus, and for some time to come of any casual surplus that may exist +after Congress has taken the necessary steps for a reduction of the +revenue. Such legislation should be promptly but very considerately +enacted. + +I recommend a revision of our tariff law both in its administrative +features and in the schedules. The need of the former is generally +conceded, and an agreement upon the evils and inconveniences to be +remedied and the best methods for their correction will probably not be +difficult. Uniformity of valuation at all our ports is essential, and +effective measures should be taken to secure it. It is equally desirable +that questions affecting rates and classifications should be promptly +decided. + +The preparation of a new schedule of customs duties is a matter of great +delicacy because of its direct effect upon the business of the country, +and of great difficulty by reason of the wide divergence of opinion as +to the objects that may properly be promoted by such legislation. Some +disturbance of business may perhaps result from the consideration of +this subject by Congress, but this temporary ill effect will be reduced +to the minimum by prompt action and by the assurance which the country +already enjoys that any necessary changes will be so made as not to +impair the just and reasonable protection of our home industries. The +inequalities of the law should be adjusted, but the protective principle +should be maintained and fairly applied to the products of our farms as +well as of our shops. These duties necessarily have relation to other +things besides the public revenues. We can not limit their effects by +fixing our eyes on the public Treasury alone. They have a direct +relation to home production, to work, to wages, and to the commercial +independence of our country, and the wise and patriotic legislator +should enlarge the field of his vision to include all of these. The +necessary reduction in our public revenues can, I am sure, be made +without making the smaller burden more onerous than the larger by reason +of the disabilities and limitations which the process of reduction puts +upon both capital and labor. The free list can very safely be extended +by placing thereon articles that do not offer injurious competition to +such domestic products as our home labor can supply. The removal of the +internal tax upon tobacco would relieve an important agricultural +product from a burden which was imposed only because our revenue from +customs duties was insufficient for the public needs. If safe provision +against fraud can be devised, the removal of the tax upon spirits used +in the arts and in manufactures would also offer an unobjectionable +method of reducing the surplus. + +A table presented by the Secretary of the Treasury showing the amount +of money of all kinds in circulation each year from 1878 to the present +time is of interest. It appears that the amount of national-bank notes +in circulation has decreased during that period $114,109,729, of which +$37,799,229 is chargeable to the last year. The withdrawal of bank +circulation will necessarily continue under existing conditions. It is +probable that the adoption of the suggestions made by the Comptroller +of the Currency, namely, that the minimum deposit of bonds for the +establishment of banks be reduced and that an issue of notes to the +par value of the bonds be allowed, would help to maintain the bank +circulation. But while this withdrawal of bank notes has been going on +there has been a large increase in the amount of gold and silver coin in +circulation and in the issues of gold and silver certificates. + +The total amount of money of all kinds in circulation on March 1, +1878, was $805,793,807, while on October 1, 1889, the total was +$1,405,018,000. There was an increase of $293,417,552 in gold coin, +of $57,554,100 in standard silver dollars, of $72,311,249 in gold +certificates, of $276,619,715 in silver certificates, and of $14,073,787 +in United States notes, making a total of $713,976,403. There was during +the same period a decrease of $114,109,729 in bank circulation and of +$642,481 in subsidiary silver. The net increase was $599,224,193. The +circulation per capita has increased about $5 during the time covered by +the table referred to. + +The total coinage of silver dollars was on November 1, 1889, +$343,638,001, of which $283,539,521 were in the Treasury vaults and +$60,098,480 were in circulation. Of the amount in the vaults +$277,319,944 were represented by outstanding silver certificates, +leaving $6,219,577 not in circulation and not represented by +certificates. + +The law requiring the purchase by the Treasury of $2,000,000 worth of +silver bullion each month, to be coined into silver dollars of 412-1/2 +grains, has been observed by the Department, but neither the present +Secretary nor any of his predecessors has deemed it safe to exercise the +discretion given by law to increase the monthly purchases to $4,000,000. +When the law was enacted (February 28, 1878) the price of silver in the +market was $1.204 Per ounce, making the bullion value of the dollar 93 +cents. Since that time the price has fallen as low as 91.2 cents per +ounce, reducing the bullion value of the dollar to 70.6 cents. Within +the last few months the market price has somewhat advanced, and on the +1st day of November last the bullion value of the silver dollar was 72 +cents. + +The evil anticipations which have accompanied the coinage and use of the +silver dollar have not been realized. As a coin it has not had general +use, and the public Treasury has been compelled to store it. But this +is manifestly owing to the fact that its paper representative is more +convenient. The general acceptance and the use of the silver certificate +show that silver has not been otherwise discredited. Some favorable +conditions have contributed to maintain this practical equality in their +commercial use between the gold and silver dollars; but some of these +are trade conditions that statutory enactments do not control and of the +continuance of which we can not be certain. + +I think it is clear that if we should make the coinage of silver at the +present ratio free we must expect that the difference in the bullion +values of the gold and silver dollars will be taken account of in +commercial transactions; and I fear the same result would follow any +considerable increase of the present rate of coinage. Such a result +would be discreditable to our financial management and disastrous to all +business interests. We should not tread the dangerous edge of such a +peril. And, indeed, nothing more harmful could happen to the silver +interests. Any safe legislation upon this subject must secure the +equality of the two coins in their commercial uses. + +I have always been an advocate of the use of silver in our currency. +We are large producers of that metal, and should not discredit it. To +the plan which will be presented by the Secretary of the Treasury for +the issuance of notes or certificates upon the deposit of silver bullion +at its market value I have been able to give only a hasty examination, +owing to the press of other matters and to the fact that it has been +so recently formulated. The details of such a law require careful +consideration, but the general plan suggested by him seems to satisfy +the purpose--to continue the use of silver in connection with our +currency and at the same time to obviate the danger of which I have +spoken. At a later day I may communicate further with Congress upon this +subject. + +The enforcement of the Chinese exclusion act has been found to be very +difficult on the northwestern frontier. Chinamen landing at Victoria +find it easy to pass our border, owing to the impossibility with the +force at the command of the customs officers of guarding so long an +inland line. The Secretary of the Treasury has authorized the employment +of additional officers, who will be assigned to this duty, and every +effort will be made to enforce the law. The Dominion exacts a head tax +of $50 for each Chinaman landed, and when these persons, in fraud of our +law, cross into our territory and are apprehended our officers do not +know what to do with them, as the Dominion authorities will not suffer +them to be sent back without a second payment of the tax. An effort will +be made to reach an understanding that will remove this difficulty. + +The proclamation required by section 3 of the act of March 2, 1889, +relating to the killing of seals and other fur-bearing animals, was +issued by me on the 21st day of March,[2] and a revenue vessel was +dispatched to enforce the laws and protect the interests of the United +States. The establishment of a refuge station at Point Barrow, as +directed by Congress, was successfully accomplished. + +Judged by modern standards, we are practically without coast defenses. +Many of the structures we have would enhance rather than diminish the +perils of their garrisons if subjected to the fire of improved guns, and +very few are so located as to give full effect to the greater range of +such guns as we are now making for coast-defense uses. This general +subject has had consideration in Congress for some years, and the +appropriation for the construction of large rifled guns made one year +ago was, I am sure, the expression of a purpose to provide suitable +works in which these guns might be mounted. An appropriation now made +for that purpose would not advance the completion of the works beyond +our ability to supply them with fairly effective guns. + +The security of our coast cities against foreign attacks should not rest +altogether in the friendly disposition of other nations. There should be +a second line wholly in our own keeping. I very urgently recommend an +appropriation at this session for the construction of such works in our +most exposed harbors. + +I approve the suggestion of the Secretary of War that provision be made +for encamping companies of the National Guard in our coast works for +a specified time each year and for their training in the use of heavy +guns. His suggestion that an increase of the artillery force of the Army +is desirable is also, in this connection, commended to the consideration +of Congress. + +The improvement of our important rivers and harbors should be promoted +by the necessary appropriations. Care should be taken that the +Government is not committed to the prosecution of works not of public +and general advantage and that the relative usefulness of works of that +class is not overlooked. So far as this work can ever be said to be +completed, I do not doubt that the end would be sooner and more +economically reached if fewer separate works were undertaken at the same +time, and those selected for their greater general interest were more +rapidly pushed to completion. A work once considerably begun should not +be subjected to the risks and deterioration which interrupted or +insufficient appropriations necessarily occasion. + +The assault made by David S. Terry upon the person of Justice Field, +of the Supreme Court of the United States, at Lathrop, Cal., in August +last, and the killing of the assailant by a deputy United States marshal +who had been deputed to accompany Justice Field and to protect him from +anticipated violence at the hands of Terry, in connection with the legal +proceedings which have followed, suggest questions which, in my +judgment, are worthy of the attention of Congress. + +I recommend that more definite provision be made by law not only for the +protection of Federal officers, but for a full trial of such cases in +the United States courts. In recommending such legislation I do not at +all impeach either the general adequacy of the provision made by the +State laws for the protection of all citizens or the general good +disposition of those charged with the execution of such laws to give +protection to the officers of the United States. The duty of protecting +its officers, as such, and of punishing those who assault them on +account of their official acts should not be devolved expressly or by +acquiescence upon the local authorities. + +Events which have been brought to my attention happening in other +parts of the country have also suggested the propriety of extending by +legislation fuller protection to those who may be called as witnesses in +the courts of the United States. The law compels those who are supposed +to have knowledge of public offenses to attend upon our courts and grand +juries and to give evidence. There is a manifest resulting duty that +these witnesses shall be protected from injury on account of their +testimony. The investigations of criminal offenses are often rendered +futile and the punishment of crime impossible by the intimidation of +witnesses. + +The necessity of providing some more speedy method for disposing of the +cases which now come for final adjudication to the Supreme Court becomes +every year more apparent and urgent. The plan of providing some +intermediate courts having final appellate jurisdiction of certain +classes of questions and cases has, I think, received a more general +approval from the bench and bar of the country than any other. Without +attempting to discuss details, I recommend that provision be made for +the establishment of such courts. + +The salaries of the judges of the district courts in many of the +districts are, in my judgment, inadequate. I recommend that all such +salaries now below $5,000 per annum be increased to that amount. It is +quite true that the amount of labor performed by these judges is very +unequal, but as they can not properly engage in other pursuits to +supplement their incomes the salary should be such in all cases as to +provide an independent and comfortable support. + +Earnest attention should be given by Congress to a consideration of the +question how far the restraint of those combinations of capital commonly +called "trusts" is matter of Federal jurisdiction. When organized, as +they often are, to crush out all healthy competition and to monopolize +the production or sale of an article of commerce and general necessity, +they are dangerous conspiracies against the public good, and should be +made the subject of prohibitory and even penal legislation. + +The subject of an international copyright has been frequently commended +to the attention of Congress by my predecessors. The enactment of such a +law would be eminently wise and just. + +Our naturalization laws should be so revised as to make the inquiry into +the moral character and good disposition toward our Government of the +persons applying for citizenship more thorough. This can only be done +by taking fuller control of the examination, by fixing the times for +hearing such applications, and by requiring the presence of some one who +shall represent the Government in the inquiry. Those who are the avowed +enemies of social order or who come to our shores to swell the injurious +influence and to extend the evil practices of any association that +defies our laws should not only be denied citizenship, but a domicile. + +The enactment of a national bankrupt law of a character to be a +permanent part of our general legislation is desirable. It should be +simple in its methods and inexpensive in its administration. + +The report of the Postmaster-General not only exhibits the operations +of the Department for the last fiscal year, but contains many valuable +suggestions for the improvement and extension of the service, which are +commended to your attention. No other branch of the Government has so +close a contact with the daily life of the people. Almost everyone uses +the service it offers, and every hour gained in the transmission of the +great commercial mails has an actual and possible value that only those +engaged in trade can understand. + +The saving of one day in the transmission of the mails between New York +and San Francisco, which has recently been accomplished, is an incident +worthy of mention. + +The plan suggested of a supervision of the post-offices in separate +districts that shall involve instruction and suggestion and a rating +of the efficiency of the postmasters would, I have no doubt, greatly +improve the service. + +A pressing necessity exists for the erection of a building for the joint +use of the Department and of the city post-office. The Department was +partially relieved by renting outside quarters for a part of its force, +but it is again overcrowded. The building used by the city office never +was fit for the purpose, and is now inadequate and unwholesome. + +The unsatisfactory condition of the law relating to the transmission +through the mails of lottery advertisements and remittances is clearly +stated by the Postmaster-General, and his suggestion as to amendments +should have your favorable consideration. + +The report of the Secretary of the Navy shows a reorganization of the +bureaus of the Department that will, I do not doubt, promote the +efficiency of each. + +In general, satisfactory progress has been made in the construction of +the new ships of war authorized by Congress. The first vessel of the new +Navy, the _Dolphin_, was subjected to very severe trial tests and to +very much adverse criticism; but it is gratifying to be able to state +that a cruise around the world, from which she has recently returned, +has demonstrated that she is a first-class vessel of her rate. + +The report of the Secretary shows that while the effective force of the +Navy is rapidly increasing by reason of the improved build and armament +of the new ships, the number of our ships fit for sea duty grows very +slowly. We had on the 4th of March last 37 serviceable ships, and though +4 have since been added to the list, the total has not been increased, +because in the meantime 4 have been lost or condemned. Twenty-six +additional vessels have been authorized and appropriated for; but it is +probable that when they are completed our list will only be increased to +42--a gain of 5. The old wooden-ships are disappearing almost as fast as +the new vessels are added. These facts carry their own argument. One of +the new ships may in fighting strength be equal to two of the old, but +it can not do the cruising duty of two. It is important, therefore, that +we should have a more rapid increase in the number of serviceable ships. +I concur in the recommendation of the Secretary that the construction of +8 armored ships, 3 gunboats, and 5 torpedo boats be authorized. + +An appalling calamity befell three of our naval vessels on duty at the +Samoan Islands, in the harbor of Apia, in March last, involving the +loss of 4 officers and 47 seamen, of two vessels, the _Trenton_ and the +_Vandalia_, and the disabling of a third, the _Nipsic_. Three vessels of +the German navy, also in the harbor, shared with our ships the force of +the hurricane and suffered even more heavily. While mourning the brave +officers and men who died facing with high resolve perils greater than +those of battle, it is most gratifying to state that the credit of the +American Navy for seamanship, courage, and generosity was magnificently +sustained in the storm-beaten harbor of Apia. + +The report of the Secretary of the Interior exhibits the transactions +of the Government with the Indian tribes. Substantial progress has been +made in the education of the children of school age and in the allotment +of lands to adult Indians. It is to be regretted that the policy of +breaking up the tribal relation and of dealing with the Indian as an +individual did not appear earlier in our legislation. Large reservations +held in common and the maintenance of the authority of the chiefs and +headmen have deprived the individual of every incentive to the exercise +of thrift, and the annuity has contributed an affirmative impulse toward +a state of confirmed pauperism. + +Our treaty stipulations should be observed with fidelity and our +legislation should be highly considerate of the best interests of +an ignorant and helpless people. The reservations are now generally +surrounded by white settlements. We can no longer push the Indian back +into the wilderness, and it remains only by every suitable agency to +push him upward into the estate of a self-supporting and responsible +citizen. For the adult the first step is to locate him upon a farm, +and for the child to place him in a school. + +School attendance should be promoted by every moral agency, and those +failing should be compelled. The national schools for Indians have been +very successful and should be multiplied, and as far as possible should +be so organized and conducted as to facilitate the transfer of the +schools to the States or Territories in which they are located when the +Indians in a neighborhood have accepted citizenship and have become +otherwise fitted for such a transfer. This condition of things will be +attained slowly, but it will be hastened by keeping it in mind; and in +the meantime that cooperation between the Government and the mission +schools which has wrought much good should be cordially and impartially +maintained. + +The last Congress enacted two distinct laws relating to negotiations +with the Sioux Indians of Dakota for a relinquishment of a portion of +their lands to the United States and for dividing the remainder into +separate reservations. Both were approved on the same day--March 2. +The one submitted to the Indians a specific proposition; the other +(section 3 of the Indian appropriation act) authorized the President +to appoint three commissioners to negotiate with these Indians for +the accomplishment of the same general purpose, and required that any +agreements made should be submitted to Congress for ratification. + +On the 16th day of April last I appointed Hon. Charles Foster, of Ohio, +Hon. William Warner, of Missouri, and Major-General George Crook, of the +United States Army, commissioners under the last-named law. They were, +however, authorized and directed first to submit to the Indians the +definite proposition made to them by the act first mentioned, and only +in the event of a failure to secure the assent of the requisite number +to that proposition to open negotiations for modified terms under the +other act. The work of the commission was prolonged and arduous, but the +assent of the requisite number was, it is understood, finally obtained +to the proposition made by Congress, though the report of the commission +has not yet been submitted. In view of these facts, I shall not, as at +present advised, deem it necessary to submit the agreement to Congress +for ratification, but it will in due course be submitted for +information. This agreement releases to the United States about +9,000,000 acres of land. + +The commission provided for by section 14 of the Indian appropriation +bill to negotiate with the Cherokee Indians and all other Indians owning +or claiming lands lying west of the ninety-sixth degree of longitude for +the cession to the United States of all such lands was constituted by +the appointment of Hon. Lucius Fairchild, of Wisconsin, Hon. John F. +Hartranft, of Pennsylvania, and Hon. Alfred M. Wilson, of Arkansas, +and organized on June 29 last. Their first conference with the +representatives of the Cherokees was held at Tahlequah July 29, with +no definite results. General John F. Hartranft, of Pennsylvania, was +prevented by ill health from taking part in the conference. His death, +which occurred recently, is justly and generally lamented by a people he +had served with conspicuous gallantry in war and with great fidelity in +peace. The vacancy thus created was filled by the appointment of Hon. +Warren G. Sayre, of Indiana. + +A second conference between the commission and the Cherokees was begun +November 6, but no results have yet been obtained, nor is it believed +that a conclusion can be immediately expected. The cattle syndicate now +occupying the lands for grazing purposes is clearly one of the agencies +responsible for the obstruction of our negotiations with the Cherokees. +The large body of agricultural lands constituting what is known as the +"Cherokee Outlet" ought not to be, and, indeed, can not long be, held +for grazing and for the advantage of a few against the public interests +and the best advantage of the Indians themselves. The United States +has now under the treaties certain rights in these lands. These will +not be used oppressively, but it can not be allowed that those who by +sufferance occupy these lands shall interpose to defeat the wise and +beneficent purposes of the Government. I can not but believe that the +advantageous character of the offer made by the United States to the +Cherokee Nation for a full release of these lands as compared with other +suggestions now made to them will yet obtain for it a favorable +consideration. + +Under the agreement made between the United States and the Muscogee (or +Creek) Nation of Indians on the 19th day of January, 1889, an absolute +title was secured by the United States to about 3,500,000 acres of land. +Section 12 of the general Indian appropriation act approved March 2, +1889, made provision for the purchase by the United States from the +Seminole tribe of a certain portion of their lands. The delegates of the +Seminole Nation, having first duly evidenced to me their power to act +in that behalf, delivered a proper release or conveyance to the United +States of all the lands mentioned in the act, which was accepted by +me and certified to be in compliance with the statute. + +By the terms of both the acts referred to all the lands so purchased +were declared to be a part of the public domain and open to settlement +under the homestead law. But of the lands embraced in these purchases, +being in the aggregate about 5,500,000 acres, 3,500,000 acres had +already, under the terms of the treaty of 1866, been acquired by the +United States for the purpose of settling other Indian tribes thereon +and had been appropriated to that purpose. The land remaining and +available for settlement consisted of 1,887,796 acres, surrounded on all +sides by lands in the occupancy of Indian tribes. Congress had provided +no civil government for the people who were to be invited by my +proclamation to settle upon these lands, except as the new court which +had been established at Muscogee or the United States courts in some of +the adjoining States had power to enforce the general laws of the United +States. + +In this condition of things I was quite reluctant to open the lands to +settlement; but in view of the fact that several thousand persons, many +of them with their families, had gathered upon the borders of the Indian +Territory with a view to securing homesteads on the ceded lands, and +that delay would involve them in much loss and suffering, I did on the +23d day of March last issue a proclamation[3] declaring that the lands +therein described would be open to settlement under the provisions of +the law on the 22d day of April following at 12 o'clock noon. Two land +districts had been established and the offices were opened for the +transaction of business when the appointed time arrived. + +It is much to the credit of the settlers that they very generally +observed the limitation as to the time when they might enter the +Territory. Care will be taken that those who entered in violation of the +law do not secure the advantage they unfairly sought. There was a good +deal of apprehension that the strife for locations would result in much +violence and bloodshed, but happily these anticipations were not +realized. It is estimated that there are now in the Territory about +60,000 people, and several considerable towns have sprung up, for which +temporary municipal governments have been organized. Guthrie is said to +have now a population of almost 8,000. Eleven schools and nine churches +have been established, and three daily and five weekly newspapers are +published in this city, whose charter and ordinances have only the +sanction of the voluntary acquiescence of the people from day to day. + +Oklahoma City has a population of about 5,000, and is proportionately as +well provided as Guthrie with churches, schools, and newspapers. Other +towns and villages having populations of from 100 to 1,000 are scattered +over the Territory. + +In order to secure the peace of this new community in the absence of +civil government, I directed General Merritt, commanding the Department +of the Missouri, to act in conjunction with the marshals of the United +States to preserve the peace, and upon their requisition to use the +troops to aid them in executing warrants and in quieting any riots or +breaches of the peace that might occur. He was further directed to use +his influence to promote good order and to avoid any conflicts between +or with the settlers. Believing that the introduction and sale of +liquors where no legal restraints or regulations existed would endanger +the public peace, and in view of the fact that such liquors must first +be introduced into the Indian reservations before reaching the white +settlements, I further directed the general commanding to enforce the +laws relating to the introduction of ardent spirits into the Indian +country. + +The presence of the troops has given a sense of security to the +well-disposed citizens and has tended to restrain the lawless. In one +instance the officer in immediate command of the troops went further +than I deemed justifiable in supporting the _de facto_ municipal +government of Guthrie, and he was so informed, and directed to limit the +interference of the military to the support of the marshals on the lines +indicated in the original order. I very urgently recommend that Congress +at once provide a Territorial government for these people. Serious +questions, which may at any time lead to violent outbreaks, are awaiting +the institution of courts for their peaceful adjustment. The American +genius for self-government has been well illustrated in Oklahoma; but it +is neither safe nor wise to leave these people longer to the expedients +which have temporarily served them. + +Provision should be made for the acquisition of title to town lots in +the towns now established in Alaska, for locating town sites, and for +the establishment of municipal governments. Only the mining laws have +been extended to that Territory, and no other form of title to lands can +now be obtained. The general land laws were framed with reference to the +disposition of agricultural lands, and it is doubtful if their operation +in Alaska would be beneficial. + +We have fortunately not extended to Alaska the mistaken policy of +establishing reservations for the Indian tribes, and can deal with them +from the beginning as individuals with, I am sure, better results; but +any disposition of the public lands and any regulations relating to +timber and to the fisheries should have a kindly regard to their +interests. Having no power to levy taxes, the people of Alaska are +wholly dependent upon the General Government, to whose revenues the +seal fisheries make a large annual contribution. An appropriation for +education should neither be overlooked nor stinted. + +The smallness of the population and the great distances between the +settlements offer serious obstacles to the establishment of the usual +Territorial form of government. Perhaps the organization of several +sub-districts with a small municipal council of limited powers for each +would be safe and useful. + +Attention is called in this connection to the suggestions of the +Secretary of the Treasury relating to the establishment of another port +of entry in Alaska and of other needed customs facilities and +regulations. + +In the administration of the land laws the policy of facilitating in +every proper way the adjustment of the honest claims of individual +settlers upon the public lands has been pursued. The number of pending +cases had during the preceding Administration been greatly increased +under the operation of orders for a time suspending final action in a +large part of the cases originating in the West and Northwest, and by +the subsequent use of unusual methods of examination. Only those who are +familiar with the conditions under which our agricultural lands have +been settled can appreciate the serious and often fatal consequences to +the settler of a policy that puts his title under suspicion or delays +the issuance of his patent. While care is taken to prevent and to expose +fraud, it should not be imputed without reason. + +The manifest purpose of the homestead and preemption laws was to promote +the settlement of the public domain by persons having a _bona fide_ +intent to make a home upon the selected lands. Where this intent is well +established and the requirements of the law have been substantially +complied with, the claimant is entitled to a prompt and friendly +consideration of his case; but where there is reason to believe that +the claimant is the mere agent of another who is seeking to evade a law +intended to promote small holdings and to secure by fraudulent methods +large tracts of timber and other lands, both principal and agent should +not only be thwarted in their fraudulent purpose, but should be made to +feel the full penalties of our criminal statutes. The laws should be so +administered as not to confound these two classes and to visit penalties +only upon the latter. + +The unsettled state of the titles to large bodies of lands in the +Territories of New Mexico and Arizona has greatly retarded the +development of those Territories. Provision should be made by law for +the prompt trial and final adjustment before a judicial tribunal or +commission of all claims based upon Mexican grants. It is not just to an +intelligent and enterprising people that their peace should be disturbed +and their prosperity retarded by these old contentions. I express the +hope that differences of opinion as to methods may yield to the urgency +of the case. + +The law now provides a pension for every soldier and sailor who was +mustered into the service of the United States during the Civil War and +is now suffering from wounds or disease having an origin in the service +and in the line of duty. Two of the three necessary facts, viz, muster +and disability, are usually susceptible of easy proof; but the third, +origin in the service, is often difficult and in many deserving cases +impossible to establish. That very many of those who endured the +hardships of our most bloody and arduous campaigns are now disabled from +diseases that had a real but not traceable origin in the service I do +not doubt. Besides these there is another class composed of men many of +whom served an enlistment of three full years and of reenlisted veterans +who added a fourth year of service, who escaped the casualties of battle +and the assaults of disease, who were always ready for any detail, who +were in every battle line of their command, and were mustered out in +sound health, and have since the close of the war, while fighting with +the same indomitable and independent spirit the contests of civil life, +been overcome by disease or casualty. + +I am not unaware that the pension roll already involves a very large +annual expenditure; neither am I deterred by that fact from recommending +that Congress grant a pension to such honorably discharged soldiers and +sailors of the Civil War as, having rendered substantial service during +the war, are now dependent upon their own labor for a maintenance and by +disease or casualty are incapacitated from earning it. Many of the men +who would be included in this form of relief are now dependent upon +public aid, and it does not, in my judgment, consist with the national +honor that they shall continue to subsist upon the local relief given +indiscriminately to paupers instead of upon the special and generous +provision of the nation they served so gallantly and unselfishly. Our +people will, I am sure, very generally approve such legislation. And I +am equally sure that the survivors of the Union Army and Navy will feel +a grateful sense of relief when this worthy and suffering class of their +comrades is fairly cared for. + +There are some manifest inequalities in the existing law that should be +remedied. To some of these the Secretary of the Interior has called +attention. + +It is gratifying to be able to state that by the adoption of new and +better methods in the War Department the calls of the Pension Office for +information as to the military and hospital records of pension claimants +are now promptly answered and the injurious and vexatious delays that +have heretofore occurred are entirely avoided. This will greatly +facilitate the adjustment of all pending claims. + +The advent of four new States--South Dakota, North Dakota, Montana, and +Washington--into the Union under the Constitution in the same month, +and the admission of their duly chosen representatives to our National +Congress at the same session, is an event as unexampled as it is +interesting. + +The certification of the votes cast and of the constitutions adopted in +each of the States was filed with me, as required by the eighth section +of the act of February 22, 1889, by the governors of said Territories, +respectively. Having after a careful examination found that the several +constitutions and governments were republican in form and not repugnant +to the Constitution of the United States, that all the provisions of the +act of Congress had been complied with, and that a majority of the votes +cast in each of said proposed States was in favor of the adoption of +the constitution submitted therein, I did so declare by a separate +proclamation as to each--as to North Dakota and South Dakota on +Saturday, November 2;[4] as to Montana on Friday, November 8,[5] and as +to Washington on Monday, November 11.[6] + +Each of these States has within it resources the development of which +will employ the energies of and yield a comfortable subsistence to a +great population. The smallest of these new States, Washington, stands +twelfth, and the largest, Montana, third, among the forty-two in area. +The people of these States are already well-trained, intelligent, and +patriotic American citizens, having common interests and sympathies with +those of the older States and a common purpose to defend the integrity +and uphold the honor of the nation. + +The attention of the Interstate Commerce Commission has been called to +the urgent need of Congressional legislation for the better protection +of the lives and limbs of those engaged in operating the great +interstate freight lines of the country, and especially of the yardmen +and brakemen. A petition signed by nearly 10,000 railway brakemen was +presented to the Commission asking that steps might be taken to bring +about the use of automatic brakes and couplers on freight cars. + +At a meeting of State railroad commissioners and their accredited +representatives held at Washington in March last upon the invitation of +the Interstate Commerce Commission a resolution was unanimously adopted +urging the Commission "to consider what can be done to prevent the loss +of life and limb in coupling and uncoupling freight cars and in handling +the brakes of such cars." During the year ending June 30, 1888, over +2,000 railroad employees were killed in service and more than 20,000 +injured. It is competent, I think, for Congress to require uniformity +in the construction of cars used in interstate commerce and the use of +improved safety appliances upon such trains. Time will be necessary to +make the needed changes, but an earnest and intelligent beginning should +be made at once. It is a reproach to our civilization that any class +of American workmen should in the pursuit of a necessary and useful +vocation be subjected to a peril of life and limb as great as that of +a soldier in time of war. + +The creation of an Executive Department to be known as the Department of +Agriculture by the act of February 9 last was a wise and timely response +to a request which had long been respectfully urged by the farmers of +the country; but much remains to be done to perfect the organization of +the Department so that it may fairly realize the expectations which +its creation excited. In this connection attention is called to the +suggestions contained in the report of the Secretary, which is herewith +submitted. The need of a law officer for the Department such as is +provided for the other Executive Departments is manifest. The failure of +the last Congress to make the usual provision for the publication of the +annual report should be promptly remedied. The public interest in the +report and its value to the farming community, I am sure, will not be +diminished under the new organization of the Department. + +I recommend that the weather service be separated from the War +Department and established as a bureau in the Department of Agriculture. +This will involve an entire reorganization both of the Weather Bureau +and of the Signal Corps, making of the first a purely civil organization +and of the other a purely military staff corps. The report of the Chief +Signal Officer shows that the work of the corps on its military side has +been deteriorating. + +The interests of the people of the District of Columbia should not be +lost sight of in the pressure for consideration of measures affecting +the whole country. Having no legislature of its own, either municipal +or general, its people must look to Congress for the regulation of all +those concerns that in the States are the subject of local control. Our +whole people have an interest that the national capital should be made +attractive and beautiful, and, above all, that its repute for social +order should be well maintained. The laws regulating the sale of +intoxicating drinks in the District should be revised with a view to +bringing the traffic under stringent limitations and control. + +In execution of the power conferred upon me by the act making +appropriations for the expenses of the District of Columbia for the +year ending June 30, 1890, I did on the 17th day of August last appoint +Rudolph Hering, of New York, Samuel M. Gray, of Rhode Island, and +Frederick P. Stearns, of Massachusetts, three eminent sanitary +engineers, to examine and report upon the system of sewerage existing in +the District of Columbia. Their report, which is not yet completed, will +be in due course submitted to Congress. + +The report of the Commissioners of the District is herewith transmitted, +and the attention of Congress is called to the suggestions contained +therein. + +The proposition to observe the four hundredth anniversary of the +discovery of America by the opening of a world's fair or exposition in +some one of our great cities will be presented for the consideration of +Congress. The value and interest of such an exposition may well claim +the promotion of the General Government. + +On the 4th of March last the Civil Service Commission had but a single +member. The vacancies were filled on the 9th day of May, and since then +the Commissioners have been industriously, though with an inadequate +force, engaged in executing the law. They were assured by me that a +cordial support would be given them in the faithful and impartial +enforcement of the statute and of the rules and regulations adopted +in aid of it. + +Heretofore the book of eligibles has been closed to everyone, except +as certifications were made upon the requisition of the appointing +officers. This secrecy was the source of much suspicion and of many +charges of favoritism in the administration of the law. What is secret +is always suspected; what is open can be judged. The Commission, with +the full approval of all its members, has now opened the list of +eligibles to the public. The eligible lists for the classified +post-offices and custom-houses are now publicly posted in the respective +offices, as are also the certifications for appointments. The purpose of +the civil-service law was absolutely to exclude any other consideration +in connection with appointments under it than that of merit as tested by +the examinations. The business proceeds upon the theory that both the +examining boards and the appointing officers are absolutely ignorant +as to the political views and associations of all persons on the +civil-service lists. It is not too much to say, however, that some +recent Congressional investigations have somewhat shaken public +confidence in the impartiality of the selections for appointment. + +The reform of the civil service will make no safe or satisfactory +advance until the present law and its equal administration are well +established in the confidence of the people. It will be my pleasure, +as it is my duty, to see that the law is executed with firmness and +impartiality. If some of its provisions have been fraudulently evaded +by appointing officers, our resentment should not suggest the repeal of +the law, but reform in its administration. We should have one view of +the matter, and hold it with a sincerity that is not affected by the +consideration that the party to which we belong is for the time in +power. + +My predecessor, on the 4th day of January, 1889, by an Executive order +to take effect March 15, brought the Railway Mail Service under the +operation of the civil-service law.[7] Provision was made that the order +should take effect sooner in any State where an eligible list was sooner +obtained. On the 11th day of March Mr. Lyman, then the only member of +the Commission, reported to me in writing that it would not be possible +to have the list of eligibles ready before May 1, and requested that the +taking effect of the order be postponed until that time, which was +done,[8] subject to the same provision contained in the original order +as to States in which an eligible list was sooner obtained. + +As a result of the revision of the rules, of the new classification, and +of the inclusion of the Railway Mail Service, the work of the Commission +has been greatly increased, and the present clerical force is found to +be inadequate. I recommend that the additional clerks asked by the +Commission be appropriated for. + +The duty of appointment is devolved by the Constitution or by the law, +and the appointing officers are properly held to a high responsibility +in its exercise. The growth of the country and the consequent increase +of the civil list have magnified this function of the Executive +disproportionally. It can not be denied, however, that the labor +connected with this necessary work is increased, often to the point of +actual distress, by the sudden and excessive demands that are made upon +an incoming Administration for removals and appointments. But, on the +other hand, it is not true that incumbency is a conclusive argument for +continuance in office. Impartiality, moderation, fidelity to public +duty, and a good attainment in the discharge of it must be added before +the argument is complete. When those holding administrative offices so +conduct themselves as to convince just political opponents that no party +consideration or bias affects in any way the discharge of their public +duties, we can more easily stay the demand for removals. + +I am satisfied that both in and out of the classified service great +benefit would accrue from the adoption of some system by which the +officer would receive the distinction and benefit that in all private +employments comes from exceptional faithfulness and efficiency in the +performance of duty. + +I have suggested to the heads of the Executive Departments that they +consider whether a record might not be kept in each bureau of all those +elements that are covered by the terms "faithfulness" and "efficiency," +and a rating made showing the relative merits of the clerks of each +class, this rating to be regarded as a test of merit in making +promotions. + +I have also suggested to the Postmaster-General that he adopt some plan +by which he can, upon the basis of the reports to the Department and of +frequent inspections, indicate the relative merit of postmasters of each +class. They will be appropriately indicated in the Official Register and +in the report of the Department. That a great stimulus would thus be +given to the whole service I do not doubt, and such a record would be +the best defense against inconsiderate removals from office. + +The interest of the General Government in the education of the +people found an early expression, not only in the thoughtful and +sometimes warning utterances of our ablest statesmen, but in liberal +appropriations from the common resources for the support of education +in the new States. No one will deny that it is of the gravest national +concern that those who hold the ultimate control of all public affairs +should have the necessary intelligence wisely to direct and determine +them. National aid to education has heretofore taken the form of land +grants, and in that form the constitutional power of Congress to promote +the education of the people is not seriously questioned. I do not think +it can be successfully questioned when the form is changed to that of a +direct grant of money from the public Treasury. + +Such aid should be, as it always has been, suggested by some exceptional +conditions. The sudden emancipation of the slaves of the South, the +bestowal of the suffrage which soon followed, and the impairment of the +ability of the States where these new citizens were chiefly found to +adequately provide educational facilities presented not only exceptional +but unexampled conditions. That the situation has been much ameliorated +there is no doubt. The ability and interest of the States have happily +increased. + +But a great work remains to be done, and I think the General +Government should lend its aid. As the suggestion of a national grant +in aid of education grows chiefly out of the condition and needs of +the emancipated slave and his descendants, the relief should as far +as possible, while necessarily proceeding upon some general lines, be +applied to the need that suggested it. It is essential, if much good is +to be accomplished, that the sympathy and active interest of the people +of the States should be enlisted, and that the methods adopted should +be such as to stimulate and not to supplant local taxation for school +purposes. + +As one Congress can not bind a succeeding one in such a case and as +the effort must in some degree be experimental, I recommend that any +appropriation made for this purpose be so limited in annual amount and +as to the time over which it is to extend as will on the one hand give +the local school authorities opportunity to make the best use of the +first year's allowance, and on the other deliver them from the +temptation to unduly postpone the assumption of the whole burden +themselves. + +The colored people did not intrude themselves upon us. They were brought +here in chains and held in the communities where they are now chiefly +found by a cruel slave code. Happily for both races, they are now free. +They have from a standpoint of ignorance and poverty--which was our +shame, not theirs--made remarkable advances in education and in the +acquisition of property. They have as a people shown themselves to +be friendly and faithful toward the white race under temptations of +tremendous strength. They have their representatives in the national +cemeteries, where a grateful Government has gathered the ashes of +those who died in its defense. They have furnished to our Regular Army +regiments that have won high praise from their commanding officers for +courage and soldierly qualities and for fidelity to the enlistment oath. +In civil life they are now the toilers of their communities, making +their full contribution to the widening streams of prosperity which +these communities are receiving. Their sudden withdrawal would stop +production and bring disorder into the household as well as the shop. +Generally they do not desire to quit their homes, and their employers +resent the interference of the emigration agents who seek to stimulate +such a desire. + +But notwithstanding all this, in many parts of our country where the +colored population is large the people of that race are by various +devices deprived of any effective exercise of their political rights and +of many of their civil rights. The wrong does not expend itself upon +those whose votes are suppressed. Every constituency in the Union is +wronged. + +It has been the hope of every patriot that a sense of justice and of +respect for the law would work a gradual cure of these flagrant evils. +Surely no one supposes that the present can be accepted as a permanent +condition. If it is said that these communities must work out this +problem for themselves, we have a right to ask whether they are at work +upon it. Do they suggest any solution? When and under what conditions is +the black man to have a free ballot? When is he in fact to have those +full civil rights which have so long been his in law? When is that +equality of influence which our form of government was intended to +secure to the electors to be restored? This generation should +courageously face these grave questions, and not leave them as a +heritage of woe to the next. The consultation should proceed with +candor, calmness, and great patience, upon the lines of justice and +humanity, not of prejudice and cruelty. No question in our country can +be at rest except upon the firm base of justice and of the law. + +I earnestly invoke the attention of Congress to the consideration of +such measures within its well-defined constitutional powers as will +secure to all our people a free exercise of the right of suffrage and +every other civil right under the Constitution and laws of the United +States. No evil, however deplorable, can justify the assumption either +on the part of the Executive or of Congress of powers not granted, but +both will be highly blamable if all the powers granted are not wisely +but firmly used to correct these evils. The power to take the whole +direction and control of the election of members of the House of +Representatives is clearly given to the General Government. A partial +and qualified supervision of these elections is now provided for by law, +and in my opinion this law may be so strengthened and extended as to +secure on the whole better results than can be attained by a law taking +all the processes of such election into Federal control. The colored man +should be protected in all of his relations to the Federal Government, +whether as litigant, juror, or witness in our courts, as an elector for +members of Congress, or as a peaceful traveler upon our interstate +railways. + +There is nothing more justly humiliating to the national pride and +nothing more hurtful to the national prosperity than the inferiority of +our merchant marine compared with that of other nations whose general +resources, wealth, and seacoast lines do not suggest any reason for +their supremacy on the sea. It was not always so, and our people are +agreed, I think, that it shall not continue to be so. It is not possible +in this communication to discuss the causes of the decay of our shipping +interests or the differing methods by which it is proposed to restore +them. The statement of a few well-authenticated facts and some general +suggestions as to legislation is all that is practicable. That the great +steamship lines sailing under the flags of England, France, Germany, +Spain, and Italy, and engaged in foreign commerce, were promoted and +have since been and now are liberally aided by grants of public money +in one form or another is generally known. That the American lines of +steamships have been abandoned by us to an unequal contest with the +aided lines of other nations until they have been withdrawn, or in +the few cases where they are still maintained are subject to serious +disadvantages, is matter of common knowledge. + +The present situation is such that travelers and merchandise find +Liverpool often a necessary intermediate port between New York and some +of the South American capitals. The fact that some of the delegates from +South American States to the conference of American nations now in +session at Washington reached our shores by reversing that line of +travel is very conclusive of the need of such a conference and very +suggestive as to the first and most necessary step in the direction of +fuller and more beneficial intercourse with nations that are now our +neighbors upon the lines of latitude, but not upon the lines of +established commercial intercourse. + +I recommend that such appropriations be made for ocean mail service in +American steamships between our ports and those of Central and South +America, China, Japan, and the important islands in both of the great +oceans as will be liberally remunerative for the service rendered and +as will encourage the establishment and in some fair degree equalize +the chances of American steamship lines in the competitions which they +must meet. That the American States lying south of us will cordially +cooperate in establishing and maintaining such lines of steamships to +their principal ports I do not doubt. + +We should also make provision for a naval reserve to consist of such +merchant ships of American construction and of a specified tonnage and +speed as the owners will consent to place at the use of the Government +in case of need as armed cruisers. England has adopted this policy, and +as a result can now upon necessity at once place upon her naval list +some of the fastest steamships in the world. A proper supervision of the +construction of such vessels would make their conversion into effective +ships of war very easy. + +I am an advocate of economy in our national expenditures, but it is +a misuse of terms to make this word describe a policy that withholds +an expenditure for the purpose of extending our foreign commerce. The +enlargement and improvement of our merchant marine, the development of +a sufficient body of trained American seamen, the promotion of rapid and +regular mail communication between the ports of other countries and our +own, and the adaptation of large and swift American merchant steamships +to naval uses in time of war are public purposes of the highest concern. +The enlarged participation of our people in the carrying trade, the new +and increased markets that will be opened for the products of our farms +and factories, and the fuller and better employment of our mechanics +which will result from a liberal promotion of our foreign commerce +insure the widest possible diffusion of benefit to all the States +and to all our people. Everything is most propitious for the present +inauguration of a liberal and progressive policy upon this subject, +and we should enter upon it with promptness and decision. + +The legislation which I have suggested, it is sincerely believed, +will promote the peace and honor of our country and the prosperity and +security of the people. I invoke the diligent and serious attention of +Congress to the consideration of these and such other measures as may +be presented having the same great end in view. + +BENJ. HARRISON. + +[Footnote 2: See pp. 14-15.] + +[Footnote 3: See pp. 15-18.] + +[Footnote 4: See pp. 20-24.] + +[Footnote 5: See pp. 24-25.] + +[Footnote 6: See pp. 25-26.] + +[Footnote 7: See Vol. VIII, pp. 847-851.] + +[Footnote 8: See p. 27.] + + + + +SPECIAL MESSAGES. + + +EXECUTIVE MANSION, _December 17, 1889_. + +_To the Senate and House of Representatives_: + +The act of Congress approved July 9, 1888, "for an international marine +conference to secure greater safety for life and property at sea," and +in virtue of which the present conference is now holding its sessions +at Washington, provides by the third section that the labors of the +conference shall terminate on the 1st day of January, 1890, or sooner, +by direction of the President. + +I transmit herewith a report from the Acting Secretary of State, +accompanied with a letter from Rear-Admiral S.R. Franklin, United States +Navy, president of the conference, stating that in all probability the +labors of the conference can not be brought to a close by the time fixed +by the present law. + +In consideration of the many important questions now under discussion by +the conference, which should if possible be satisfactorily determined +before the final adjournment, I earnestly recommend that a further act +be passed to enable the conference to continue its sessions for a period +of two months from January 1, 1890. + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _December 18, 1889_. + +_To the Senate and House of Representatives_: + +I transmit herewith a communication of 16th instant from the Secretary +of the Interior, submitting the report, with accompanying papers, of the +commission appointed under the provisions of the act of March 2, 1889 +(25 U.S. Statutes at Large, p. 1002), to conduct negotiations with the +Coeur d'Alene tribe of Indians for the purchase and release by said +tribe of such portions of its reservation not agricultural and valuable +chiefly for minerals and timber as such tribe shall consent to sell, +etc., together with the agreement entered into by said commission +September 9, 1889, with said Indians. + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _December 20, 1889_. + +_To the Senate and House of Representatives_: + +I transmit herewith a communication of the 16th instant from the +Secretary of the Interior, submitting a draft of a bill "to provide for +the reduction of the Round Valley Indian Reservation, in the State of +California, and for other purposes." I invite your attention to the +papers herein referred to, showing the necessity for the proposed +legislation, and ask that the bill herewith receive careful and early +consideration. + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _Washington, January 7, 1890_. + +_To the Senate and House of Representatives_: + +I herewith inclose a report from the Secretary of State, with +accompanying papers, in relation to the death of George Pauls, a German +subject, at Wilmington, N.C., May 8, 1886, and the claim of his widow +for compensation on that account. In view of the statements made by the +Secretary of State, I earnestly recommend that an appropriation of +$5,000 be made in behalf of Mrs. Pauls. + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _Washington, January 13, 1890_. + +_To the Senate and House of Representatives_: + +I transmit herewith a report of the Secretary of State of the 13th +instant, recommending that the necessary means be provided to erect +suitable buildings on the grounds so generously presented in the year +1884 to this Government for the use of its legation at Bangkok by His +Majesty the King of Siam. + +I commend the matter to the favorable consideration of Congress. + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _Washington, January 16, 1890_. + +_To the Senate and House of Representatives_: + +I transmit herewith a report from the Secretary of State, in relation +to the claim of the Government of Sweden and Norway, under the treaty +between the United States and that Government of July 4, 1827, for the +benefit of the lower rate of tonnage dues under the shipping acts of +1884 and 1886. + +I recommend the immediate adoption by Congress of the necessary +legislation to enable this Government to apply in the case of Sweden and +Norway the same rule in respect to the levying of tonnage dues under the +treaty of 1827 as was claimed and secured by this Government under the +same instrument in 1828. + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _January 20, 1890_. + +_To the Senate and House of Representatives_: + +I transmit herewith a letter of Professor T.C. Mendenhall, chairman of +a committee of the American Association for the Advancement of Science, +and president of that association, and also the memorial prepared by +said committee, relating to the preservation of the forests upon the +public domain. + +I very earnestly recommend that adequate legislation may be provided +to the end that the rapid and needless destruction of our great forest +areas may be prevented. + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _Washington, January 20, 1890_. + +_To the Senate and House of Representatives_: + +I transmit herewith a letter from the Secretary of War, relating to the +condition and needs of the band of Apache Indians now held at Mount +Vernon Barracks and at Governors Island. The reports of General Crook +and Lieutenant Howard, which accompany the letter of the Secretary, show +that some of these Indians have rendered good service to the Government +in the pursuit and capture of the murderous band that followed Natchez +and Geronimo. It is a reproach that they should not in our treatment of +them be distinguished from the cruel and bloody members of the tribe now +confined with them. + +I earnestly recommend that provision be made by law for locating these +Indians upon lands in the Indian Territory. + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _Washington, January 27, 1890_. + +_To the Senate of the United States_: + +I transmit, in reply to the resolution of the Senate of the 8th instant, +a report from the Secretary of State, with accompanying documents, in +relation to the execution of the acts of Congress approved May 6, 1882, +and October 1, 1888, concerning Chinese. + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _February 10, 1890_. + +_To the Senate and House of Representatives_: + +In pursuance of the power vested in me by the terms of the last clause +of section 3 of the act of Congress approved March 2, 1889, entitled +"An act making appropriations for the current and contingent expenses +of the Indian Department and for fulfilling treaty stipulations with +various Indian tribes for the year ending June 30, 1890, and for other +purposes," a commission, as therein authorized, was appointed, +consisting of Charles Foster, of Ohio, William Warner, of Missouri, and +General George Crook, of the United States Army. This commission was +specially instructed to present to the Sioux Indians occupying the Great +Sioux Reservation, for their acceptance thereof and consent thereto in +manner and form as therein provided, the act of Congress approved March +2, 1889, entitled "An act to divide a portion of the reservation of the +Sioux Nation of Indians in Dakota into separate reservations and to +secure the relinquishment of the Indian title to the remainder, and for +other purposes." + +The report of the commission was submitted to me on the 24th day of +December, 1889, and is, with the accompanying documents and a letter of +the Secretary of the Interior, herewith transmitted for the information +of Congress. It appears from the report of the commission that the +consent of more than three-fourths of the adult Indians to the terms of +the act last named was secured, as required by section 12 of the treaty +of 1868, and upon a careful examination of the papers submitted I find +such to be the fact, and that such consent is properly evidenced by the +signatures of more than three-fourths of such Indians. + +At the outset of the negotiations the commission was confronted by +certain questions as to the interpretation and effect of the act of +Congress which they were presenting for the acceptance of the Indians. +Upon two or three points of some importance the commission gave in +response to these inquiries an interpretation to the law, and it was +the law thus explained to them that was accepted by the Indians. The +commissioners had no power to bind Congress or the Executive by their +construction of a statute, but they were the agents of the United +States, first, to submit a definite proposition for the acceptance +of the Indians, and, that failing, to agree upon modified terms to +be submitted to Congress for ratification. They were dealing with an +ignorant and suspicious people, and an explanation of the terms and +effect of the offer submitted could not be avoided. Good faith demands +that if the United States accepts the lands ceded the beneficial +construction of the act given by our agents should be also admitted +and observed. + +The chief difficulty in the construction of the act grows out of its +relation to prior treaties, which were by section 19 continued in +force so far as they are not in conflict with the terms of the act. +The seventh article of the treaty of 1868, relating to schools and +schoolhouses, is by section 17 of the act continued in force for twenty +years, "subject to such modifications as Congress shall deem most +effective to secure to said Indians equivalent benefits of such +education." + +Section 7 of the treaty of 1868 provides only for instruction in the +"elementary branches of an English education," while section 17 of the +act, after continuing this section of the treaty in force, provides a +fund which is to be applied "for the promotion of industrial and other +suitable education among said Indians." Again, section 7 of the treaty +provides for the erection of a schoolhouse for every thirty children who +can be induced to attend, while section 20 of the act requires the +erection of not less than thirty schoolhouses, and more if found +necessary. + +The commissioners were asked by the Indians whether the cost of the +English schools provided for in section 7 of the treaty and of the +schoolhouses provided for in the same section and in section 20 of the +act would be a charge against the proceeds of the lands they were now +asked to cede to the United States. This question was answered in the +negative, and I think the answer was correct. If the act, without +reference to section 7 of the treaty, is to be construed to express +the whole duty of the Government toward the Indians in the matter of +schools, the extension for twenty years of the provisions of that +section is without meaning. + +The assurance given by the commissioners that the money appropriated by +section 27 of the act to pay certain bands for the ponies taken by the +military authorities in 1876 would not be a charge against the proceeds +of the ceded lands was obviously a correct interpretation of the law. + +The Indians were further assured by the commissioners that the amount +appropriated for the expenses of the commission could not under the law +be made a charge upon the proceeds of their lands. This, I think, is a +correct exposition of the act. + +It seems from the report of the commission that some of the Indians at +the Standing Rock Agency asked whether if they accepted the act they +could have the election to take their allotments under section 6 of the +treaty of 1868 and have the benefits of sections 8 and 10 of that +treaty, and were told that they could. + +As the treaty is continued in force except where it contravenes the +provisions of the act, I do not see any difficulty in admitting this +interpretation. + +It will be found that the commission has submitted many recommendations, +some of them involving legislation and others appealing to powers +already possessed by the executive department. The consent of the +Indians to the act was not made dependent upon the adoption of any of +these recommendations, but many of them are obviously just and promotive +of the true interests of the Indians. So far as these require +legislation they are earnestly commended to the attention of Congress. + +The Secretary of the Interior has prepared and submits with his letter +transmitting the report of the commission the draft of a bill embodying +those recommendations of the commission requiring legislation. + +The appropriations necessary to carry into effect the provisions of the +act should be promptly made and be immediately available. + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _Washington, February 12, 1890_. + +_To the Senate and House of Representatives_: + +I transmit herewith a report from the Secretary of State, respecting the +International Marine Conference which was held in the city of Washington +in the year 1889, together with a copy of the proceedings of the +conference, including the final act. + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _February 17, 1890_. + +_To the Senate and House of Representatives_: + +I transmit herewith a communication of the 11th instant from the +Secretary of the Interior, submitting a copy of a report from the +Commissioner of Indian Affairs and accompanying draft of a bill to amend +the first section of an act entitled "An act to provide for the +allotment of lands in severalty to Indians on the various reservations, +and to extend the protection of the laws of the United States and the +Territories over the Indians, and for other purposes," approved February +8, 1887. + +The matter is presented for the consideration and action of Congress. + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _February 18, 1890_. + +_To the Senate and House of Representatives_: + +I transmit herewith a communication of the 8th instant from the +Secretary of the Interior, submitting a report of the Commissioner of +Indian Affairs and accompanying agreement, made with the Sisseton and +Wahpeton bands of Dakota or Sioux Indians, for the purchase and release +of the surplus lands in the Lake Traverse Indian Reservation, in the +States of North and South Dakota, the negotiations for said purchase and +release having been conducted under the authority contained in the fifth +section of the general allotment act of February 8, 1887 (24 U.S. +Statutes at Large, p. 388), which provides, among other things, that the +"purchase shall not be complete until ratified by Congress, and the form +and manner of executing such release shall also be prescribed by +Congress." + +This agreement involves a departure from the terms of the general +allotment act in at least one important particular. It gives to each +member of the tribe 160 acres of land without regard to age or sex, +while the general law gives this allotment only to heads of families. +There are, I think, serious objections to the basis adopted in the +general law, especially in its application to married women; but if the +basis of the agreement herewith submitted is accepted, it would, I +think, result in some cases, where there are large families of minor +children, in excessive allotments to a single family. Whatever is done +in this case will of course become in some sense a precedent in the +cases yet to be dealt with. + +Perhaps the question of the payment by the United States of the +annuities which were forfeited by the act of February 16, 1863 +(12 U.S. Statutes at Large, p. 652), should not have been considered in +connection with this negotiation for the cession of these lands. But it +appears that a refusal to consider this claim would have terminated the +negotiation, and if the claim is just its allowance has already been +too long delayed. The forfeiture declared by the act of 1863 unjustly +included the annuities of certain Indians of these bands who were not +only guilty of no fault, but who rendered meritorious services in the +armies of the United States in the suppression of the Sioux outbreak +and in the War of the Rebellion. + +The agreement submitted, as I understand, provides for the payment of +the annuities justly due to these friendly Indians to all the members +of the two bands per capita. This is said to be the unanimous wish of +the Indians, and a distribution to the friendly Indians and their +descendants only would now be very difficult, if not impossible. + +The agreement is respectfully submitted for the consideration of +Congress. + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _February 24, 1890_. + +_To the Senate and House of Representatives_: + +I transmit herewith a communication of 18th instant from the Secretary +of the Interior, submitting copy of a report from the Commissioner of +Indian Affairs, inclosing, with accompanying papers, a draft of a bill +authorizing the removal of the Indians of the Papago or Gila Bend +Reservation, in Maricopa County, Arizona Territory, to the Papago Indian +Reservation, in Pima County, in said Territory, or to the Pima and +Maricopa Indian reservations, commonly known as the Gila River and Salt +River Indian reservations, respectively, in said Territory, and for +other purposes. + +The matter is presented for the early consideration and action of +Congress. + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _February 24, 1890_. + +_To the Senate and House of Representatives_: + +I transmit herewith a communication of the 18th instant from the +Secretary of the Interior, submitting a copy of a report of the +Commissioner of Indian Affairs and accompanying item for insertion in +the bill making appropriations for the current and contingent expenses +of the Indian Department, which makes provision for further compensation +of Henry B. Carrington, special agent appointed under the act of March +2, 1889, "to provide for the sale of lands patented to certain members +of the Flathead band of Indians in Montana Territory, and for other +purposes," to secure the consent of the Indians thereto and appraise +the lands and improvements thereof; for an appropriation to remove the +Indians whose lands have been sold to the Jocko Reservation, and for +additional legislation considered necessary to complete this matter, +as suggested by the Commissioner of Indian Affairs. + +I also transmit a copy of the report of Special Agent Carrington and its +inclosures. + +The matter is presented for the early consideration of Congress. + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _March 4, 1890_. + +_To the Senate and House of Representatives_: + +In pursuance of the authority and direction contained in the act of +Congress approved January 14, 1889, entitled "An act for the relief and +civilization of the Chippewa Indians in the State of Minnesota," three +commissioners were appointed by the President on February 26, 1889, as +therein authorized and directed, namely, Henry M. Rice, of Minnesota, +Martin Marty, of Dakota, and Joseph B. Whiting, of Wisconsin, to +negotiate with said Indians. + +The commissioners have submitted their final report, with accompanying +papers, showing the results of the negotiations conducted by them, and +the same has been carefully reviewed by the Secretary of the Interior in +his report to me thereon. + +Being satisfied from an examination of the papers submitted that the +cession and relinquishment by said Chippewa Indians of their title and +interest in the lands specified and described in the agreement with the +different bands or tribes of Chippewa Indians in the State of Minnesota +was obtained in the manner prescribed in the first section of said act, +and that more than the requisite number have signed said agreement, I +have, as provided by said act, approved the said instruments in writing +constituting the agreement entered into by the commissioners with said +Indians. + +The commissioners did not escape the embarrassment which unfortunately +too often attends our negotiations with the Indians, namely, an +indisposition to treat with the Government for further concessions while +its obligations incurred under former agreements are unkept. I am sure +it will be the disposition of Congress to consider promptly and in a +just and friendly spirit the claims presented by these Indians through +our commissioners, which have been formulated in the draft of a bill +prepared by the Secretary of the Interior and submitted herewith. + +The act of January 14, 1889 (25 U.S. Statutes at Large, p. 642), +evidently contemplated the voluntary removal of the body of all these +bands of Indians to the White Earth and Red Lake reservations; but a +proviso in section 3 of the act authorized any Indian to take his +allotment upon the reservation where he now resides. The commissioners +report that quite a general desire was expressed by the Indians to avail +themselves of this option. The result of this is that the ceded land can +not be ascertained and brought to sale under the act until all of the +allotments are made. + +I recommend that the necessary appropriations to complete the surveys +and allotments be made at once available, so that the work may be begun +and completed at the earliest possible day. + +A copy of the report made by the commissioners, with copies of all the +papers submitted therewith, except the census rolls, is herewith +presented for the information of the Congress. + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _March 24, 1890_. + +_To the House of Representatives_: + +In answer to the resolution of the House of Representatives of the 8th +instant, in relation to the employment by the Regular Army of the United +States of Indian scouts for the purpose of pursuing hostile Indians in +their raids in the territory of the United States and Mexico, and in +regard to the proposed transfer of the Apache Chiricahua Indians from +Mount Vernon Barracks, Ala., to Fort Sill, Ind. T., I transmit herewith +a communication from the Secretary of State on the subject, together +with the accompanying papers. + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _March 29, 1890_. + +_To the Senate of the United States_: + +In compliance with the resolution of the Senate of the 28th instant, +the House of Representatives concurring, I return herewith the bill +(S. 1332) entitled "An act granting to the city of Colorado Springs, +in the State of Colorado, certain lands therein described for water +reservoirs." + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _Washington, March 31, 1890_. + +_To the Senate and House of Representatives_: + +I herewith transmit a report from the Secretary of State, in relation +to the discriminating duty now imposed upon foreign works of art, +and recommend that action thereon looking to the removal of the +discrimination be taken by Congress during its present session, if +practicable. + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _Washington, April 15, 1890_. + +_To the House of Representatives_: + +I herewith transmit, in reply to the resolution of the House of +Representatives of the 3d instant, a report from the Secretary of State, +accompanied by certain correspondence in regard to the seizure of the +schooner _Rebecca_ by the Mexican customs authorities at Tampico in +February, 1884. + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _Washington, April 18, 1890_. + +_To the Senate and House of Representatives_: + +I transmit herewith the fifth annual report of the Commissioner of Labor. + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _April 18, 1890_. + +_To the House of Representatives_: + +In compliance with the resolution of the House of Representatives, the +Senate concurring, I return herewith House bill No. 5179, entitled "An +act fixing the rate of interest to be charged on arrearages of general +and special taxes now due the District of Columbia if paid within a +specified time." + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _April 21, 1890_. + +_To the Senate and House of Representatives_: + +In compliance with a resolution of the House of Representatives, the +Senate concurring, I return herewith House bill No. 105, entitled +"An act in relation to immediate transportation of dutiable goods, +amendatory of the act of July 10, 1880." + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _Washington, April 21, 1890_. + +_To the Senate of the United States_: + +In answer to the resolution of the Senate dated March 25 last, in +relation to La Abra Silver Mining Company and the distribution or +payment of moneys to that corporation on account of the award in its +favor by the Mexican Government, I transmit herewith a report from the +Secretary of State upon the subject, together with the accompanying +papers. + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _April 30, 1890_. + +_To the Senate of the United States_: + +In compliance with a resolution of the Senate, the House of +Representatives concurring, I return herewith Senate bill 895, entitled +"An act to organize the Territory of Oklahoma, to establish courts in +the Indian Territory, and for other purposes." + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _May 8, 1890_. + +_To the House of Representatives_: + +In answer to the resolution of the House of Representatives of March 31, +1890, respecting the importation into foreign countries of breadstuffs +and provisions from the United States and the rates of duty imposed upon +such articles, I transmit herewith a report from the Secretary of State +on the subject, together with the accompanying papers. + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _May 13, 1890_. + +_To the Senate and House of Representatives_: + +I transmit herewith a communication of the 10th instant from the +Secretary of the Interior, and the accompanying copies of +correspondence, relative to the condition of the Northern Cheyenne +Indians at the Pine Ridge Agency, S. Dak. + +The desire of these Indians to be united upon some common reservation +with their brethren now occupying the Tongue River Reserve, in Montana, +is quite natural, and such an arrangement would, I think, promote the +best interests of both of these bands. + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _May 17, 1890_. + +_To the Senate of the United States_: + +In compliance with a resolution of the Senate of this date, I return +herewith the bill (S. 903) entitled "An act for the erection of a public +building in Cedar Rapids, Iowa." + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _May 19, 1890_. + +_To the Senate and House of Representatives_: + +I inclose herewith a draft of a bill submitted by the Secretary of the +Interior, providing for the survey and disposal of a tract of land +situated in the city of Monterey, Cal., known as the "Cuartel" lot. + +The lot referred to is one of the tracts excluded from the survey of the +Pueblo lands of Monterey, Cal., by the decision of Acting Secretary of +the Interior Muldrow of October 4, 1887 (6 Land Decisions, p. 179), on +the ground that it was in a state of reservation for national purposes. + +A communication from the Secretary of War to the Secretary of the +Interior, copy herewith, states that this lot has been occupied at +intervals by the War Department for military purposes, but as it is not +within the limits of any declared military reservation the act of July +5, 1884 (23 U.S. Statutes at Large, p. 103), providing for a transfer +to the Interior Department of abandoned military reservations, does not +apply. + +The lot is no longer required for military purposes, and a willingness +is expressed by the War Department that the Department of the Interior +should assume control of it. A copy of the tracing, with notes, is +inclosed, showing an approximate survey and describing the situation +of the lot. + +I also inclose a copy of a report of the Commissioner of the General +Land Office to the Secretary of the Interior, setting forth that under +the decision of Mr. Muldrow the tract of land known as the "Cuartel" +lot belongs to the United States by conquest and by treaty, and is in a +state of reservation for national purposes, and respectfully submitting +that Congress may continue its status as fixed by said decision or enact +appropriate laws providing for its disposition as public land. + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _May 19, 1890_. + +_To the Senate and House of Representatives_: + +I transmit herewith a report of the International American Conference, +recently in session at this capital, recommending the survey of a route +for an intercontinental line of railroad to connect the systems of North +America with those of the southern continent, and to be conducted under +the direction of a board of commissioners representing the several +American Republics. + +Public attention has chiefly been attracted to the subject of improved +water communication between the ports of the United States and those of +Central and South America. The creation of new and improved steamship +lines undoubtedly furnishes the readiest means of developing an +increased trade with the Latin-American nations. But it should not be +forgotten that it is possible to travel by land from Washington to the +southernmost capital of South America, and that the opening of railroad +communication with these friendly States will give to them and to us +facilities for intercourse and the exchanges of trade that are of +special value. + +The work contemplated is vast, but entirely practicable. It will be +interesting to all, and perhaps surprising to most of us, to notice how +much has already been done in the way of railroad construction in Mexico +and South America that can be utilized as part of an intercontinental +line. + +I do not hesitate to recommend that Congress make the very moderate +appropriation for surveys suggested by the conference and authorize the +appointment of commissioners and the detail of engineer officers to +direct and conduct the necessary preliminary surveys. + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _May 21, 1890_. + +_To the Senate and House of Representatives_: + +I transmit herewith a communication of the 20th instant from the +Secretary of the Interior and accompanying correspondence in the matter +of the request of the Seminole Nation of Indians for negotiations with +the Creek Nation of Indians for the purchase of an additional quantity +of land, being about 25,000 acres, for the use of the Seminoles. The +request is based upon the fact that former purchases do not embrace all +of the lands upon which the Seminole Indians have made improvements, and +which by the corrected survey were given to the Creeks. The money to be +paid for these lands is to be reimbursed to the Government by the +Seminoles. + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _May 26, 1890_. + +_To the House of Representatives_: + +In compliance with the resolutions of the House of Representatives of +the 23d instant, the Senate concurring, I return herewith the bills +H.R. Nos. 380 and 2007, entitled, respectively, "An act to amend an act +entitled 'An act to authorize the Cairo and Tennessee River Railroad +Company to construct bridges across the Tennessee and Cumberland +rivers,' approved January 8, 1889," and "An act granting a pension to +the widow of Adam Shrake." + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _May 27, 1890_. + +_To the Senate and House of Representatives_: + +I transmit herewith a letter from the Secretary of State, inclosing +a report adopted by the International American Conference, recently +in session at this capital, recommending the establishment of an +international American bank, with its principal offices in the city of +New York and branches in the commercial centers of the several other +American Republics. + +The advantages of such an institution to the merchants of the United +States engaged in trade with Central and South America and the purposes +intended to be accomplished are fully set forth in the letter of the +Secretary of State and the accompanying report. It is not proposed to +involve the United States in any financial responsibility, but only to +give to the proposed bank a corporate franchise, and to promote public +confidence by requiring that its condition and transactions shall be +submitted to a scrutiny similar to that which is now exercised over our +domestic banking system. + +The subject is submitted for the consideration of Congress in the belief +that it will be found possible to promote the end desired by legislation +so guarded as to avoid all just criticism. + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _May 28, 1890_. + +_To the Senate and House of Representatives_: + +I transmit herewith a communication of the 26th instant from the +Secretary of the Interior, and accompanying item of appropriation, to +enable the President to continue the negotiations authorized by sections +14 and 15 of the Indian appropriation act approved March 2, 1889, with +the Cherokee Indians and with all other Indians owning or claiming lands +west of the ninety-sixth degree of longitude in the Indian Territory, +for the cession to the United States of all their title, claim, or +interest of every kind or character in and to said lands, etc. + +The matter is presented for the favorable action of Congress. + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _June 2, 1890_. + +_To the House of Representatives_: + +In compliance with a resolution of the House of Representatives of the +29th ultimo, the Senate concurring, I return herewith the bill (H.R. +7345) entitled "An act authorizing and directing the Secretary of War +to establish new harbor lines in Portage Lake, Houghton County, Mich." + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _June 2, 1890_. + +_To the Senate and House of Representatives_: + +The International American Conference, recently in session at this +capital, recommended for adoption by the several American Republics-- + +1. A uniform system of customs regulations for the classification and +valuation of imported merchandise; + +2. A uniform nomenclature for the description of articles of merchandise +imported and exported; and + +3. The establishment at Washington of an international bureau of +information. + +The conference also at its final session decided to establish +in the city of Washington, as a fitting memorial of its meeting, a +Latin-American library, to be formed by contributions from the several +nations, of historical, geographical, and literary works, maps, +manuscripts, and official documents relating to the history and +civilization of America, and expressed a desire that the Government of +the United States should provide a suitable building for the shelter +of such a library, to be solemnly dedicated upon the four hundredth +anniversary of the discovery of America. + +The importance of these suggestions is fully set forth in the letter +of the Secretary of State and the accompanying documents, herewith +transmitted, to which I invite your attention. + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _June 6, 1890_. + +_To the Senate of the United States_: + +In response to the resolution of the Senate of the 26th of May, +requesting me to "communicate to the Senate such information as may +be in possession of the executive department relating to the alleged +landing of an armed force from the United States revenue cutter _McLane_ +at Cedar Keys, Fla., and the alleged entry of houses of citizens by +force, and their alleged pursuit of citizens of the United States in +the surrounding country, and the authority under which the commanding +officer of the cutter acted in any such matter," I submit for the +information of the Senate the accompanying correspondence, which +contains all the information possessed by the executive department +relating to the matters inquired about. + +It will be observed that the United States collector of customs at +Cedar Keys had been driven from his office and from the town and the +administration of the customs laws of the United States at that port +suspended by the violent demonstrations and threats of one Cottrell, the +mayor of the place, assisted by his town marshal, Mitchell. If it had +been necessary, as I do not think it can be in any case, for a United +States officer to appeal to the local authorities for immunity from +violence in the exercise of his duties, the situation at Cedar Keys did +not suggest or encourage such an appeal, for those to whom the appeal +would have been addressed were themselves the lawless instruments of +the threatened violence. It will always be agreeable to me if the local +authorities, acting upon their own sense of duty, maintain the public +order in such a way that the officers of the United States shall have +no occasion to appeal for the intervention of the General Government; +but when this is not done I shall deem it my duty to use the adequate +powers vested in the Executive to make it safe and feasible to hold and +exercise the offices established by the Federal Constitution and laws. + +The means used in this case were, in my opinion, lawful and necessary, +and the officers do not seem to have intruded upon any private right in +executing the warrants placed in their hands. The letter dated August 4 +last, which appears in the correspondence submitted, appealing to me +to intervene for the protection of the citizens of Cedar Keys from the +brutal violence of Cottrell, it will be noticed, was written before the +appointment of the new collector. That the officers of the law should +not have the full sympathy of every good citizen in their efforts to +bring these men to merited punishment is matter of surprise and regret. +It is a very grim commentary upon the condition of social order at Cedar +Keys that only a woman, who had, as she says in her letter, no son or +husband who could be made the victim of his malice, had the courage to +file charges against this man, who was then holding a subordinate place +in the customs service. + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _June 6, 1890_. + +_To the Senate of the United States_: + +In compliance with a resolution of the Senate of the 5th instant, +the House of Representatives concurring, I return herewith the bill +(S. 1293) entitled "An act for the relief of Charles F. Bowers." + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _June 16, 1890_. + +_To the Senate and House of Representatives_: + +I transmit herewith, for the information of Congress with a view to +securing such legislation as may be appropriate, a communication from +the Secretary of the Interior, relating to the destruction by fires, +carelessly kindled or left, of the timber upon the public lands. + +If proper penalties were imposed by law and a few convictions thereunder +secured, I do not doubt that much waste of our forests would be +prevented. + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _June 18, 1890_. + +_To the Senate of the United States_: + +In response to the resolution of the Senate of the 16th instant, +relating to the negotiations by the Cherokee Commission for the purchase +of certain lands in the Indian Territory, I respectfully state that on +the 20th day of May and the 12th day of June, respectively, agreements +were Signed by the Iowa and the Sac and Fox tribes ceding to the United +States certain of their lands. The contracts and accompanying papers +were received at the Interior Department on the 2d and 17th days of +June, respectively, and are now under examination by the proper officers +of that Department. When these examinations are concluded, the papers +will, if found to be complete and conformable to law, be submitted to +Congress. + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _June 19, 1890_. + +_To the Senate and House of Representatives_: + +I transmit herewith, for your information, a letter from the Secretary +of State, inclosing a report of the International American Conference, +which recommends that reciprocal commercial treaties be entered into +between the United States and the several other Republics of this +hemisphere. + +It has been so often and so persistently stated that our tariff laws +offered an insurmountable barrier to a large exchange of products +with the Latin-American nations that I deem it proper to call especial +attention to the fact that more than 87 per cent of the products of +those nations sent to our ports are now admitted free. If sugar is +placed upon the free list, practically every important article exported +from those States will be given untaxed access to our markets, except +wool. The real difficulty in the way of negotiating profitable +reciprocity treaties is that we have given freely so much that would +have had value in the mutual concessions which such treaties imply. +I can not doubt, however, that the present advantages which the products +of these near and friendly States enjoy in our markets, though they are +not by law exclusive, will, with other considerations, favorably dispose +them to adopt such measures, by treaty or otherwise, as will tend to +equalize and greatly enlarge our mutual exchanges. + +It will certainly be time enough for us to consider whether we must +cheapen the cost of production by cheapening labor in order to gain +access to the South American markets when we have fairly tried the +effect of established and reliable steam communication and of convenient +methods of money exchanges. There can be no doubt, I think, that with +these facilities well established and with a rebate of duties upon +imported raw materials used in the manufacture of goods for export our +merchants will be able to compete in the ports of the Latin-American +nations with those of any other country. + +If after the Congress shall have acted upon pending tariff legislation +it shall appear that under the general treaty-making power, or under any +special powers given by law, our trade with the States represented in +the conference can be enlarged upon a basis of mutual advantage, it will +be promptly done. + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _June 24, 1890_. + +_To the House of Representatives_: + +In compliance with a resolution of the House of Representatives of +the 23d instant, the Senate concurring, I return herewith the bill +(H.R. 5702) "granting a pension to Ann Bryan." + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _June 25, 1890_. + +_To the Senate of the United States_: + +In compliance with a resolution of the Senate of the 23d instant, the +House of Representatives concurring, I return herewith the bill (S. 145) +"for the relief of the legal representatives of Henry S. French." + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _July 1, 1890_. + +_To the Senate and House of Representatives_: + +In my annual message I called attention to the urgent need of +legislation for the adjustment of the claims under Mexican grants to +lands in Arizona and New Mexico. + +I now submit a correspondence which has passed between the Department +of State and the Mexican Government concerning the rights of certain +Mexican citizens to have their claims to lands ceded to the United +States by the treaty adjusted and confirmed. I also submit a letter from +the Secretary of the Interior, with accompanying papers, showing the +number and extent of these claims and their present condition. + +The United States owes a duty to Mexico to confirm to her citizens those +valid grants that were saved by the treaty, and the long delay which has +attended the discharge of this duty has given just cause of complaint. + +The entire community where these large claims exist, and, indeed, +all of our people, are interested in an early and final settlement of +them. No greater incubus can rest upon the energies of a people in the +development of a new country than that resulting from unsettled land +titles. + +The necessity for legislation is so evident and so urgent that I venture +to express the hope that relief will be given at the present session of +Congress. + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _July 2, 1890_. + +_To the Senate and House of Representatives_: + +In compliance with the provisions of section 14 of the act of March 2, +1889, I transmit herewith, for the consideration of Congress, an +agreement concluded between the commissioners appointed under that +section on behalf of the United States, commonly known as the Cherokee +Commission, and the Sac and Fox Nation of Indians in the Indian +Territory on the 12th day of June last. + +The Sac and Fox Nation have a national council, and the negotiation was +conducted with that body, which undoubtedly had competent authority to +contract on behalf of the tribe for the sale of these lands. The letter +of the Secretary of the Interior and the accompanying papers, which are +submitted herewith, furnish all the information necessary to the +consideration of the questions to be determined by Congress. + +The only serious question presented is as to that article of the +agreement which limits the distribution of the funds to be paid by the +United States under it to the Sac and Fox Indians now in the Indian +Territory. I very gravely doubt whether the remnant or band of this +tribe now living in Iowa has any interest in these lands in the Indian +Territory. The reservation there was apparently given in consideration +of improvements upon the lands of the tribe in Kansas. The band now +resident in Iowa upon lands purchased by their own means, as I am +advised, left the Kansas reservation many years before the date of this +treaty, and it would seem could have had no equitable interest in the +improvements on the Kansas lands, which must have been the result of the +labors of that portion of the tribe living upon them. The right of the +Iowa band to a participation in the proceeds of the sale of the Kansas +reservation was explicitly reserved in the treaty; but it seems to me +upon a somewhat hasty examination of the treaty that the reservation +in the Indian Territory was intended only for the benefit of those who +should go there to reside. The Secretary of the Interior has expressed a +somewhat different view of the effect of this treaty; but if the facts +are, as I understand, that the Iowa band did not contribute to the +improvements which were the consideration for the reservation and did +not accept the invitation to settle upon the reservation lands in the +Indian Territory, I do not well see how they have either an equitable or +legal claim to participate in the proceeds of the sale of those lands. + +The whole matter is submitted for the consideration of Congress. + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _Washington, July 2, 1890_. + +_To the Senate and House of Representatives_: + +I transmit herewith a letter from the Secretary of State, inclosing +the recommendations of the International American Conference for the +establishment of improved facilities for postal and cable communication +between the United States and the several countries of Central and South +America. + +I can not too strongly urge upon Congress the necessity of giving this +subject immediate and favorable consideration and of making adequate +appropriations to carry the recommendations into effect; and in this +connection I beg leave to call attention to what was said on the subject +in my annual message.[9] The delegates of the seventeen neighboring +Republics, which have so recently been assembled in Washington at the +invitation of this Government, have expressed their wish and purpose to +cooperate with the United States in the adoption of measures to improve +the means of communication between the several Republics of America. +They recognize the necessity of frequent, regular, and rapid steamship +service, both for the purpose of maintaining friendly intercourse +and for the convenience of commerce, and realize that without such +facilities it is useless to attempt to extend the trade between their +ports and ours. + +BENJ. HARRISON. + +[Footnote 9: See pp. 56-57.] + + + +EXECUTIVE MANSION, _Washington, July 2, 1890_. + +_To the Senate and House of Representatives_: + +I transmit herewith, for your information, a letter from the Secretary +of State, inclosing a copy of a resolution passed by the International +American Conference with reference to the celebration of the fourth +centennial of the discovery of America. + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _July 2, 1890_. + +_To the Senate and House of Representatives_: + +I transmit herewith, as required by section 14 of the act of March 2, +1889, an agreement concluded on the 20th day of May last between the +commissioners on behalf of the United States, commonly known as the +Cherokee Commission, and the Iowa Indians residing in the Indian +Territory. + +A letter of the Secretary of the Interior, which is accompanied by +communications from the Commissioner of Indian Affairs and the Assistant +Attorney-General, is also submitted. + +These papers present a full and clear statement of the matters of fact +and questions of law which Congress will need to consider in passing +upon the question of the ratification of the agreement, which is +submitted for its consideration and such action as may be deemed proper. + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _Washington, July 11, 1890_. + +_To the Senate and House of Representatives_: + +I transmit herewith a communication from the Secretary of State, +including a report of the action of the International American +Conference, lately in session in this city, concerning the protection of +patents, trademarks, and copyrights in commerce between the American +Republics, to which I invite your attention. + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _Washington, July 11, 1890_. + +_To the Senate and House of Representatives_: + +I invite your attention to the accompanying letter of the Secretary of +State, submitting the recommendations of the International American +Conference for the better protection of the public health against the +spread of contagious diseases. + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _July 12, 1890_. + +_To the Senate and House of Representatives_: + +I transmit herewith a letter from the Secretary of State, inclosing a +copy of a report upon weights and measures adopted by the International +American Conference, recently in session at this capital. + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _July 12, 1890_. + +_To the Senate and House of Representatives_: + +I transmit herewith a letter from the Secretary of State, inclosing a +copy of a report of the International American Conference, recently +in session at this capital, recommending the establishment of an +international American monetary union, and suggesting that the President +be authorized to invite the several American nations to send delegates +to its first meeting in Washington on the first Wednesday of January +next; that authority also be granted for the appointment of three +delegates on the part of the United States, and that an appropriation +be made to meet the necessary expenses. + +I commend these suggestions and hope they will receive the prompt +consideration of Congress. + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _Washington, July 14, 1890_. + +_To the Senate and House of Representatives_: + +I transmit herewith a letter from the Secretary of State, inclosing the +recommendation of the International American Conference with reference +to the adoption by the American Republics of a uniform code of +international law, to which your attention is respectfully directed. + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _Washington, July 14, 1890_. + +_To the Senate and House of Representatives_: + +I transmit herewith a letter from the Secretary of State, inclosing the +recommendations of the International American Conference, recently in +session at this capital, concerning a uniform system of port dues and +consular fees to be adopted by the several American Republics, to which +I invite your attention. + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _July 15, 1890_. + +_To the Senate and House of Representatives_: + +I transmit herewith a letter from the Secretary of State, inclosing +a resolution adopted by the International American Conference for +the erection of a memorial tablet in the diplomatic chamber of the +Department of State to commemorate the meeting of that body. + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _July 15, 1890_. + +_To the Senate and House of Representatives_: + +I transmit herewith, for your information, certain reports on the +subject of extradition adopted by the International American Conference +at its recent sessions in this city. + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _July 15, 1890_. + +_To the Senate and House of Representatives_: + +I transmit two agreements concluded by the commission appointed under +section 14 of the act of March 2, 1889, commonly known as the Cherokee +Commission, with the Citizen band of Pottawatomie Indians and the band +of Absentee Shawnees, respectively, for the cession of certain lands to +the United States. + +Letters from the Secretary of the Interior, the Commissioner of Indian +Affairs, and the Assistant Attorney-General for the Department of the +Interior relating to the same matter are also submitted. + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _July 17, 1890_. + +_To the Senate and House of Representatives_: + +The act making appropriations to provide for the expenses of the +government of the District of Columbia for the fiscal year ending June +30, 1890, provides, among other things, that the President shall appoint +three competent sanitary engineers to examine and report upon the system +of sewerage existing in the District of Columbia, together with such +suggestions and recommendations as may to them seem necessary and +desirable for the modification and extension of the same, which report +was to be transmitted to Congress by the President at its next session. + +In pursuance of the authority thus conferred, on the 17th of August, +1889, I appointed Rudolph Hering, of New York, Samuel M. Gray, of Rhode +Island, and Frederick P. Stearns, of Massachusetts, to make this +examination and report. + +The gentlemen named were believed to have such ability and experience as +sanitary engineers as to guarantee an intelligent and exhaustive study +of the problem submitted to them. + +I transmit herewith their report, which has just been submitted to me, +for the consideration of Congress. + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _July 23, 1890_. + +_To the House of Representatives_: + +In response to the resolution of the House of Representatives requesting +me, if in my judgment not incompatible with the public interest, to +furnish to the House the correspondence since March 4, 1889, between the +Government of the United States and the Government of Great Britain +touching the subjects in dispute in the Bering Sea, I transmit a letter +from the Secretary of State, which is accompanied by the correspondence +referred to in the resolution. + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _July 29, 1890_. + +_To the Senate and House of Representatives_: + +The recent attempt to secure a charter from the State of North Dakota +for a lottery company, the pending effort to obtain from the State of +Louisiana a renewal of the charter of the Louisiana State Lottery, and +the establishment of one or more lottery companies at Mexican towns near +our border have served the good purpose of calling public attention to +an evil of vast proportions. If the baneful effects of the lotteries +were confined to the States that give the companies corporate powers +and a license to conduct the business, the citizens of other States, +being powerless to apply legal remedies, might clear themselves of +responsibility by the use of such moral agencies as were within their +reach. But the case is not so. The people of all the States are +debauched and defrauded. The vast sums of money offered to the States +for charters are drawn from the people of the United States, and the +General Government through its mail system is made the effective and +profitable medium of intercourse between the lottery company and its +victims. The use of the mails is quite as essential to the companies +as the State license. It would be practically impossible for these +companies to exist if the public mails were once effectively closed +against their advertisements and remittances. The use of the mails by +these companies is a prostitution of an agency only intended to serve +the purposes of a legitimate trade and a decent social intercourse. + +It is not necessary, I am sure, for me to attempt to portray the robbery +of the poor and the widespread corruption of public and private morals +which are the necessary incidents of these lottery schemes. + +The national capital has become a subheadquarters of the Louisiana +Lottery Company, and its numerous agents and attorneys are conducting +here a business involving probably a larger use of the mails than that +of any legitimate business enterprise in the District of Columbia. There +seems to be good reason to believe that the corrupting touch of these +agents has been felt by the clerks in the postal service and by some of +the police officers of the District. + +Severe and effective legislation should be promptly enacted to enable +the Post-Office Department to purge the mails of all letters, +newspapers, and circulars relating to the business. + +The letter of the Postmaster-General which I transmit herewith points +out the inadequacy of the existing statutes and suggests legislation +that would be effective. + +It may also be necessary to so regulate the carrying of letters by the +express companies as to prevent the use of those agencies to maintain +communication between the lottery companies and their agents or +customers in other States. + +It does not seem possible that there can be any division of sentiment +as to the propriety of closing the mails against these companies, and +I therefore venture to express the hope that such proper powers as +are necessary to that end will be at once given to the Post-Office +Department. + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _Washington, July 30, 1890_. + +_To the Senate of the United States_: + +I transmit herewith a report from the Acting Secretary of State, in +response to a resolution of the Senate of the 23d instant, calling for +information touching the alleged arrest and imprisonment of A.J. Diaz +by the Cuban authorities and the action which has been taken in respect +thereto. + +It will be seen that Mr. Diaz has been released. + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _August 8, 1890_. + +_To the Senate and House of Representatives_: + +I have received, under date of July 29 ultimo, a communication from Hon. +George W. Steele, governor of the Territory of Oklahoma, in which, among +other things, he says: + + A delegation from township 16, range 1, in this county, has just left + me, who came to represent that there are at this time twenty-eight + families in that township who are in actual need of the necessaries of + life, and they give it as their opinion that their township is not an + exception, and that in the very near future a large proportion of the + settlers of this Territory will have to have assistance. + + This I have looked for, but have hoped to bridge over until after the + legislature meets, when I thought some arrangement might be made for + taking care of these needy people; but with little taxable property in + the Territory, and very many necessary demands to be made and met, I + doubt if the legislature will be able to make such provision until a + crop is raised next year as will be adequate to the demands. * * * + + Now I know whereof I speak, and I say there are a great many people in + this Territory who have not the necessary means of providing meals for + a day to come and are being helped by their very poor neighbors. No one + regrets more than I do the necessity of making the foregoing statement, + and I have hoped to bridge the matter over, as I have said before, + until the legislature would meet and see if some provision could be + made. + + I now see the utter hopelessness of such a course, and I beg of you to + call the attention of Congress to the condition of our people, with the + earnest hope that provision may be made whereby great suffering may be + relieved; and I assure you that so far as I am able to prevent it not + one ounce of provisions or a cent of money contributed to the above + need shall be improperly used. + + +Information received by me from other sources leads me to believe that +Governor Steele is altogether right in his impression that there will +be, unless relief is afforded either by public appropriation or by +organized individual effort, widespread suffering among the settlers +in Oklahoma. Many of these people expended in travel and in providing +shelter for their families all of their accumulated means. The crop +prospects for this year are by reason of drought quite unfavorable, and +the ability of the Territory itself to provide relief must be inadequate +during this year. + +I am advised that there is an unexpended balance of about $45,000 of +the fund appropriated for the relief of the sufferers by flood upon the +Mississippi River and its tributaries, and I recommend that authority be +given to use this fund to meet the most urgent necessities of the poorer +people in Oklahoma. Steps have been taken to ascertain more particularly +the condition of the people throughout the Territory, and if a larger +relief should seem to be necessary the facts will be submitted to +Congress. If the fund to which I have referred should be made available +for relief in Oklahoma, care will be taken that so much of it as is +necessary to be expended shall be judiciously applied to the most worthy +and necessitous cases. + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _Washington, August 15, 1890_. + +_To the Senate_: + +In compliance with the resolution of the Senate of the 26th of July, +1890, calling for all correspondence not already submitted to Congress +and now on file in the Department of State touching the efforts made +by this Government to secure the modification or repeal by the French +Government of its decree of 1881, prohibiting the importation into +France of American pork and kindred American products, I transmit +herewith a report from the Acting Secretary on the subject, with the +accompanying correspondence. + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _September 3, 1890_. + +_To the Senate and House of Representatives_: + +I transmit herewith a letter from the Secretary of State, which is +accompanied by three reports adopted by the conference of American +nations recently in session at Washington, relating to the subject of +international arbitration. The ratification of the treaties contemplated +by these reports will constitute one of the happiest and most hopeful +incidents in the history of the Western Hemisphere. + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _October 1, 1890_. + +_To the House of Representatives_: + +I transmit herewith, in answer to the resolution of the House of +Representatives of August 20, 1890, concerning the enforcement of +proscriptive edicts against the Jews in Russia, a report from the +Secretary of State upon the subject. + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _Washington, October 1, 1890_. + +_To the Senate_: + +In response to the resolution of the Senate of September 17, 1890, +I inclose a report from the Secretary of State, transmitting all the +correspondence found among the files of his Department relating to the +claim of Thomas T. Collins against the Government of Spain. + +BENJ. HARRISON. + + + + +VETO MESSAGES. + + +EXECUTIVE MANSION, _April 26, 1890_. + +_To the House of Representatives_: + +I return herewith without my approval the bill (H.R. 7170) "to authorize +the city of Ogden, Utah, to assume an increased indebtedness," + +The purpose and effect of this bill is to relieve the city of Ogden from +the limitation imposed by the act of July 30, 1886, upon all municipal +corporations in the Territories as to the indebtedness which they may +lawfully contract. The general law fixes the limit of 4 per cent upon +the last assessment for taxation; this bill extends the limit as to the +city of Ogden to 8 per cent. The purposes for which this legislation is +asked are not peculiar or exceptional. They relate to schools, street +improvements, and to sewerage, and are common to every prosperous and +growing town and city. If the argument by which this measure is +supported is adopted, the conclusion should be a repeal or modification +of the general law; but in my opinion the limitation imposed by the act +of 1886 is wise and wholesome and should not be relaxed. + +The report of the governor of Utah for 1889 states the population of +Ogden to be 15,000, the valuation for taxation $7,000,000, and the +existing indebtedness $100,000. It will be noticed that under the +existing limit the city has power to increase its indebtedness +$180,000, which would seem to be enough to make a good beginning in the +construction of sewers, while the cost of street improvements is usually +met in large part by direct assessment upon the property benefited. + +It is assumed in the report of the House committee that any city in +the States similarly situated "would have the making of the needed +improvements within its own power," while the fact is that almost all of +our States have either by their constitutions or statutes limited the +power of municipal corporations to incur indebtedness, and the limit is +generally lower than that fixed by the act regulating this matter in the +Territories. A large city debt retards growth and in the end defeats +the purpose of those who think by mortgaging the future to attract +population and property. I do not doubt that the citizens of Ogden will +ultimately realize that the creation of a municipal debt of over half a +million dollars by a city of 15,000 population--being $37 per capita--is +unwise. + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _April 29, 1890_. + +_To the House of Representatives_: + +I return without my approval the bill (H.R. 848) "to authorize the +construction of an addition to the public building in Dallas, Tex." + +The bill authorizes the construction of a wing or addition to the +present public building at a cost of $200,000. I find that the bill +as originally introduced by the member representing the Congressional +district in which Dallas is situated fixed $100,000 as the limit of +the proposed expenditure, and it was so reported from the Committee +on Public Buildings and Grounds after conferring with the Supervising +Architect of the Treasury. A bill of the same tenor was introduced in +the Senate by one of the Senators from that State, fixing the same +limit of expenditure. + +The public building at Dallas, for which a first appropriation of +$75,000 was made in 1882, subsequently increased to $125,000, was only +completed in 1889. It is probably inadequate now to the convenient +transaction of business, chiefly in that part assigned to the +Post-Office Department. The material and architectural style of any +addition are fixed by the present building and its ground area by +the available unoccupied space, as no provision is made for buying +additional ground. The present building is 85 by 56 feet, and Mr. John +S. Witwer, the postmaster and the custodian of the building, writing +to the Supervising Architect, advises that to meet the present and +prospective needs of the Government an addition at least two-thirds as +large as the present building should be provided. It will be seen from +the following extract from a letter of the Supervising Architect to the +chairman of the Senate Committee on Public Buildings and Grounds, dated +February 17, 1890, that a building larger than that suggested can be +erected within the limit of $100,000. He says: + + From computations made in this office based upon data received it is + found that an extension or wing about 40 by 85 feet in dimensions, three + stories high, with basement, giving 3,400 square feet, in addition to + the 4,760 square feet of the first-floor area of the building, of + fireproof construction, can be erected on the present site within the + limit of cost proposed by said bill, namely, $100,000. + + +It may be possible that an expenditure of $325,000 for a public building +at Dallas, if the questions of site, material, and architecture were all +undetermined, could be defended, but under existing conditions I do not +see how an appropriation of $200,000 can be justified when one-half that +sum is plainly adequate to such relief as the present site allows. + +The legislation for the erection of public buildings has not proceeded, +so far as I can trace it, upon any general rules. Neither population nor +the extent of the public business transacted has always indicated the +points where public buildings should first be built or the cost of the +structures. It can not be expected that, in the absence of some general +law, the committees of Congress having charge of such matters will +proceed in their recommendations upon strict or equal lines. The bills +are individual, and if comparisons are attempted the necessary element +of probable future growth is made to cover all apparent inequalities. It +will be admitted, I am sure, that only a public need should suggest the +expenditure of the public money, and that if all such needs can not be +at once supplied the most general and urgent should have the preference. + +I am not unfriendly to a liberal annual expenditure for the erection of +public buildings where the safe and convenient transaction of the public +business demands it and the state of the revenues will permit. It would +be wiser, in my opinion, to build more and less costly houses and to fix +by general law the amount of the annual expenditure for this purpose and +some order of preference between the cities asking for public buildings. + +But in view of the pending legislation looking to a very large reduction +of our revenues and of the urgency and necessity of a large increase +in our expenditures in certain directions, I am of the opinion that +appropriations for the erection of public buildings and all kindred +expenditures should be kept at the minimum until the effect of other +probable legislation can be accurately measured. + +The erection of a public building is largely a matter of local interest +and convenience, while expenditures for enlarged relief and recognition +to the soldiers and sailors of the war for the preservation of the +Union, for necessary coast defenses, and for the extension of our +commerce with other American States are of universal interest and +involve considerations, not of convenience, but of justice, honor, +safety, and general prosperity. + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _June 4, 1890_. + +_To the Senate of the United States_: + + +I return without my approval the bill (S. 1306) "for the erection of +a public building at Hudson, N.Y." Hudson, from the best information +attainable, is a city of only a little more than 10,000 population. If +the postal receipts are a fair indication of the growth of the city, it +has not been rapid, as they only increased about $4,000 in ten years. +The gross postal receipts for the year 1888 were but $14,809, and the +office force consists of three clerks and five carriers. There are no +other Government officers at Hudson entitled under the law to offices or +to an allowance for rent, unless it be a deputy collector of internal +revenue. + +It appears from the bill and the correspondence with the Supervising +Architect that it is proposed to erect a two-story building, with +fireproof vaults, heating and ventilating apparatus, and elevators, 40 +by 80 feet in dimensions. The ground-floor area of 3,200 feet, to be +devoted to the post-office, would give 400 square feet to each of the +present employees. The second story and the basement, each having the +same area, will be absolutely tenantless, unless authority is given by +law to the custodian to rent the rooms to unofficial tenants. It seems +to me to be very clear that the public needs do not suggest or justify +such an expenditure as is contemplated by this bill. + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _June 12, 1890_. + +_To the House of Representatives_: + +I return without my approval the bill (H.R. 7175) to provide for the +purchase of a site and the erection of a public building thereon at +Tuscaloosa, in the State of Alabama. + +Judged by its postal revenues and by the force employed in the +office, the post-office at Tuscaloosa is not an important one. It has +one clerk, at a salary of $450, and no carriers. The report of the +Postmaster-General shows that the gross receipts for the year 1888 were +$6,379 and the net revenue less than $4,000. The annual receipts have +only increased about $3,000 in ten years. The rent now paid for a +building affording 2,200 square feet of floor space is $275. + +A general proposition to erect public buildings at this scale of expense +in cities of the size of Tuscaloosa would not, I am sure, receive the +sanction of Congress. It would involve the expenditure for buildings of +ten times the present net revenues of such offices, and in the case +under consideration would involve an increased cost for fuel, lights, +and care greater than the rent now paid for the use of a room of ample +size. I would not insist that it must always be shown that a proposed +public building would yield an interest upon the investment, but in +the present uncertain state of the public revenues and expenditures, +resulting from pending and probable legislation, there is, in my +opinion, an absolute necessity that expenditures for public buildings +should be limited to cases where the public needs are very evident and +very imperative. It is clear that this is not such a case. + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _June 17, 1890_. + +_To the Senate of the United States_: + +I return without my approval the bill (S. 1762) "to change the +boundaries of the Uncompahgre Reservation." + +This bill proposes to separate from the Ute Indian Reservation in +Utah and restore to the public domain two ranges of townships along the +east side of the reservation and bordering the Colorado State line. +It is said that these lands are wholly worthless to the Indians for +cultivation or for grazing purposes, and it must follow, I think, that +they are equally worthless for such purposes to white men. + +The object, then, of this legislation is to be sought not in any +public demand for these lands for the use of settlers--for if they +are susceptible of that use the Indians have a clear equity to take +allotments upon them--but in that part of the bill which confirms the +mineral entries, or entries for mineral uses, which have been unlawfully +made "or attempted to be made on said lands." It is evidently a private +and not a public end that is to be promoted. It does not follow, of +course, that this private end may not be wholly meritorious and the +relief sought on behalf of these persons altogether just and proper. +The facts, as I am advised, are that upon these lands there are veins +or beds of asphaltum or gilsonite supposed to be of very great value. + +Entries have been made in that vicinity, but upon public lands, which +lands have been resold for very large amounts. It is not important, +perhaps, that the United States should in parting with these lands +realize their value, but it is essential, I think, that favoritism +should have no part in connection with the sales. The bill confirms all +attempted entries of these mineral lands at the price of $20 per acre +(a price that is suggestive of something unusual) without requiring +evidence of the expenditure of any money upon the claim, or even proof +that the claimant was the discoverer of the deposits. + +The bill requires "good faith," but it will be next to impossible for +the officers of the Interior Department to show actual knowledge on the +part of the claimant of the lines of the reservation. The case will +practically be as to this matter in the hands of the claimant. But why +should good faith at the moment of attempting the entry, without any +requirement of expenditure, and followed, it may be, within twenty-four +hours by actual notice that he was upon a reservation, give an advantage +in the sale of these lands that may represent a very large sum of money? + +In the second place, I do not think it wise, without notice even to the +Indians, to segregate these lands from their reservation. It is true, I +think, that they hold these lands by an Executive order, with a contract +right to take allotments upon them, and that the lands in question are +not likely to be sought as an allotment by any Indian. But the Indians +have been placed on this reservation and its boundaries explained to +them, and to take these lands in this manner is calculated to excite +their distrust and fears, and possibly to create serious trouble. + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _June 20, 1890_. + +_To the House of Representatives_: + +I return without my approval the bill (H.R. 3934) "to authorize the +board of supervisors of Maricopa County, Ariz., to issue certain bonds +in aid of the construction of a certain railroad." + +This bill proposes to confer authority upon the supervisors of the +county of Maricopa to issue county bonds at the rate of $4,000 per mile +in aid of a railroad to be constructed from Phoenix northwardly to the +county line, a distance estimated at 50 miles, but probably somewhat +longer. The bill seems to have passed the House of Representatives under +an entire misapprehension of its true scope and effect. In the brief +report submitted by the Committee on Territories it is said that "by the +terms of the bill the county receives _bonds_ in payment of the money +proposed to be advanced," and in the course of the debate the Delegate +from Arizona mistakenly stated in response to a request for information +that the bill proposed a loan by the county, in exchange for which it +was to receive the bonds of the railroad company. In fact, the bill does +not provide for a loan to be secured by bonds, but for a subscription of +stock. How far this mistake may have affected the passage of the bill +can not of course be known. + +The bill does not submit the question of granting this aid to a vote +of the people of the county, but confers direct authority upon the +supervisors to issue the bonds. It is said, however, that in April, +1889, an election was held to obtain the views of the people upon the +question. It does not appear from any papers submitted to me who were +the managers of this so-called election; what notice, if any, was given; +what qualifications on the part of voters were insisted upon, if any, or +in what form the question was presented. There was no law providing for +such an election. Being wholly voluntary, the election was, of course, +under the management of those who favored the subsidy, and was conducted +without any legal restraints as to the voting or certification. I have +asked for a statement of the vote by precincts, and have been given what +purports to be the vote at twelve points. The total affirmative vote +given was 1,975 and the negative 134. But of the affirmative vote 1,543 +were given at Phoenix and 188 at Tempe, a town very near to Phoenix. If +there were no other objections to this bill, I should deem this alone +sufficient, that no provision is made for submitting to a vote of the +people at an election, after due notice and under the sanction of law, +the question whether this subscription shall be made. + +But again, the bill proposes to suspend for this case two provisions +of the act of Congress of July 30, 1886--first, that provision which +forbids municipal corporations from subscribing to the stock of other +corporations or loaning their credit to such corporations, and, second, +that provision which forbids any municipal corporation from creating a +debt in excess of 4 per cent of its taxable property as fixed by the +last assessment. The condition of things then existing in Arizona had +not a little to do with the enactment by Congress of this law, intended +to give to the people of the Territories that protection against +oppressive municipal debts which was secured to the people of most of +the States by constitutional limitations. The wisdom of this legislation +is not contested by the friends of this bill, but they claim that the +circumstances here are so peculiar as to justify this exception. I do +not think so. In the States the limitation upon municipal indebtedness +is usually placed in the constitution, in order that it may be +inflexible. If a showing of need, gain, or advantage is to overcome the +barrier, then it is scarcely worth while to declare a limitation. Only +a belief that the limit is inflexible will promote care and economy in +administration. If this bill becomes a law, how can Congress refuse to +any county in any of the Territories the right to subscribe to the stock +of a railroad company, especially where the subscription would not +exceed the debt limit, upon a showing of the advantages of better and +cheaper communications? + +Maricopa County is one of great extent. Its northern boundary is 95 +miles long, its southern boundary 66, its eastern 45, and its western +102. This great area is to be taxed to construct a road which can, in +the nature of things, be of advantage to but a fraction of it. There is +no unity of interest or equality of advantage. It may very well be that +a section of these lands along the line of the road, and especially +town lots in Phoenix, would have an added value much greater than the +increased burden imposed, but it is equally clear that much property +in the county will receive no appreciable benefit. + +The existing bonded indebtedness of Maricopa County is $272,000; the tax +assessment of the county is about $5,000,000, and the population is +estimated, by multiplying the vote cast in 1888 by 6, at about 12,000. +It will be seen that the bonded debt, to say nothing of a floating debt, +which is said to be small, is already largely in excess of the legal +limit, and it is proposed to increase it by a subscription that will +certainly involve $200,000, and possibly $250,000. If the bill becomes a +law, the bonded indebtedness will very closely approximate 10 per cent +of the assessed valuation of the property of the county. + +The condition of things in the county of Yavapai, lying immediately +north of Maricopa, and through which this road is also to run, though +not directly affected by this legislation, is very instructive in this +connection. + +By an act of the legislature of Arizona passed the year before the act +of Congress to which I have referred Yavapai County was authorized to +subscribe $4,000 per mile to this line of road. The total length of the +road in the county was 147 miles, and 74 miles, to Prescott, have been +constructed. The secretary of the Territory, in response to an inquiry, +states the debt of Yavapai County at $563,000 and the assessment for +taxation at "between six and seven millions." There are 73 miles of road +yet to be built from the present terminus, Prescott, to the south line +of the county, for which Yavapai County must make a further issue of +bonds of $292,000, making a total county debt of $855,000, or above 13 +per cent upon the taxable assessment (taking that at $6,500,000), and +a per capita county debt of nearly $85, taking the population at about +10,600, as stated in the report of the Senate committee. Surely no one +will insist that the true and permanent prosperity of these communities +will be promoted by loading their energies and their industries with +these great debts. I feel the force of the suggestion that the freight +charges now imposed upon the farm and orchard products of Maricopa +County by the railroads now in operation are oppressive. But this bill +does not afford much relief even in that direction. There would be but +one competing point, viz, Phoenix. At all other points on the proposed +road the people would be subject to the exaction of just such rates as +are demanded by the other lines. If this bill contained some effective +provision to secure reasonable freight rates to the people who are to be +taxed to build the road, it would go far to secure my favorable +consideration for it. + +I have carefully examined the reports of the committees and every +argument that has been submitted to me by the friends of the bill, but +I can not bring myself to believe that the permanent welfare of the +communities affected by it will be promoted by its passage. + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _July 9, 1890_. + +_To the House of Representatives_: + + +I return herewith without my approval the bill (H.R. 5974) entitled "An +act extending the time of payment to purchasers of land of the Omaha +tribe of Indians in Nebraska, and for other purposes." + +The United States holds the legal title of these lands, which have been +sold for the benefit of the Omaha Indians to secure the unpaid purchase +money, the time of payment of which it is proposed by this act to +extend. There is no objection that I know of, either on the part of +the United States or of the Indians, to the extension of the unpaid +installments due from purchasers. This relief is probably due to the +purchasers. The bill, however, contains the following provision: + + That all the lands the payment for which is hereby extended shall be + subject to taxation in all respects by and in the State of Nebraska + as if fully paid for and patents issued. + + +Now, while it is entirely proper that the interest of the purchasers in +these lands should share the burdens of the communities in which the +lands are located, the title of the United States and the beneficial +interest of the Indians in the lands should not be subjected to sale for +the delinquency of the purchasers in paying tax assessments levied upon +the lands. The effect of the provision which has been quoted would, in +my opinion, give to the purchaser at a tax sale a title superior to +the lien of the Government for purchase money. The bill should have +contained a proviso that only the interest of the purchasers from the +Government could be sold for taxes, and that the tax sale should be +subject to the lien of the United States for unpaid purchase money. + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _September 30, 1890_. + +_To the House of Representatives_: + +I return herewith without my approval the joint resolution (H. Res. +No. 39) declaring the retirement of Captain Charles B. Stivers, of the +United States Army, legal and valid, and that he is entitled as such +officer to his pay. + +Captain Stivers was dismissed the service summarily by order of the +President on July 15, 1863. A subsequent examination into the causes +leading to this action seems to have satisfied the President that an +injustice had been done to the officer, and on the 11th day of August, +1863, an order was issued revoking the order of dismissal and restoring +Captain Stivers to duty as an officer of the Army. On December 30, 1864, +by a proper order from the War Department, after examination, Captain +Stivers was placed upon the retired list of the Army. + +The Supreme Court has decided in the case of The United States _vs_. +Corson (114 U.S. Reports, 619): + +First. That at the time of the issuance of the order of dismissal the +President had authority under the law to summarily dismiss an officer, +and that the effect of such an order was absolutely to separate the +officer from the service. + +Second. That having been thus separated from the service he could not be +restored except by nomination to the Senate and its advice and consent +to the appointment. + +Mr. Garland, as Attorney-General, gave an opinion to the Secretary of +War in the case of Captain Stivers, based upon the decision of the +Supreme Court to which I have referred, holding that Captain Stivers +was not an officer on the retired list of the Army. The present +Attorney-General, with whom I have conferred, takes the same view +of the law. Indeed, the decision of the Supreme Court to which I have +referred is so exactly in point that there can be no doubt as to the law +of the case. It is undoubtedly competent for Congress by act or joint +resolution to authorize the President, by and with the advice of the +Senate, to appoint Captain Stivers to be a captain in the Army of the +United States and to place him upon the retired list. It is also +perfectly competent by suitable legislation for Congress to give to this +officer the pay of his grade during the interval of time when he was +improperly carried upon the army lists. But the joint resolution which +I herewith return does not attempt to deal with the case in that way. +It undertakes to declare that the retirement of Captain Stivers was +legal and valid and that he always has been and is entitled to his pay +as such officer. I do not think this is a competent method of giving the +relief intended. The retirement under the law as it then existed was not +legal and valid, as the highest judicial tribunal under the Constitution +has declared, for the reason that Captain Stivers was not then an +officer on the active list. That being so, it follows, of course, that +he was not entitled to draw the pay of an office he did not hold. + +The relief should have taken the form usual in such cases, which is to +authorize the appointment of the officer to a place made for him on the +retired list. + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _October 1, 1890_. + +_To the Senate_: + +I return to the Senate without my approval the bill (S. 473) "for the +relief of the Portland Company, of Portland, Me." + +This bill confers upon the Court of Claims jurisdiction to inquire into +and determine how much certain steam machinery built for the United +States under contract, and to be used in the vessels _Agawam_ and +_Pontoosuc_, cost the contractors over and above the contract price and +any allowances for extra work which have been made, and requires the +court to enter judgment in favor of the claimant for the excess of cost +above such contract price and allowances. + +The bill differs from others which have been presented to me, and one of +which I have approved, in that it does not make the further allowance to +the contractors contingent upon the fact that the additional expense was +the result of the acts of the Government through its officers' causing +delays and increased cost in the construction of the work. + +The bill in effect directs the court to ignore the contract entirely, +except as payments under it are to be treated as credits, and to allow +the contractors the cost of the work, and that without reference to +their own negligence or want of skill in executing the work. There would +seem to be no object in the Government's making a contract for work if +the contract is only to be binding upon the parties in the event that +the contractor realizes a profit. + +I can not give my approval to the proposition applied here, which if +allowed here should be given general application, that every contractor +with the Government who during the early days of the war failed to +realize, by reason of increase in the cost of labor and materials, a +profit upon the contract shall now have access to the Court of Claims +to recover upon the _quantum meruit_ the cost of the work. + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _October 1, 1890_. + +_To the Senate_: + +I return without my approval Senate bill No. 1857, "for the relief of +Charles P. Chouteau, survivor of Chouteau, Harrison & Valle." + +This claim has been once presented to the Court of Claims and fully +heard. This bill authorizes a rehearing. I find upon examination that +every fact connected with the case necessary to the determination of the +question whether the claim should be appropriated for has already been +found and stated by the Court of Claims in a published opinion. Judgment +was given against the claimant upon the ground that a settlement had +been made and a receipt given in full. If in the opinion of Congress +this receipt, given under the circumstances which accompanied it, should +not be held a bar to such further appropriation as is equitable, all the +facts have been found that can be necessary to determine the question +what further payment should be made to the contractors. There can be no +reason, as it seems to me, for a retrial of the case in the Court of +Claims in the absence of any showing of newly discovered evidence. The +result would only differ from the result already obtained in that under +the bill which I return the court would enter a judgment instead of a +finding, and the judgment could only be paid after Congressional action. + +The finding which has already been made, as I have said, is a complete +basis for any such action as Congress may think should be taken in the +premises. + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _October 7, 1890_. + +_To the Senate_: + +I return without my approval the bill (S. 3830) "to prohibit bookmaking +of any kind and pool selling in the District of Columbia for the purpose +of gaming." + +My objection to the bill is that it does not prohibit bookmaking and +pool selling, but, on the contrary, expressly saves from the operation +of its prohibitions and penalties the Washington Jockey Club "and any +other regular organizations owning race tracks no less than 1 mile in +length," etc. + +If this form of gambling is to be prohibited, as I think it should be, +the penalties should include all persons and all places. + +BENJ. HARRISON. + + + + +PROCLAMATIONS. + + +BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. + +A PROCLAMATION. + +Whereas it is provided in the act of Congress approved March 2, 1889, +entitled "An act to divide a portion of the reservation of the Sioux +Nation of Indians in Dakota into separate reservations and to secure +the relinquishment of the Indian title to the remainder, and for other +purposes"-- + + That this act shall take effect only upon the acceptance thereof and + consent thereto by the different bands of the Sioux Nation of Indians, + in manner and form prescribed by the twelfth article of the treaty + between the United States and said Sioux Indians concluded April 29, + 1868, which said acceptance and consent shall be made known by + proclamation by the President of the United States, upon satisfactory + proof presented to him that the same has been obtained in the manner and + form required by said twelfth article of said treaty, which proof shall + be presented to him within one year from the passage of this act; and + upon failure of such proof and proclamation this act becomes of no + effect and null and void. + + +And whereas satisfactory proof has been presented to me that the +acceptance of and consent to the provisions of the said act by the +different bands of the Sioux Nation of Indians have been obtained in +manner and form as therein required: + +Now, therefore, I, Benjamin Harrison, President of the United States, by +virtue of the power in me vested, do hereby make known and proclaim the +acceptance of said act by the different bands of the Sioux Nation of +Indians and the consent thereto by them as required by the act, and said +act is hereby declared to be in full force and effect, subject to all +the provisions, conditions, limitations, and restrictions therein +contained. + +All persons will take notice of the provisions of said act and of the +conditions, limitations, and restrictions therein contained, and be +governed accordingly. + +I furthermore notify all persons to particularly observe that by said +act certain tracts or portions of the Great Reservation of the Sioux +Nation in the Territory of Dakota, as described by metes and bounds, +are set apart as separate and permanent reservations for the Indians +receiving rations and annuities at the respective agencies therein +named. + +That any Indian receiving and entitled to rations and annuities at +either of the agencies mentioned in this act at the time the same shall +take effect, but residing upon any portion of said Great Reservation not +included in either of the separate reservations herein established, may +at his option, within one year from the time when this act shall take +effect, and within one year after he has been notified of his said right +of option, in such manner as the Secretary of the Interior shall direct, +by recording his election with the proper agent at the agency to which +he belongs, have the allotment to which he would be otherwise entitled +on one of said separate reservations upon the land where such Indian may +then reside. + +That each member or the Ponca tribe of Indians now occupying a part of +the old Ponca Reservation, within the limits of the said Great Sioux +Reservation, shall be entitled to allotments upon said old Ponca +Reservation in quantities as therein set forth, and that when allotments +to the Ponca tribe of Indians and to such other Indians as allotments +are provided for by this act shall have been made upon that portion of +said reservation which is described in the act entitled "An act to +extend the northern boundary of the State of Nebraska," approved March +28, 1882, the President shall, in pursuance of said act, declare that +the Indian title is extinguished to all lands described in said act not +so allotted hereunder, and thereupon all of said land not so allotted +and included in said act of March 28, 1882, shall be open to settlement +as provided in this act. + +That protection is guaranteed to such Indians as may have taken +allotments either within or without the said separate reservations under +the provisions of the treaty with the Great Sioux Nation concluded April +29, 1868; and that provision is made in said act for the release of all +title on the part of said Indians receiving rations and annuities on +each separate reservation to the lands described in each of the other +separate reservations, and to confirm in the Indians entitled to receive +rations at each of said separate reservations, respectively, to their +separate and exclusive use and benefit, all the title and interest of +every name and nature secured to the different bands of the Sioux Nation +by said treaty of April 29, 1868; and that said release shall not affect +the title of any individual Indian to his separate allotment of land +not included in any of said separate reservations, nor any agreement +heretofore made with the Chicago, Milwaukee and St. Paul Railroad +Company or the Dakota Central Railroad Company respecting certain lands +for right of way, station grounds, etc., regarding which certain prior +rights and privileges are reserved to and for the use of said railroad +companies, respectively, upon the terms and conditions set forth in said +act. + +That it is therein provided that if any land in said Great Sioux +Reservation is occupied and used by any religious society at the date +of said act for the purpose of missionary or educational work among the +Indians, whether situate outside of or within the limits of any of the +separate reservations, the same, not exceeding 160 acres in any one +tract, shall be granted to said society for the purposes and upon the +terms and conditions therein named; and + +Subject to all the conditions and limitations in said act contained, it +is therein provided that all the lands in the Great Sioux Reservation +outside of the separate reservations described in said act, except +American Island, Farm Island, and Niobrara Island, regarding which +islands special provisions are therein made, and sections 16 and 36 in +each township thereof (which are reserved for school purposes), shall +be disposed of by the United States, upon the terms, at the price, and +in the manner therein set forth, to actual settlers only, under the +provisions of the homestead law (except section 2301 thereof) and under +the law relating to town sites. + +That section 23 of said act provides-- + + That all persons who, between the 27th day of February, 1885, and the + 17th day of April, 1885, in good faith entered upon or made settlements + with intent to enter the same under the homestead or preemption laws of + the United States upon any part of the Great Sioux Reservation lying + east of the Missouri River, and known as the Crow Creek and Winnebago + Reservation, which by the President's proclamation of date February 27, + 1885, was declared to be open to settlement, and not included in the + new reservation established by section 6 of this act, and who, being + otherwise legally entitled to make such entries, located or attempted + to locate thereon homestead, preemption, or town-site claims by actual + settlement and improvement of any portion of such lands, shall for a + period of ninety days after the proclamation of the President required + to be made by this act have a right to reenter upon said claims and + procure title thereto under the homestead or preemption laws of the + United States and complete the same as required therein, and their said + claims shall for such time have a preference over later entries; and + when they shall have in other respects shown themselves entitled and + shall have complied with the law regulating such entries, and, as to + homesteads, with the special provisions of this act, they shall be + entitled to have said lands, and patents therefor shall be issued as in + like cases: _Provided_, That preemption claimants shall reside on their + lands the same length of time before procuring title as homestead + claimants under this act. The price to be paid for town-site entries + shall be such as is required by law in other cases, and shall be paid + into the general fund provided for by this act. + + +It is furthermore hereby made known that there has been and is hereby +reserved from entry or settlement that tract of land now occupied by the +agency and school buildings at the Lower Brulé Agency, to wit: + +The west half of the southwest quarter of section 24, the east half of +the southeast quarter of section 23, the west half of the northwest +quarter of section 25, the east half of the northeast quarter of section +26, and the northwest fractional quarter of the southeast quarter of +section 26, all in township 104 north of range 72 west of the fifth +principal meridian. + +That there is also reserved as aforesaid the following-described tract +within which the Cheyenne River Agency, school, and certain other +buildings are located, to wit: Commencing at a point in the center of +the main channel of the Missouri River opposite Deep Creek, about 3 +miles south of Cheyenne River; thence due west 5-1/2 miles; thence due +north to the Cheyenne River; thence down said river to the center of the +main channel thereof to a point in the center of the Missouri River due +east or opposite the mouth of said Cheyenne River; thence down the +center of the main channel of the Missouri River to the place of +beginning. + +That in pursuance of the provisions contained in section 1 of said act +the tract of land situate in the State of Nebraska and described in +said act as follows, to wit: "Beginning at a point on the boundary +line between the State of Nebraska and the Territory of Dakota where +the range line between ranges 44 and 45 west of the sixth principal +meridian, in the Territory of Dakota, intersects said boundary line; +thence east along said boundary line 5 miles; thence due south 5 miles; +thence due west 10 miles; thence due north to said boundary line; thence +due east along said boundary line to the place of beginning," same is +continued in a state of reservation so long as it may be needed for the +use and protection of the Indians receiving rations and annuities at the +Pine Ridge Agency. + +Warning is hereby also expressly given to all persons not to enter or +make settlement upon any of the tracts of land specially reserved by the +terms of said act or by this proclamation, or any portion of any tracts +of land to which any individual member of either of the bands of the +Great Sioux Nation or the Ponca tribe of Indians shall have a preference +right under the provisions of said act; and further, to in no wise +interfere with the occupancy of any of said tracts by any of said +Indians, or in any manner to disturb, molest, or prevent the peaceful +possession of said tracts by them. + +The surveys required to be made of the lands to be restored to the +public domain under the provisions of the said act and as in this +proclamation set forth will be commenced and executed as early as +possible. + +In witness whereof I have hereunto set my hand and caused the seal of +the United States to be affixed. + +[SEAL.] + +Done at the city of Washington, this 10th day of February, A.D. 1890, +and of the Independence of the United States the one hundred and +fourteenth. + +BENJ. HARRISON. + +By the President: + JAMES G. BLAINE, + _Secretary of State_. + + + +BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. + +A PROCLAMATION. + +Whereas that portion of the Indian Territory commonly known as the +Cherokee Strip or Outlet has been for some years in the occupancy of an +association or associations of white persons under certain contracts +said to have been made with the Cherokee Nation, in the nature of a +lease or leases for grazing purposes; and + +Whereas an opinion has been given to me by the Attorney-General, +concurring with the opinion given to my predecessor by the late +Attorney-General, that whatever the right or title of said Cherokee +Nation or of the United States to or in said lands may be, no right +exists in said Cherokee Nation under the statutes of the United States +to make such leases or grazing contracts, and that such contracts are +wholly illegal and void; and + +Whereas the continued use of said lands thereunder for grazing purposes +is prejudicial to the public interests: + +Now, therefore, I, Benjamin Harrison, President of the United States, do +hereby proclaim and give notice-- + +First. That no cattle or live stock shall hereafter be brought upon said +lands for herding or grazing thereon. + +Second. That all cattle and other live stock now on said outlet must be +removed therefrom not later than October 1, 1890, and so much sooner as +said lands or any of them may be or become lawfully open to settlement +by citizens of the United States; and that all persons connected with +said cattle companies or associations must, not later than the time +above indicated, depart from said lands. + +In witness whereof I have hereunto set my hand and caused the seal of +the United States to be affixed. + +[SEAL.] + +Done at the city of Washington, this 17th day of February, A.D. 1890, +and of the Independence of the United States of America the one hundred +and fourteenth. + +BENJ. HARRISON. + +By the President: + JAMES G. BLAINE, + _Secretary of State_. + + + +BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. + +A PROCLAMATION. + +The following provisions of the laws of the United States are hereby +published for the information of all concerned: + +Section 1956, Revised Statutes, chapter 3, Title XXIII, enacts that-- + + No person shall kill any otter, mink, marten, sable, or fur seal, or + other fur-bearing animal within the limits of Alaska Territory or in + the waters thereof; and every person guilty thereof shall for each + offense be fined not less than $200 nor more than $1,000, or imprisoned + not more than six months, or both; and all vessels, their tackle, + apparel, furniture, and cargo, found engaged in violation of this + section shall be forfeited; but the Secretary of the Treasury shall + have power to authorize the killing of any such mink, marten, sable, or + other fur-bearing animal, except fur seals, under such regulations as + he may prescribe; and it shall be the duty of the Secretary to prevent + the killing of any fur seal and to provide for the execution of the + provisions of this section until it is otherwise provided by law, nor + shall he grant any special privileges under this section. + + * * * * * + + +Section 3 of the act entitled "An act to provide for the protection of +the salmon fisheries of Alaska," approved March 2, 1889, provides that-- + + SEC. 3. That section 1956 of the Revised Statutes of the United States + is hereby declared to include and apply to all the dominion of the + United States in the waters of Bering Sea, and it shall be the duty of + the President at a timely season in each year to issue his proclamation, + and cause the same to be published for one month in at least one + newspaper (if any such there be) published at each United States port of + entry on the Pacific coast, warning all persons against entering such + waters for the purpose of violating the provisions of said section, + and he shall also cause one or more vessels of the United States to + diligently cruise said waters and arrest all persons and seize all + vessels found to be or to have been engaged in any violation of the + laws of the United States therein. + + +Now, therefore, I, Benjamin Harrison, President of the United States, +pursuant to the above-recited statutes, hereby warn all persons against +entering the waters of Bering Sea within the dominion of the United +States for the purpose of violating the provisions of said section 1956, +Revised Statutes; and I hereby proclaim that all persons found to be or +have been engaged in any violation of the laws of the United States in +said waters will be arrested and punished as above provided, and that +all vessels so employed, their tackle, apparel, furniture, and cargoes, +will be seized and forfeited. + +In testimony whereof I have hereunto set my hand and caused the seal of +the United States to be affixed. + +[SEAL.] + +Done at the city of Washington, this 15th day of March, 1890, and of the +Independence of the United States the one hundred and fourteenth. + +BENJ. HARRISON. + +By the President: + JAMES G. BLAINE, + _Secretary of State_. + + + +PROCLAMATION. + +SEPTEMBER 19, 1890. + +_To whom it may concern_: + +Whereas it has been represented to me that by reason of the drought +which has prevailed in the Indian Territory and in the adjoining States +the execution of my proclamation of February 17, 1890, requiring the +removal of all live stock from the Cherokee Outlet on or before October +1 would work great hardship and loss, not only to the owners of stock +herded upon the strip, but to the owners of cattle in the adjoining +States; and + +Whereas the owners of all cattle now herded upon the outlet have +submitted to me a proposition in writing whereby they agree to remove +one-half of their stock from the outlet on or before November 1 and +the residue thereof and all their property and employees on or before +December 1 next, and to abandon all claims in said outlet: + +Now, therefore, I, Benjamin Harrison, President of the United States, do +give notice and proclaim that the time heretofore fixed for the removal +of the live stock herded upon said outlet is extended to November 1 as +to one-half thereof and to December 1 next as to the residue thereof and +as to all property and employees. + +BENJ. HARRISON. + + + +BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. + +A PROCLAMATION. + +Whereas it is provided in the act of Congress entitled "An act to extend +the northern boundary of the State of Nebraska," approved March 28, 1882-- + + That the northern boundary of the State of Nebraska shall be, and hereby + is, subject to the provisions hereinafter contained, extended so as to + include all that portion of the Territory of Dakota lying south of the + forty-third parallel of north latitude and east of the Keya Paha River + and west of the main channel of the Missouri River; and when the Indian + title to the lands thus described shall be extinguished the jurisdiction + over said lands shall be, and hereby is, ceded to the State of Nebraska, + and subject to all the conditions and limitations provided in the act of + Congress admitting Nebraska into the Union, and the northern boundary of + the State shall be extended to said forty-third parallel as fully and + effectually as if said lands had been included in the boundaries of said + State at the time of its admission to the Union; reserving to the United + States the original right of soil in said lands and of disposing of the + same: _Provided_, That this act, so far as jurisdiction is concerned, + shall not take effect until the President shall by proclamation declare + that the Indian title to said lands has been extinguished, nor shall + it take effect until the State of Nebraska shall have assented to the + provisions of this act; and if the State of Nebraska shall not by an + act of its legislature consent to the provisions of this act within two + years next after the passage hereof this act shall cease and be of no + effect. + + +And whereas by section 13 of the act entitled "An act to divide a +portion of the reservation of the Sioux Nation of Indians in Dakota into +separate reservations and to secure the relinquishment of the Indian +title to the remainder, and for other purposes," approved March 2, 1889, +it is provided-- + + That when the allotments to the Ponca tribe of Indians and to such + other Indians as allotments are provided for by this act shall have + been made upon that portion of said reservation which is described in + the act entitled "An act to extend the northern boundary of the State + of Nebraska," approved March 28, 1882, the President shall, in pursuance + of said act, declare that the Indian title is extinguished to all lands + described in said act not so allotted hereunder, and thereupon all of + said land not so allotted and included in said act of March 28, 1882, + shall be open to settlement as provided in this act: _Provided_, That + the allotments to Ponca and other Indians authorized by this act to be + made upon the land described in the said act entitled "An act to extend + the northern boundary of the State of Nebraska" shall be made within + six months from the time this act shall take effect. + + +And whereas the State of Nebraska, by an act of its legislature approved +May 23, 1882, entitled "An act declaring the assent of the State of +Nebraska to an act of Congress of the United States entitled 'An act to +extend the northern boundary of the State of Nebraska,' approved March +28, 1882," assented to and accepted the provisions of said act of +Congress approved March 28, 1882; and + +Whereas allotments have been made to the Ponca tribe of Indians under +and in accordance with the provisions of said section 13 of the act +of March 2, 1889, and no other Indians having selected or applied for +allotments upon that portion of the reservation of the Sioux Nation of +Indians described in the act of March 28, 1882, aforesaid, and the six +months' limit of time within which said allotments were authorized to +be made having expired on the 10th day of August, 1890: + +Now, therefore, I, Benjamin Harrison, President of the United States, +by virtue of the power in me vested by the act (section 13) of March 2, +1889, aforesaid, and in pursuance of the act of March 28, 1882, +aforesaid, do hereby declare that the Indian title is extinguished to +all lands described in said act of March 28, 1882, not allotted to +the Ponca tribe of Indians as aforesaid and shown upon a schedule, +in duplicate, of allotments made and certified jointly by George P. +Litchfield, United States special agent, and James E. Helms, United +States Indian agent, July 31, 1890, and approved by the Acting +Commissioner of Indian Affairs October 14, 1890, and by the Acting +Secretary of the Interior October 22, 1890, one copy of which schedule +of allotments is now on file in the office of the Commissioner of Indian +Affairs and the other in the office of the Commissioner of the General +Land Office, Department of the Interior. + +Be it known, however, that there is hereby reserved from entry or +settlement that tract of land now occupied by the agency and school +buildings of the old Ponca Agency, to wit: The south half of the +southeast quarter of section 26 and the south half of the southwest +quarter of section 25, all in township 32 north, range 7 west of the +sixth principal meridian. + +In witness whereof I have hereunto set my hand and caused the seal of +the United States to be affixed. + +[SEAL.] + +Done at the city of Washington, this 23d day of October, A.D. 1890, and +of the Independence of the United States the one hundred and fifteenth. + +BENJ. HARRISON. + +By the President: + ALVEY A. ADEE, + _Acting Secretary of State_. + + + +BY THE PRESIDENT OF THE UNITED STATES. + +A PROCLAMATION. + +By the grace and favor of Almighty God the people of this nation have +been led to the closing days of the passing year, which has been full +of the blessings of peace and the comforts of plenty. Bountiful +compensation has come to us for the work of our minds and of our hands +in every department of human industry. + +Now, therefore, I, Benjamin Harrison, President of the United States of +America, do hereby appoint Thursday, the 27th day of the present month +of November, to be observed as a day of prayer and thanksgiving; and +I do invite the people upon that day to cease from their labors, to +meet in their accustomed houses of worship, and to join in rendering +gratitude and praise to our beneficent Creator for the rich blessings +He has granted to us as a nation and in invoking the continuance of His +protection and grace for the future. I commend to my fellow-citizens the +privilege of remembering the poor, the homeless, and the sorrowful. Let +us endeavor to merit the promised recompense of charity and the gracious +acceptance of our praise. + +In testimony whereof I have hereunto set my hand and caused the seal of +the United States to be affixed. + +[SEAL.] + +Done at the city of Washington, this 8th day of November, A.D. 1890, and +of the Independence of the United States the one hundred and fifteenth. + +BENJ. HARRISON. + +By the President: + JAMES G. BLAINE, + _Secretary of State_. + + + +BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. + +A PROCLAMATION. + +Whereas an act of Congress in regard to collision at sea was approved +September 4, 1890, the said act being in the following words: + + _Be it enacted by the Senate and House of Representatives of the United + States of America in Congress assembled_, That in every case of + collision between two vessels it shall be the duty of the master or + person in charge of each vessel, if and so far as he can do so without + serious danger to his own vessel, crew, and passengers (if any), to stay + by the other vessel until he has ascertained that she has no need of + further assistance, and to render to the other vessel, her master, crew, + and passengers (if any), such assistance as may be practicable and as + may be necessary in order to save them from any danger caused by the + collision, and also to give to the master or person in charge of the + other vessel the name of his own vessel and her port of registry, or the + port or place to which she belongs, and also the name of the ports and + places from which and to which she is bound. If he fails so to do, and + no reasonable cause for such failure is shown, the collision shall, in + the absence of proof to the contrary, be deemed to have been caused by + his wrongful act, neglect, or default. + + SEC. 2. That every master or person in charge of a United States vessel + who fails, without reasonable cause, to render such assistance or give + such information as aforesaid shall be deemed guilty of a misdemeanor, + and shall be liable to a penalty of $1,000 or imprisonment for a term + not exceeding two years; and for the above sum the vessel shall be + liable and may be seized and proceeded against by process in any + district court of the United States by any person; one half such sum to + be payable to the informer and the other half to the United States. + + SEC. 3. That this act shall take effect at a time to be fixed by the + President by proclamation issued for that purpose. + + +And whereas it is provided by section 3 of the said act that it shall +take effect at a time to be fixed by the President by proclamation +issued for that purpose: + +Now, therefore, I, Benjamin Harrison, President of the United States of +America, do hereby, in virtue of the authority vested in me by section 3 +of the said act, proclaim the 15th day of December, 1890, as the day on +which the said act shall take effect. + +In testimony whereof I have hereunto set my hand and caused the seal of +the United States of America to be affixed. + +Done at the city of Washington, this 18th day of November, A.D. 1890, +and of the Independence of the United States the one hundred and +fifteenth. + +[SEAL.] + +BENJ. HARRISON. + +By the President: + JAMES G. BLAINE, + _Secretary of State_. + + + + +EXECUTIVE ORDERS. + + +AMENDMENT OF CIVIL-SERVICE RULES. + +Special Departmental Rule No. 1 is hereby amended so as to include among +the exceptions from examination in the Department of Agriculture the +following: + + Scientific or professional experts to be employed in investigations + specially authorized by Congress, but not to include any persons + regularly employed in that Department nor any persons whose duties + are not scientific or professional, and who are not experts in the + particular line of scientific or professional inquiry in which they + are to be employed. + + +Approved, January 29, 1890. + +BENJ. HARRISON. + + + +AMENDMENTS OF CIVIL-SERVICE RULES. + +Section 1 of Postal Rule II is hereby amended by adding to the subjects +of the clerk examination the following: "Reading addresses and physical +tests;" and to the subjects of carrier examination the following: +"Reading addresses." + +Approved, January 29, 1890. + +BENJ. HARRISON. + + + +AMENDMENT OF CIVIL-SERVICE RULES. + +Special Customs Rule No. 1 is hereby amended by adding thereto the +following: + + In the customs district of New York: Detectives employed exclusively + as such. + + +Approved, March 10, 1890. + +BENJ. HARRISON. + + + +AMENDMENT OF CIVIL-SERVICE RULES. + +That part of Special Departmental Rule No. 1 relating to the Coast and +Geodetic Survey, as printed on page 66 of the Fifth Annual Report of the +Commission, is hereby amended by striking out in line 3, after the word +"to," the words "general office assistant," and inserting in lieu +thereof the words "assistant in charge of office and topography;" so +that as amended the clause will read: "confidential clerk to assistant +in charge of office and topography." + +Approved, March 10, 1890. + +BENJ. HARRISON. + + + +AMENDMENTS OF CIVIL-SERVICE RULES. + +MARCH 28, 1890. + +Departmental Rule VII is hereby amended by adding thereto the following +section, to be numbered 7: + + 7. In case of temporary absence, from sickness or other unavoidable + cause, of clerks, copyists, or employees of other grades for which + examinations are held, there may be certified in the manner provided + for in this rule, and employed under such regulations as the heads of + the several Departments shall prescribe, substitutes for such clerks, + copyists, or other employees so absent; and such substitutes so employed + in any Department shall be appointed in the order of their employment + as substitutes to the regular grades of that Department without further + certification as vacancies to which they are eligible may occur therein + while so employed as substitutes, every such appointment to be at once + reported to the Commission: _Provided_, That no person while employed + as a substitute in one Department shall be certified as a substitute to + any other Department, and that no person employed as a substitute shall + by reason of such employment be deprived of any right of certification + for a regular place to which he maybe entitled under the rules: _And + provided further_, That service rendered as a substitute shall not be + ground for reinstatement under Departmental Rule X. The time during + which any substitute who shall be appointed to a regular place is + actually employed as such shall be counted as a part of his period of + probation. No substitute shall be employed in any Department otherwise + than as herein provided. + + +Special Departmental Rule No. 2 is hereby revoked. + +BENJ. HARRISON. + + + +[From McPherson's Hand Book of Politics for 1890.] + +EXECUTIVE MANSION, _April 24, 1890_. + +_To the Attorney-General_: + +I have had frequent occasion during the last six months to confer +with you in reference to the obstructions offered in the counties of +Leon, Gadsden, Madison, and Jefferson, in the State of Florida, to +the execution of the process of the courts of the United States. It is +not necessary to say more of the situation than that the officers of +the United States are not suffered freely to exercise their lawful +functions. This condition of things can not be longer tolerated. You +will therefore instruct United States Marshal Weeks as soon as he has +qualified to proceed at once to execute such writs of arrest as may be +placed in his hands. If he apprehends resistance, he will employ such +civil posse as may seem adequate to discourage resistance or to overcome +it. He should proceed with calmness and moderation, which should always +attend a public officer in the execution of his duty, and at the same +time with a firmness and courage that will impress the lawless with +a wholesome sense of the dangers and futility of resistance. You will +assure the officers of the law and those who have foolishly and wickedly +thought to set the law at defiance that every resource lodged with the +Executive by the Constitution and the laws will as the necessity arises +be employed to make it safe and feasible to hold a Federal commission +and to execute the duties it imposes. + +Very respectfully, + +BENJ. HARRISON. + + + +BY THE PRESIDENT OF THE UNITED STATES. + +EXECUTIVE ORDER. + +EXECUTIVE MANSION, _May 27, 1890_. + +_It is hereby ordered_, That the several Executive Departments and the +Government Printing Office be closed on Friday, the 30th instant, to +enable the employees to participate in the decoration of the graves of +the soldiers and sailors who fell in defense of the Union during the +War of the Rebellion. + +BENJ. HARRISON. + + + +AMENDMENT OF CIVIL-SERVICE RULES. + +UNITED STATES CIVIL SERVICE COMMISSION, + _Washington, D.C., May 31, 1890_. + +The PRESIDENT. + +SIR: This Commission has the honor to recommend that Special +Departmental Rule No. 1 be amended by adding to the exceptions from +examination therein declared the following: + +"In the Department of the Treasury, in the life-saving service: +Topographer and hydrographer." + +We have the honor to be, your obedient servants, + +CHAS. LYMAN, + THEODORE ROOSEVELT, + HUGH S. THOMPSON, + _United States Civil Service Commissioners_. + +Approved, June 3, 1890. + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _Washington, July 14, 1890_.[10] + +The death of John C. Frémont, a major-general on the retired list of +the Army of the United States, is an event calling for some appropriate +expression of the national sorrow and of a grateful appreciation of his +public services. His career was full of adventurous and useful discovery +and of devoted and conspicuous service both in civil and military +affairs. He opened the passes of the Rocky Mountains and gave value to +his discoveries by aiding to create an American State on the Pacific +Coast. + +_It is therefore ordered_, That the national flag be displayed at +half-mast upon all the buildings of the Executive Departments in this +city until after the funeral shall have taken place. + +By direction of the President: + +E.W. HALFORD, + _Private Secretary_. + +[Footnote 10: Addressed to the heads of the Executive Departments, etc.] + + + +AMENDMENTS OF CIVIL-SERVICE RULES. + +Departmental Rule VIII, section 1, clause (_b_), is hereby amended +by inserting after the word "transacted" the following: "and from +the office of the Solicitor of the Treasury;" and after the word +"Department" where it last occurs the following: "or to said office;" +so that as amended the clause will read: + + (_b_) From a bureau of the Treasury Department in which business + relating to the customs is transacted and from the office of the + Solicitor of the Treasury to a classified customs district, and from + such a district to such a bureau of the Treasury Department or to said + office, upon requisition by the Secretary of the Treasury. + + +Approved, July 23, 1890. + +BENJ. HARRISON. + + + +AMENDMENT OF CIVIL-SERVICE RULES. + +JULY 30, 1890. + +Special Departmental Rule No. 1 is hereby amended by adding to the +places excepted from examination in the Department of Agriculture the +following: + + Wood engravers. + + +BENJ. HARRISON. + + + +AMENDMENT OF CIVIL-SERVICE RULES. + +SEPTEMBER 2, 1890. + +Special Departmental Rule No. 1 is hereby amended by adding to the +places excepted from examination therein the following: + + In the Post-Office Department, office of the Postmaster-General: + Stenographer as confidential clerk to the chief post-office + inspector. + + +BENJ. HARRISON. + + + +AMENDMENT OF CIVIL-SERVICE RULES. + +OCTOBER 31, 1890. + +Section 7 of Railway Mail Rule IV is hereby amended by inserting in line +7, after the word "days," the following: "or until the emergency ceases." + +BENJ. HARRISON. + + + + +SECOND ANNUAL MESSAGE. + + +EXECUTIVE MANSION, _December 7, 1890_. + +_To the Senate and House of Representatives_: + +The reports of the several Executive Departments, which will be laid +before Congress in the usual course, will exhibit in detail the +operations of the Government for the last fiscal year. Only the more +important incidents and results, and chiefly such as may be the +foundation of the recommendations I shall submit, will be referred to +in this annual message. + +The vast and increasing business of the Government has been transacted +by the several Departments during the year with faithfulness, energy, +and success. + +The revenues, amounting to above $450,000,000, have been collected and +disbursed without revealing, so far as I can ascertain, a single case +of defalcation or embezzlement. An earnest effort has been made to +stimulate a sense of responsibility and public duty in all officers and +employees of every grade, and the work done by them has almost wholly +escaped unfavorable criticism. I speak of these matters with freedom +because the credit of this good work is not mine, but is shared by +the heads of the several Departments with the great body of faithful +officers and employees who serve under them. The closest scrutiny of +Congress is invited to all the methods of administration and to every +item of expenditure. + +The friendly relations of our country with the nations of Europe and of +the East have been undisturbed, while the ties of good will and common +interest that bind us to the States of the Western Hemisphere have been +notably strengthened by the conference held in this capital to consider +measures for the general welfare. Pursuant to the invitation authorized +by Congress, the representatives of every independent State of the +American continent and of Hayti met in conference in this capital in +October, 1889, and continued in session until the 19th of last April. +This important convocation marks a most interesting and influential +epoch in the history of the Western Hemisphere. It is noteworthy that +Brazil, invited while under an imperial form of government, shared +as a republic in the deliberations and results of the conference. The +recommendations of this conference were all transmitted to Congress +at the last session. + +The International Marine Conference, which sat at Washington last +winter, reached a very gratifying result. The regulations suggested have +been brought to the attention of all the Governments represented, and +their general adoption is confidently expected. The legislation of +Congress at the last session is in conformity with the propositions of +the conference, and the proclamation therein provided for will be issued +when the other powers have given notice of their adhesion. + +The Conference of Brussels, to devise means for suppressing the slave +trade in Africa, afforded an opportunity for a new expression of the +interest the American people feel in that great work. It soon became +evident that the measure proposed would tax the resources of the Kongo +Basin beyond the revenues available under the general act of Berlin of +1884. The United States, not being a party to that act, could not share +in its revision, but by a separate act the Independent State of the +Kongo was freed from the restrictions upon a customs revenue. The +demoralizing and destructive traffic in ardent spirits among the tribes +also claimed the earnest attention of the conference, and the delegates +of the United States were foremost in advocating measures for its +repression. An accord was reached the influence of which will be very +helpful and extend over a wide region. As soon as these measures shall +receive the sanction of the Netherlands, for a time withheld, the +general acts will be submitted for ratification by the Senate. Meanwhile +negotiations have been opened for a new and completed treaty of +friendship, commerce, and navigation between the United States and the +Independent State of the Kongo. + +Toward the end of the past year the only independent monarchical +government on the Western Continent, that of Brazil, ceased to exist, +and was succeeded by a republic. Diplomatic relations were at once +established with the new Government, but it was not completely +recognized until an opportunity had been afforded to ascertain that it +had popular approval and support. When the course of events had yielded +assurance of this fact, no time was lost in extending to the new +Government a full and cordial welcome into the family of American +Commonwealths. It is confidently believed that the good relations of the +two countries will be preserved and that the future will witness an +increased intimacy of intercourse and an expansion of their mutual +commerce. + +The peace of Central America has again been disturbed through a +revolutionary change in Salvador, which was not recognized by other +States, and hostilities broke out between Salvador and Guatemala, +threatening to involve all Central America in conflict and to undo +the progress which had been made toward a union of their interests. +The efforts of this Government were promptly and zealously exerted +to compose their differences and through the active efforts of the +representative of the United States a provisional treaty of peace was +signed August 26, whereby the right of the Republic of Salvador to +choose its own rulers was recognized. General Ezeta, the chief of the +Provisional Government, has since been confirmed in the Presidency by +the Assembly, and diplomatic recognition duly followed. + +The killing of General Barrundia on board the Pacific mail steamer +_Acapulco_, while anchored in transit in the port of San Jose de +Guatemala, demanded careful inquiry. Having failed in a revolutionary +attempt to invade Guatemala from Mexican territory, General Barrundia +took passage at Acapulco for Panama. The consent of the representatives +of the United States was sought to effect his seizure, first at +Champerico, where the steamer touched, and afterwards at San Jose. +The captain of the steamer refused to give up his passenger without a +written order from the United States minister. The latter furnished the +desired letter, stipulating as the condition of his action that General +Barrundia's life should be spared and that he should be tried only for +offenses growing out of his insurrectionary movements. This letter was +produced to the captain of the _Acapulco_ by the military commander at +San Jose as his warrant to take the passenger from the steamer. General +Barrundia resisted capture and was killed. It being evident that the +minister, Mr. Mizner, had exceeded the bounds of his authority in +intervening, in compliance with the demands of the Guatemalan +authorities, to authorize and effect, in violation of precedent, the +seizure on a vessel of the United States of a passenger in transit +charged with political offenses, in order that he might be tried for +such offenses under what was described as martial law. I was constrained +to disavow Mr. Mizner's act and recall him from his post. + +The Nicaragua Canal project, under the control of our citizens, is +making most encouraging progress, all the preliminary conditions and +initial operations having been accomplished within the prescribed time. + +During the past year negotiations have been renewed for the settlement +of the claims of American citizens against the Government of Chile, +principally growing out of the late war with Peru. The reports from our +minister at Santiago warrant the expectation of an early and +satisfactory adjustment. + +Our relations with China, which have for several years occupied so +important a place in our diplomatic history, have called for careful +consideration and have been the subject of much correspondence. + +The communications of the Chinese minister have brought into view the +whole subject of our conventional relations with his country, and at the +same time this Government, through its legation at Peking, has sought +to arrange various matters and complaints touching the interests and +protection of our citizens in China. + +In pursuance of the concurrent resolution of October 1, 1890, I have +proposed to the Governments of Mexico and Great Britain to consider a +conventional regulation of the passage of Chinese laborers across our +southern and northern frontiers. + +On the 22d day of August last Sir Edmund Monson, the arbitrator selected +under the treaty of December 6, 1888, rendered an award to the effect +that no compensation was due from the Danish Government to the United +States on account of what is commonly known as the Carlos Butterfield +claim. + +Our relations with the French Republic continue to be cordial. Our +representative at that court has very diligently urged the removal of +the restrictions imposed upon our meat products, and it is believed that +substantial progress has been made toward a just settlement. + +The Samoan treaty, signed last year at Berlin by the representatives of +the United States, Germany, and Great Britain, after due ratification +and exchange, has begun to produce salutary effects. The formation of +the government agreed upon will soon replace the disorder of the past by +a stable administration alike just to the natives and equitable to the +three powers most concerned in trade and intercourse with the Samoan +Islands. The chief justice has been chosen by the King of Sweden and +Norway on the invitation of the three powers, and will soon be +installed. The land commission and the municipal council are in process +of organization. A rational and evenly distributed scheme of taxation, +both municipal and upon imports, is in operation. Malietoa is respected +as King. + +The new treaty of extradition with Great Britain, after due +ratification, was proclaimed on the 25th of last March. Its beneficial +working is already apparent. + +The difference between the two Governments touching the fur-seal +question in the Bering Sea is not yet adjusted, as will be seen by the +correspondence which will soon be laid before the Congress. The offer +to submit the question to arbitration, as proposed by Her Majesty's +Government, has not been accepted, for the reason that the form of +submission proposed is not thought to be calculated to assure a +conclusion satisfactory to either party. It is sincerely hoped that +before the opening of another sealing season some arrangement may be +effected which will assure to the United States a property right derived +from Russia, which was not disregarded by any nation for more than +eighty years preceding the outbreak of the existing trouble. + +In the tariff act a wrong was done to the Kingdom of Hawaii which I am +bound to presume was wholly unintentional. Duties were levied on certain +commodities which are included in the reciprocity treaty now existing +between the United States and the Kingdom of Hawaii, without indicating +the necessary exception in favor of that Kingdom. I hope Congress will +repair what might otherwise seem to be a breach of faith on the part of +this Government. + +An award in favor of the United States in the matter of the claim of +Mr. Van Bokkelen against Hayti was rendered on the 4th of December, +1888, but owing to disorders then and afterwards prevailing in Hayti +the terms of payment were not observed. A new agreement as to the time +of payment has been approved and is now in force. Other just claims of +citizens of the United States for redress of wrongs suffered during the +late political conflict in Hayti will, it is hoped, speedily yield to +friendly treatment. + +Propositions for the amendment of the treaty of extradition between the +United States and Italy are now under consideration. + +You will be asked to provide the means of accepting the invitation of +the Italian Government to take part in an approaching conference to +consider the adoption of a universal prime meridian from which to reckon +longitude and time. As this proposal follows in the track of the reform +sought to be initiated by the Meridian Conference of Washington, held on +the invitation of this Government, the United States should manifest a +friendly interest in the Italian proposal. + +In this connection I may refer with approval to the suggestion of my +predecessors that standing provision be made for accepting, whenever +deemed advisable, the frequent invitations of foreign governments to +share in conferences looking to the advancement of international reforms +in regard to science, sanitation, commercial laws and procedure, and +other matters affecting the intercourse and progress of modern +communities. + +In the summer of 1889 an incident occurred which for some time +threatened to interrupt the cordiality of our relations with the +Government of Portugal. That Government seized the Delagoa Bay Railway, +which was constructed under a concession granted to an American citizen, +and at the same time annulled the charter. The concessionary, who had +embarked his fortune in the enterprise, having exhausted other means of +redress, was compelled to invoke the protection of his Government. Our +representations, made coincidently with those of the British Government, +whose subjects were also largely interested, happily resulted in the +recognition by Portugal of the propriety of submitting the claim for +indemnity growing out of its action to arbitration. This plan of +settlement having been agreed upon, the interested powers readily +concurred in the proposal to submit the case to the judgment of three +eminent jurists, to be designated by the President of the Swiss +Republic, who, upon the joint invitation of the Governments of the +United States, Great Britain, and Portugal, has selected persons well +qualified for the task before them. + +The revision of our treaty relations with the Empire of Japan has +continued to be the subject of consideration and of correspondence. +The questions involved are both grave and delicate; and while it will be +my duty to see that the interests of the United States are not by any +changes exposed to undue discrimination, I sincerely hope that such +revision as Will satisfy the legitimate expectations of the Japanese +Government and maintain the present and long-existing friendly relations +between Japan and the United States will be effected. + +The friendship between our country and Mexico, born of close +neighborhood and strengthened by many considerations of intimate +intercourse and reciprocal interest, has never been more conspicuous +than now nor more hopeful of increased benefit to both nations. The +intercourse of the two countries by rail, already great, is making +constant growth. The established lines and those recently projected add +to the intimacy of traffic and open new channels of access to fresh +areas of demand and supply. The importance of the Mexican railway system +will be further enhanced to a degree almost impossible to forecast if +it should become a link in the projected intercontinental railway. +I recommend that our mission in the City of Mexico be raised to the +first class. + +The cordial character of our relations with Spain warrants the hope +that by the continuance of methods of friendly negotiation much may be +accomplished in the direction of an adjustment of pending questions and +of the increase of our trade. The extent and development of our trade +with the island of Cuba invest the commercial relations of the United +States and Spain with a peculiar importance. It is not doubted that a +special arrangement in regard to commerce, based upon the reciprocity +provision of the recent tariff act, would operate most beneficially for +both Governments. This subject is now receiving attention. + +The restoration of the remains of John Ericsson to Sweden afforded a +gratifying occasion to honor the memory of the great inventor, to whose +genius our country owes so much, and to bear witness to the unbroken +friendship which has existed between the land which bore him and our +own, which claimed him as a citizen. + +On the 2d of September last the commission appointed to revise the +proceedings of the commission under the claims convention between the +United States and Venezuela of 1866 brought its labors to a close +within the period fixed for that purpose. The proceedings of the late +commission were characterized by a spirit of impartiality and a high +sense of justice, and an incident which was for many years the subject +of discussion between the two Governments has been disposed of in +a manner alike honorable and satisfactory to both parties. For the +settlement of the claim of the Venezuela Steam Transportation Company, +which was the subject of a joint resolution adopted at the last session +of Congress, negotiations are still in progress, and their early +conclusion is anticipated. + +The legislation of the past few years has evinced on the part of +Congress a growing realization of the importance of the consular service +in fostering our commercial relations abroad and in protecting the +domestic revenues. As the scope of operations expands increased +provision must be made to keep up the essential standard of efficiency. +The necessity of some adequate measure of supervision and inspection +has been so often presented that I need only commend the subject to +your attention. + +The revenues of the Government from all sources for the fiscal year +ending June 30, 1890, were $463,963,080.55 and the total expenditures +for the same period were $358,618,584.52. The postal receipts have not +heretofore been included in the statement of these aggregates, and for +the purpose of comparison the sum of $60,882,097.92 should be deducted +from both sides of the account. The surplus for the year, including the +amount applied to the sinking fund, was $105,344,496.03. The receipts +for 1890 were $16,030,923.79 and the expenditures $15,739,871 in excess +of those of 1889. The customs receipts increased $5,835,842.88 and the +receipts from internal revenue $11,725,191.89, while on the side of +expenditures that for pensions was $19,312,075.96 in excess of the +preceding year. + +The Treasury statement for the current fiscal year, partly actual +and partly estimated, is as follows: Receipts from all sources, +$406,000,000; total expenditures, $354,000,000, leaving a surplus of +$52,000,000, not taking the postal receipts into the account on either +side. The loss of revenue from customs for the last quarter is estimated +at $25,000,000, but from this is deducted a gain of about $16,000,000 +realized during the first four months of the year. + +For the year 1892 the total estimated receipts are $373,000,000 and the +estimated expenditures $357,852,209.42, leaving an estimated surplus +of $15,147,790.58, which, with a cash balance of $52,000,000 at the +beginning of the year, will give $67,147,790.58 as the sum available +for the redemption of outstanding bonds or other uses. The estimates of +receipts and expenditures for the Post-Office Department, being equal, +are not included in this statement on either side. + +The act "directing the purchase of silver bullion and the issue of +Treasury notes thereon," approved July 14, 1890, has been administered +by the Secretary of the Treasury with an earnest purpose to get into +circulation at the earliest possible dates the full monthly amounts of +Treasury notes contemplated by its provisions and at the same time to +give to the market for the silver bullion such support as the law +contemplates. The recent depreciation in the price of silver has been +observed with regret. The rapid rise in price which anticipated and +followed the passage of the act was influenced in some degree by +speculation, and the recent reaction is in part the result of the same +cause and in part of the recent monetary disturbances. Some months of +further trial will be necessary to determine the permanent effect of the +recent legislation upon silver values, but it is gratifying to know that +the increased circulation secured by the act has exerted, and will +continue to exert, a most beneficial influence upon business and upon +general values. + +While it has not been thought best to renew formally the suggestion of +an international conference looking to an agreement touching the full +use of silver for coinage at a uniform ratio, care has been taken to +observe closely any change in the situation abroad, and no favorable +opportunity will be lost to promote a result which it is confidently +believed would confer very large benefits upon the commerce of the +world. + +The recent monetary disturbances in England are not unlikely to suggest +a reexamination of opinions upon this subject. Our very large supply of +gold will, if not lost by impulsive legislation in the supposed interest +of silver, give us a position of advantage in promoting a permanent and +safe international agreement for the free use of silver as a coin metal. + +The efforts of the Secretary to increase the volume of money in +circulation by keeping down the Treasury surplus to the lowest +practicable limit have been unremitting and in a very high degree +successful. The tables presented by him showing the increase of money +in circulation during the last two decades, and especially the table +showing the increase during the nineteen months he has administered the +affairs of the Department, are interesting and instructive. The increase +of money in circulation during the nineteen months has been in the +aggregate $93,866,813, or about $1.50 per capita, and of this increase +only $7,100,000 was due to the recent silver legislation. That this +substantial and needed aid given to commerce resulted in an enormous +reduction of the public debt and of the annual interest charge is matter +of increased satisfaction. There have been purchased and redeemed since +March 4, 1889, 4 and 4-1/2 per cent bonds to the amount of $211,832,450, +at a cost of $246,620,741, resulting in the reduction of the annual +interest charge of $8,967,609 and a total saving of interest of +$51,576,706. + +I notice with great pleasure the statement of the Secretary that the +receipts from internal revenue have increased during the last fiscal +year nearly $12,000,000, and that the cost of collecting this larger +revenue was less by $90,617 than for the same purpose in the preceding +year. The percentage of cost of collecting the customs revenue was less +for the last fiscal year than ever before. + +The Customs Administration Board, provided for by the act of June 10, +1890, was selected with great care, and is composed in part of men whose +previous experience in the administration of the old customs regulations +had made them familiar with the evils to be remedied, and in part of men +whose legal and judicial acquirements and experience seemed to fit them +for the work of interpreting and applying the new statute. The chief aim +of the law is to secure honest valuations of all dutiable merchandise +and to make these valuations uniform at all our ports of entry. It had +been made manifest by a Congressional investigation that a system of +undervaluation had been long in use by certain classes of importers, +resulting not only in a great loss of revenue, but in a most intolerable +discrimination against honesty. It is not seen how this legislation, +when it is understood, can be regarded by the citizens of any country +having commercial dealings with us as unfriendly. If any duty is +supposed to be excessive, let the complaint be lodged there. It will +surely not be claimed by any well-disposed people that a remedy may be +sought and allowed in a system of quasi smuggling. + +The report of the Secretary of War exhibits several gratifying results +attained during the year by wise and unostentatious methods. The +percentage of desertions from the Army (an evil for which both Congress +and the Department have long been seeking a remedy) has been reduced +during the past year 24 per cent, and for the months of August and +September, during which time the favorable effects of the act of June 16 +were felt, 33 per cent, as compared with the same months of 1889. + +The results attained by a reorganization and consolidation of the +divisions having charge of the hospital and service records of the +volunteer soldiers are very remarkable. This change was effected in +July, 1889, and at that time there were 40,654 cases awaiting attention, +more than half of these being calls from the Pension Office for +information necessary to the adjudication of pension claims. On the 30th +day of June last, though over 300,000 new calls had come in, there was +not a single case that had not been examined and answered. + +I concur in the recommendations of the Secretary that adequate and +regular appropriations be continued for coast-defense works and +ordnance. Plans have been practically agreed upon, and there can be no +good reason for delaying the execution of them, while the defenseless +state of our great seaports furnishes an urgent reason for wise +expedition. + +The encouragement that has been extended to the militia of the States, +generally and most appropriately designated the "National Guard," should +be continued and enlarged. These military organizations constitute in a +large sense the Army of the United States, while about five-sixths of +the annual cost of their maintenance is defrayed by the States. + +The report of the Attorney-General is under the law submitted directly +to Congress, but as the Department of Justice is one of the Executive +Departments some reference to the work done is appropriate here. + +A vigorous and in the main an effective effort has been made to bring to +trial and punishment all violators of the law, but at the same time care +has been taken that frivolous and technical offenses should not be used +to swell the fees of officers or to harass well-disposed citizens. +Especial attention is called to the facts connected with the prosecution +of violations of the election laws and of offenses against United States +officers. The number of convictions secured, very many of them upon +pleas of guilty, will, it is hoped, have a salutary restraining +influence. There have been several cases where postmasters appointed by +me have been subjected to violent interference in the discharge of their +official duties and to persecutions and personal violence of the most +extreme character. Some of these cases have been dealt with through the +Department of Justice, and in some cases the post-offices have been +abolished or suspended. I have directed the Postmaster-General to pursue +this course in all cases where other efforts failed to secure for any +postmaster not himself in fault an opportunity peacefully to exercise +the duties of his office. But such action will not supplant the efforts +of the Department of Justice to bring the particular offenders to +punishment. + +The vacation by judicial decrees of fraudulent certificates of +naturalization, upon bills in equity filed by the Attorney-General +in the circuit court of the United States, is a new application of a +familiar equity jurisdiction. Nearly one hundred such decrees have been +taken during the year, the evidence disclosing that a very large number +of fraudulent certificates of naturalization have been issued. And in +this connection I beg to renew my recommendation that the laws be so +amended as to require a more full and searching inquiry into all the +facts necessary to naturalization before any certificates are granted. +It certainly is not too much to require that an application for American +citizenship shall be heard with as much care and recorded with as much +formality as are given to cases involving the pettiest property right. + +At the last session I returned without my approval a bill entitled +"An act to prohibit bookmaking and pool selling in the District of +Columbia," and stated my objection to be that it did not prohibit but in +fact licensed what it purported to prohibit.[11] An effort will be made +under existing laws to suppress this evil, though it is not certain that +they will be found adequate. + +The report of the Postmaster-General shows the most gratifying progress +in the important work committed to his direction, The business methods +have been greatly improved. A large economy in expenditures and an +increase of four and three-quarters millions in receipts have been +realized. The deficiency this year is $5,786,300, as against $6,350,183 +last year, notwithstanding the great enlargement of the service. +Mail routes have been extended and quickened and greater accuracy and +dispatch in distribution and delivery have been attained. The report +will be found to be full of interest and suggestion, not only to +Congress, but to those thoughtful citizens who may be interested +to know what business methods can do for that department of public +administration which most nearly touches all our people. + +The passage of the act to amend certain sections of the Revised Statutes +relating to lotteries, approved September 19, 1890, has been received +with great and deserved popular favor. The Post-Office Department and +the Department of Justice at once entered upon the enforcement of the +law with sympathetic vigor, and already the public mails have been +largely freed from the fraudulent and demoralizing appeals and +literature emanating from the lottery companies. + +The construction and equipment of the new ships for the Navy have made +very satisfactory progress. Since March 4, 1889, nine new vessels have +been put in commission, and during this winter four more, including one +monitor, will be added. The construction of the other vessels authorized +is being pushed both in the Government and private yards with energy and +watched with the most scrupulous care. + +The experiments conducted during the year to test the relative +resisting power of armor plates have been so valuable as to attract +great attention in Europe. The only part of the work upon the new ships +that is threatened by unusual delay is the armor plating, and every +effort is being made to reduce that to the minimum. It is a source of +congratulation that the anticipated influence of these modern vessels +upon the _esprit de corps_ of the officers and seamen has been fully +realized. Confidence and pride in the ship among the crew are equivalent +to a secondary battery. Your favorable consideration is invited to the +recommendations of the Secretary. + +The report of the Secretary of the Interior exhibits with great fullness +and clearness the vast work of that Department and the satisfactory +results attained. The suggestions made by him are earnestly commended, +to the consideration of Congress, though they can not all be given +particular mention here. + +The several acts of Congress looking to the reduction of the larger +Indian reservations, to the more rapid settlement of the Indians upon +individual allotments, and the restoration to the public domain of lands +in excess of their needs have been largely carried into effect so far as +the work was confided to the Executive. Agreements have been concluded +since March 4, 1889, involving the cession to the United States of about +14,726,000 acres of land. These contracts have, as required by law, +been submitted to Congress for ratification and for the appropriations +necessary to carry them into effect. Those with the Sisseton and +Wahpeton, Sac and Fox, Iowa, Pottawatomies and Absentee Shawnees, and +Coeur d'Alene tribes have not yet received the sanction of Congress. +Attention is also called to the fact that the appropriations made in the +case of the Sioux Indians have not covered all the stipulated payments. +This should be promptly corrected. If an agreement is confirmed, all of +its terms should be complied with without delay and full appropriations +should be made. + +The policy outlined in my last annual message in relation to the +patenting of lands to settlers upon the public domain[12] has been +carried out in the administration of the Land Office. No general +suspicion or imputation of fraud has been allowed to delay the hearing +and adjudication of individual cases upon their merits. The purpose has +been to perfect the title of honest settlers with such promptness that +the value of the entry might not be swallowed up by the expense and +extortions to which delay subjected the claimant. The average monthly +issue of agricultural patents has been increased about 6,000. + +The disability-pension act, which was approved on the 27th of June last, +has been put into operation as rapidly as was practicable. The increased +clerical force provided was selected and assigned to work, and a +considerable part of the force engaged in examinations in the field was +recalled and added to the working force of the office. The examination +and adjudication of claims have by reason of improved methods been more +rapid than ever before. There is no economy to the Government in delay, +while there is much hardship and injustice to the soldier. The +anticipated expenditure, while very large, will not, it is believed, be +in excess of the estimates made before the enactment of the law. This +liberal enlargement of the general law should suggest a more careful +scrutiny of bills for special relief, both as to the cases where relief +is granted and as to the amount allowed. + +The increasing numbers and influence of the non-Mormon population of +Utah are observed with satisfaction. The recent letter of Wilford +Woodruff, president of the Mormon Church, in which he advised his people +"to refrain from contracting any marriage forbidden by the laws of the +land," has attracted wide attention, and it is hoped that its influence +will be highly beneficial in restraining infractions of the laws of the +United States. But the fact should not be overlooked that the doctrine +or belief of the church that polygamous marriages are rightful and +supported by divine revelation remains unchanged. President Woodruff +does not renounce the doctrine, but refrains from teaching it, and +advises against the practice of it because the law is against it. Now, +it is quite true that the law should not attempt to deal with the faith +or belief of anyone; but it is quite another thing, and the only safe +thing, so to deal with the Territory of Utah as that those who believe +polygamy to be rightful shall not have the power to make it lawful. + +The admission of the States of Wyoming and Idaho to the Union are events +full of interest and congratulation, not only to the people of those +States now happily endowed with a full participation in our privileges +and responsibilities, but to all our people. Another belt of States +stretches from the Atlantic to the Pacific. + +The work of the Patent Office has won from all sources very high +commendation. The amount accomplished has been very largely increased, +and all the results have been such as to secure confidence and +consideration for the suggestions of the Commissioner. + +The enumeration of the people of the United States under the provisions +of the act of March 1, 1889, has been completed, and the result will +be at once officially communicated to Congress. The completion of this +decennial enumeration devolves upon Congress the duty of making a new +apportionment of Representatives "among the several States according to +their respective numbers." + +At the last session I had occasion to return with my objections several +bills making provisions for the erection of public buildings for the +reason that the expenditures contemplated were, in my opinion, greatly +in excess of any public need. No class of legislation is more liable +to abuse or to degenerate into an unseemly scramble about the public +Treasury than this. There should be exercised in this matter a wise +economy, based upon some responsible and impartial examination and +report as to each case, under a general law. + +The report of the Secretary of Agriculture deserves especial attention +in view of the fact that the year has been marked in a very unusual +degree by agitation and organization among the farmers looking to an +increase in the profits of their business. It will be found that the +efforts of the Department have been intelligently and zealously devoted +to the promotion of the interests intrusted to its care. + +A very substantial improvement in the market prices of the leading farm +products during the year is noticed. The price of wheat advanced from +81 cents in October, 1889, to $1.00-3/4 in October, 1890; corn from 31 +cents to 50-1/4 cents; oats from 19-1/4 cents to 43 cents, and barley +from 63 cents to 78 cents. Meats showed a substantial but not so large +an increase. The export trade in live animals and fowls shows a very +large increase. The total value of such exports for the year ending June +30, 1890, was $33,000,000, and the increase over the preceding year was +over $15,000,000. Nearly 200,000 more cattle and over 45,000 more hogs +were exported than in the preceding year. The export trade in beef and +pork products and in dairy products was very largely increased, the +increase in the article of butter alone being from 15,504,978 pounds to +29,748,042 pounds, and the total increase in the value of meat and dairy +products exported being $34,000,000. This trade, so directly helpful +to the farmer, it is believed, will be yet further and very largely +increased when the system of inspection and sanitary supervision now +provided by law is brought fully into operation. + +The efforts of the Secretary to establish the healthfulness of our meats +against the disparaging imputations that have been put upon them abroad +have resulted in substantial progress. Veterinary surgeons sent out by +the Department are now allowed to participate in the inspection of the +live cattle from this country landed at the English docks, and during +the several months they have been on duty no case of contagious +pleuro-pneumonia has been reported. This inspection abroad and the +domestic inspection of live animals and pork products provided for by +the act of August 30, 1890, will afford as perfect a guaranty for the +wholesomeness of our meats offered for foreign consumption as is +anywhere given to any food product, and its nonacceptance will quite +clearly reveal the real motive of any continued restriction of their +use, and that having been made clear the duty of the Executive will be +very plain. + +The information given by the Secretary of the progress and prospects of +the beet-sugar industry is full of interest. It has already passed the +experimental stage and is a commercial success. The area over which the +sugar beet can be successfully cultivated is very large, and another +field crop of great value is offered to the choice of the farmer. + +The Secretary of the Treasury concurs in the recommendation of the +Secretary of Agriculture that the official supervision provided by the +tariff law for sugar of domestic production shall be transferred to the +Department of Agriculture. + +The law relating to the civil service has, so far as I can learn, been +executed by those having the power of appointment in the classified +service with fidelity and impartiality, and the service has been +increasingly satisfactory. The report of the Commission shows a large +amount of good work done during the year with very limited +appropriations. + +I congratulate the Congress and the country upon the passage at the +first session of the Fifty-first Congress of an unusual number of laws +of very high importance. That the results of this legislation will be +the quickening and enlargement of our manufacturing industries, larger +and better markets for our breadstuffs and provisions both at home and +abroad, more constant employment and better wages for our working +people, and an increased supply of a safe currency for the transaction +of business, I do not doubt. Some of these measures were enacted at so +late a period that the beneficial effects upon commerce which were in +the contemplation of Congress have as yet but partially manifested +themselves. + +The general trade and industrial conditions throughout the country +during the year have shown a marked improvement. For many years prior to +1888 the merchandise balances of foreign trade had been largely in our +favor, but during that year and the year following they turned against +us. It is very gratifying to know that the last fiscal year again shows +a balance in our favor of over $68,000,000. The bank clearings, which +furnish a good test of the volume of business transacted, for the first +ten months of the year 1890 show as compared with the same months of +1889 an increase for the whole country of about 8.4 per cent, while the +increase outside of the city of New York was over 13 per cent. During +the month of October the clearings of the whole country showed an +increase of 3.1 per cent over October, 1889, while outside of New York +the increase was 11.5 per cent. These figures show that the increase in +the volume of business was very general throughout the country. That +this larger business was being conducted upon a safe and profitable +basis is shown by the fact that there were 300 less failures reported +in October, 1890, than in the same month of the preceding year, with +liabilities diminished by about $5,000,000. + +The value of our exports of domestic merchandise during the last year +was over $115,000,000 greater than the preceding year, and was only +exceeded once in our history. About $100,000,000 of this excess was in +agricultural products. The production of pig iron, always a good gauge +of general prosperity, is shown by a recent census bulletin to have been +153 per cent greater in 1890 than in 1880, and the production of steel +290 per cent greater. Mining in coal has had no limitation except that +resulting from deficient transportation. The general testimony is that +labor is everywhere fully employed, and the reports for the last year +show a smaller number of employees affected by strikes and lockouts than +in any year since 1884. The depression in the prices of agricultural +products had been greatly relieved and a buoyant and hopeful tone was +beginning to be felt by all our people. + +These promising influences have been in some degree checked by the +surprising and very unfavorable monetary events which have recently +taken place in England. It is gratifying to know that these did not grow +in any degree out of the financial relations of London with our people +or out of any discredit attached to our securities held in that market. +The return of our bonds and stocks was caused by a money stringency +in England, not by any loss of value or credit in the securities +themselves. We could not, however, wholly escape the ill effects of a +foreign monetary agitation accompanied by such extraordinary incidents +as characterized this. It is not believed, however, that these evil +incidents, which have for the time unfavorably affected values in this +country, can long withstand the strong, safe, and wholesome influences +which are operating to give to our people profitable returns in all +branches of legitimate trade and industry. The apprehension that our +tariff may again and at once be subjected to important general changes +would undoubtedly add a depressing influence of the most serious +character. + +The general tariff act has only partially gone into operation, some of +its important provisions being limited to take effect at dates yet in +the future. The general provisions of the law have been in force less +than sixty days. Its permanent effects upon trade and prices still +largely stand in conjecture. It is curious to note that the advance in +the prices of articles wholly unaffected by the tariff act was by many +hastily ascribed to that act. Notice was not taken of the fact that the +general tendency of the markets was upward, from influences wholly apart +from the recent tariff legislation. The enlargement of our currency by +the silver bill undoubtedly gave an upward tendency to trade and had +a marked effect on prices; but this natural and desired effect of the +silver legislation was by many erroneously attributed to the tariff act. + +There is neither wisdom nor justice in the suggestion that the subject +of tariff revision shall be again opened before this law has had a +fair trial. It is quite true that every tariff schedule is subject to +objections. No bill was ever framed, I suppose, that in all of its rates +and classifications had the full approval even of a party caucus. Such +legislation is always and necessarily the product of compromise as to +details, and the present law is no exception. But in its general scope +and effect I think it will justify the support of those who believe that +American legislation should conserve and defend American trade and the +wages of American workmen. + +The misinformation as to the terms of the act which has been so widely +disseminated at home and abroad will be corrected by experience, and the +evil auguries as to its results confounded by the market reports, the +savings banks, international trade balances, and the general prosperity +of our people. Already we begin to hear from abroad and from our +custom-houses that the prohibitory effect upon importations imputed to +the act is not justified. The imports at the port of New York for the +first three weeks of November were nearly 8 per cent greater than for +the same period in 1889 and 29 per cent greater than in the same period +of 1888. And so far from being an act to limit exports, I confidently +believe that under it we shall secure a larger and more profitable +participation in foreign trade than we have ever enjoyed, and that we +shall recover a proportionate participation in the ocean carrying trade +of the world. + +The criticisms of the bill that have come to us from foreign sources +may well be rejected for repugnancy. If these critics really believe +that the adoption by us of a free-trade policy, or of tariff rates +having reference solely to revenue, would diminish the participation +of their own countries in the commerce of the world, their advocacy +and promotion, by speech and other forms of organized effort, of this +movement among our people is a rare exhibition of unselfishness in +trade. And, on the other hand, if they sincerely believe that the +adoption of a protective-tariff policy by this country inures to their +profit and our hurt, it is noticeably strange that they should lead the +outcry against the authors of a policy so helpful to their countrymen +and crown with their favor those who would snatch from them a +substantial share of a trade with other lands already inadequate to +their necessities. + +There is no disposition among any of our people to promote prohibitory +or retaliatory legislation. Our policies are adopted not to the hurt of +others, but to secure for ourselves those advantages that fairly grow +out of our favored position as a nation. Our form of government, with +its incident of universal suffrage, makes it imperative that we shall +save our working people from the agitations and distresses which scant +work and wages that have no margin for comfort always beget. But after +all this is done it will be found that our markets are open to friendly +commercial exchanges of enormous value to the other great powers. + +From the time of my induction into office the duty of using every +power and influence given by law to the executive department for the +development of larger markets for our products, especially our farm +products, has been kept constantly in mind, and no effort has been or +will be spared to promote that end. We are under no disadvantage in any +foreign market, except that we pay our workmen and workwomen better +wages than are paid elsewhere--better abstractly, better relatively to +the cost of the necessaries of life. I do not doubt that a very largely +increased foreign trade is accessible to us without bartering for it +either our home market for such products of the farm and shop as our own +people can supply or the wages of our working people. + +In many of the products of wood and iron and in meats and bread-stuffs +we have advantages that only need better facilities of intercourse and +transportation to secure for them large foreign markets. The reciprocity +clause of the tariff act wisely and effectively opens the way to secure +a large reciprocal trade in exchange for the free admission to our ports +of certain products. The right of independent nations to make special +reciprocal trade concessions is well established, and does not +impair either the comity due to other powers or what is known as the +"favored-nation clause," so generally found in commercial treaties. What +is given to one for an adequate agreed consideration can not be claimed +by another freely. The state of the revenues was such that we could +dispense with any import duties upon coffee, tea, hides, and the lower +grades of sugar and molasses. That the large advantage resulting to the +countries producing and exporting these articles by placing them on the +free list entitled us to expect a fair return in the way of customs +concessions upon articles exported by us to them was so obvious that to +have gratuitously abandoned this opportunity to enlarge our trade would +have been an unpardonable error. + +There were but two methods of maintaining control of this question open +to Congress--to place all of these articles upon the dutiable list, +subject to such treaty agreements as could be secured, or to place them +all presently upon the free list, but subject to the reimposition of +specified duties if the countries from which we received them should +refuse to give to us suitable reciprocal benefits. This latter method, +I think, possesses great advantages. It expresses in advance the consent +of Congress to reciprocity arrangements affecting these products, which +must otherwise have been delayed and unascertained until each treaty +was ratified by the Senate and the necessary legislation enacted by +Congress. Experience has shown that some treaties looking to reciprocal +trade have failed to secure a two-thirds vote in the Senate for +ratification, and others having passed that stage have for years awaited +the concurrence of the House and Senate in such modifications of our +revenue laws as were necessary to give effect to their provisions. We +now have the concurrence of both Houses in advance in a distinct and +definite offer of free entry to our ports of specific articles. The +Executive is not required to deal in conjecture as to what Congress will +accept. Indeed, this reciprocity provision is more than an offer. Our +part of the bargain is complete; delivery has been made; and when the +countries from which we receive sugar, coffee, tea, and hides have +placed on their free lists such of our products as shall be agreed +upon as an equivalent for our concession, a proclamation of that fact +completes the transaction; and in the meantime our own people have +free sugar, tea, coffee, and hides. + +The indications thus far given are very hopeful of early and +favorable action by the countries from which we receive our large +imports of coffee and sugar, and it is confidently believed that if +steam communication with these countries can be promptly improved and +enlarged the next year will show a most gratifying increase in our +exports of breadstuffs provisions, as well as of some important lines +of manufactured goods. + +In addition to the important bills that became laws before the +adjournment of the last session, some other bills of the highest +importance were well advanced toward a final vote and now stand upon the +calendars of the two Houses in favored positions. The present session +has a fixed limit, and if these measures are not now brought to a final +vote all the work that has been done upon them by this Congress is lost. +The proper consideration of these, of an apportionment bill, and of the +annual appropriation bills will require not only that no working day of +the session shall be lost, but that measures of minor and local interest +shall not be allowed to interrupt or retard the progress of those that +are of universal interest. In view of these conditions, I refrain from +bringing before you at this time some suggestions that would otherwise +be made, and most earnestly invoke your attention to the duty of +perfecting the important legislation now well advanced. To some of these +measures, which seem to me most important, I now briefly call your +attention. + +I desire to repeat with added urgency the recommendations contained +in my last annual message in relation to the development of American +steamship lines.[13] The reciprocity clause of the tariff bill will be +largely limited and its benefits retarded and diminished if provision is +not contemporaneously made to encourage the establishment of first-class +steam communication between our ports and the ports of such nations as +may meet our overtures for enlarged commercial exchanges. The steamship, +carrying the mails statedly and frequently and offering to passengers a +comfortable, safe, and speedy transit, is the first condition of foreign +trade. It carries the order or the buyer, but not all that is ordered or +bought. It gives to the sailing vessels such cargoes as are not urgent +or perishable, and, indirectly at least, promotes that important adjunct +of commerce. There is now both in this country and in the nations of +Central and South America a state of expectation and confidence as to +increased trade that will give a double value to your prompt action upon +this question. + +The present situation of our mail communication with Australia +illustrates the importance of early action by Congress. The Oceanic +Steamship Company maintains a line of steamers between San Francisco, +Sydney, and Auckland consisting of three vessels, two of which are of +United States registry and one of foreign registry. For the service done +by this line in carrying the mails we pay annually the sum of $46,000, +being, as estimated, the full sea and United States inland postage, +which is the limit fixed by law. The colonies of New South Wales and New +Zealand have been paying annually to these lines £37,000 for carrying +the mails from Sydney and Auckland to San Francisco. The contract under +which this payment has been made is now about to expire, and those +colonies have refused to renew the contract unless the United States +shall pay a more equitable proportion of the whole sum necessary to +maintain, the service. + +I am advised by the Postmaster-General that the United States receives +for carrying the Australian mails, brought to San Francisco in these +steamers, by rail to Vancouver, an estimated annual income of $75,000. +while, as I have stated, we are paying out for the support of the +steamship line that brings this mail to us only $46,000, leaving an +annual surplus resulting from this service of $29,000. The trade of the +United States with Australia, which is in a considerable part carried by +these steamers, and the whole of which is practically dependent upon the +mail communication which they maintain, is largely in our favor. Our +total exports of merchandise to Australasian ports during the fiscal +year ending June 30, 1890, were $11,266,484, while the total imports of +merchandise from these ports were only $4,277,676. If we are not willing +to see this important steamship line withdrawn, or continued with +Vancouver substituted for San Francisco as the American terminal, +Congress should put it in the power of the Postmaster-General to make a +liberal increase in the amount now paid for the transportation of this +important mail. + +The South Atlantic and Gulf ports occupy a very favored position toward +the new and important commerce which the reciprocity clause of the +tariff act and the postal shipping bill are designed to promote. +Steamship lines from these ports to some northern port of South America +will almost certainly effect a connection between the railroad systems +of the continents long before any continuous line of railroads can be +put into operation. The very large appropriation made at the last +session for the harbor of Galveston was justified, as it seemed to me, +by these considerations. The great Northwest will feel the advantage of +trunk lines to the South as well as to the East and of the new markets +opened for their surplus food products and for many of their +manufactured products. + +I had occasion in May last to transmit to Congress a report adopted +by the International American Conference upon the subject of the +incorporation of an international American bank, with a view to +facilitating money exchanges between the States represented in that +conference.[14] Such an institution would greatly promote the trade we +are seeking to develop. I renew the recommendation that a careful and +well-guarded charter be granted. I do not think the powers granted +should include those ordinarily exercised by trust, guaranty, and +safe-deposit companies, or that more branches in the United States +should be authorized than are strictly necessary to accomplish the +object primarily in view, namely, convenient foreign exchanges. It is +quite important that prompt action should be taken in this matter, +in order that any appropriations for better communication with these +countries and any agreements that may be made for reciprocal trade +may not be hindered by the inconvenience of making exchanges through +European money centers or burdened by the tribute which is an incident +of that method of business. + +The bill for the relief of the Supreme Court has after many years of +discussion reached a position where final action is easily attainable, +and it is hoped that any differences of opinion may be so harmonized as +to save the essential features of this very important measure. In this +connection I earnestly renew my recommendation that the salaries of the +judges of the United States district courts be so readjusted that none +of them shall receive less than $5,000 per annum. + +The subject of the unadjusted Spanish and Mexican land grants and the +urgent necessity for providing some commission or tribunal for the trial +of questions of title growing out of them were twice brought by me to +the attention of Congress at the last session. Bills have been reported +from the proper committees in both Houses upon the subject, and I very +earnestly hope that this Congress will put an end to the delay which +has attended the settlement of the disputes as to the title between the +settlers and the claimants under these grants. These disputes retard the +prosperity and disturb the peace of large and important communities. +The governor of New Mexico in his last report to the Secretary of the +Interior suggests some modifications of the provisions of the pending +bills relating to the small holdings of farm lands. I commend to your +attention the suggestions of the Secretary of the Interior upon this +subject. + +The enactment of a national bankrupt law I still regard as very +desirable. The Constitution having given to Congress jurisdiction of +this subject, it should be exercised and uniform rules provided for the +administration of the affairs of insolvent debtors. The inconveniences +resulting from the occasional and temporary exercise of this power by +Congress and from the conflicting State codes of insolvency which come +into force intermediately should be removed by the enactment of a +simple, inexpensive, and permanent national bankrupt law. + +I also renew my recommendation in favor of legislation affording just +copyright protection to foreign authors on a footing of reciprocal +advantage for our authors abroad. + +It may still be possible for this Congress to inaugurate by suitable +legislation a movement looking to uniformity and increased safety in the +use of couplers and brakes upon freight trains engaged in interstate +commerce. The chief difficulty in the way is to secure agreement +as to the best appliances, simplicity, effectiveness, and cost being +considered. This difficulty will only yield to legislation, which should +be based upon full inquiry and impartial tests. The purpose should be to +secure the cooperation of all well-disposed managers and owners; but the +fearful fact that every year's delay involves the sacrifice of 2,000 +lives and the maiming of 20,000 young men should plead both with +Congress and the managers against any needless delay. + +The subject of the conservation and equal distribution of the water +supply of the arid regions has had much attention from Congress, but has +not as yet been put upon a permanent and satisfactory basis. The urgency +of the subject does not grow out of any large present demand for the use +of these lands for agriculture, but out of the danger that the water +supply and the sites for the necessary catch basins may fall into the +hands of individuals or private corporations and be used to render +subservient the large areas dependent upon such supply. The owner of +the water is the owner of the lands, however the titles may run. All +unappropriated natural water sources and all necessary reservoir sites +should be held by the Government for the equal use at fair rates of the +homestead settlers who will eventually take up these lands. The United +States should not, in my opinion, undertake the construction of dams or +canals, but should limit its work to such surveys and observations as +will determine the water supply, both surface and subterranean, the +areas capable of irrigation, and the location and storage capacity +of reservoirs. This done, the use of the water and of the reservoir +sites might be granted to the respective States or Territories or to +individuals or associations upon the condition that the necessary +works should be constructed and the water furnished at fair rates +without discrimination, the rates to be subject to supervision by the +legislatures or by boards of water commissioners duly constituted. The +essential thing to be secured is the common and equal use at fair rates +of the accumulated water supply. It were almost better that these lands +should remain arid than that those who occupy them should become the +slaves of unrestrained monopolies controlling the one essential element +of land values and crop results. + +The use of the telegraph by the Post-Office Department as a means for +the rapid transmission of written communications is, I believe, upon +proper terms, quite desirable. The Government does not own or operate +the railroads, and it should not, I think, own or operate the telegraph +lines. It does, however, seem to be quite practicable for the Government +to contract with the telegraph companies, as it does with railroad +companies, to carry at specified rates such communications as the +senders may designate for this method of transmission. I recommend that +such legislation be enacted as will enable the Post-Office Department +fairly to test by experiment the advantages of such a use of the +telegraph. + +If any intelligent, and loyal company of American citizens were required +to catalogue the essential human conditions of national life, I do not +doubt that with absolute unanimity they would begin with "free and +honest elections." And it is gratifying to know that generally there is +a growing and nonpartisan demand for better election laws; but against +this sign of hope and progress must be set the depressing and undeniable +fact that election laws and methods are sometimes cunningly contrived to +secure minority control, while violence completes the shortcomings of +fraud. + +In my last annual message I suggested that the development of the +existing law providing a Federal supervision of Congressional elections +offered an effective method of reforming these abuses.[15] The need +of such a law has manifested itself in many parts of the country, and +its wholesome restraints and penalties will be useful in all. The +constitutionality of such legislation has been affirmed by the Supreme +Court. Its probable effectiveness is evidenced by the character of the +opposition that is made to it. It has been denounced as if it were a +new exercise of Federal power and an invasion of the rights of States. +Nothing could be further from the truth. Congress has already fixed the +time for the election of members of Congress. It has declared that votes +for members of Congress must be by written or printed ballot; it has +provided for the appointment by the circuit courts in certain cases, +and upon the petition of a certain number of citizens, of election +supervisors, and made it their duty to supervise the registration of +voters conducted by the State officers; to challenge persons offering to +register; to personally inspect and scrutinize the registry lists, and +to affix their names to the lists for the purpose of identification and +the prevention of frauds; to attend at elections and remain with the +boxes till they are all cast and counted; to attach to the registry +lists and election returns any statement touching the accuracy and +fairness of the registry and election, and to take and transmit to +the Clerk of the House of Representatives any evidence of fraudulent +practices which may be presented to them. The same law provides for the +appointment of deputy United States marshals to attend at the polls, +support the supervisors in the discharge of their duties, and to arrest +persons violating the election laws. The provisions of this familiar +title of the Revised Statutes have been put into exercise by both the +great political parties, and in the North as well as in the South, +by the filing with the court of the petitions required by the law. + +It is not, therefore, a question whether we shall have a Federal +election law, for we now have one and have had for nearly twenty years, +but whether we shall have an effective law. The present law stops just +short of effectiveness, for it surrenders to the local authorities all +control over the certification which establishes the _prima facie_ right +to a seat in the House of Representatives. This defect should be cured. +Equality of representation and the parity of the electors must be +maintained or everything that is valuable in our system of government is +lost. The qualifications of an elector must be sought in the law, not +in the opinions, prejudices, or fears of any class, however powerful. +The path of the elector to the ballot box must be free from the ambush +of fear and the enticements of fraud; the count so true and open that +none shall gainsay it. Such a law should be absolutely nonpartisan and +impartial. It should give the advantage to honesty and the control to +majorities. Surely there is nothing sectional about this creed, and if +it shall happen that the penalties of laws intended to enforce these +rights fall here and not there it is not because the law is sectional, +but because, happily, crime is local and not universal. Nor should it be +forgotten that every law, whether relating to elections or to any other +subject, whether enacted by the State or by the nation, has force behind +it; the courts, the marshal or constable, the _posse comitatus_, the +prison, are all and always behind the law. + +One can not be justly charged with unfriendliness to any section or +class who seeks only to restrain violations of law and of personal +right. No community will find lawlessness profitable. No community can +afford to have it known that the officers who are charged with the +preservation of the public peace and the restraint of the criminal +classes are themselves the product of fraud or violence. The magistrate +is then without respect and the law without sanction. The floods of +lawlessness can not be leveed and made to run in one channel. The +killing of a United States marshal carrying a writ of arrest for an +election offense is full of prompting and suggestion to men who are +pursued by a city marshal for a crime against life or property. + +But it is said that this legislation will revive race animosities, and +some have even suggested that when the peaceful methods of fraud are +made impossible they may be supplanted by intimidation and violence. +If the proposed law gives to any qualified elector by a hair's weight +more than his equal influence or detracts by so much from any other +qualified elector, it is fatally impeached. But if the law is equal and +the animosities it is to evoke grow out of the fact that some electors +have been accustomed to exercise the franchise for others as well +as for themselves, then these animosities ought not to be confessed +without shame, and can not be given any weight in the discussion without +dishonor. No choice is left to me but to enforce with vigor all laws +intended to secure to the citizen his constitutional rights and to +recommend that the inadequacies of such laws be promptly remedied. If to +promote with zeal and ready interest every project for the development +of its material interests, its rivers, harbors, mines, and factories, +and the intelligence, peace, and security under the law of its +communities and its homes is not accepted as sufficient evidence of +friendliness to any State or section, I can not add connivance at +election practices that not only disturb local results, but rob the +electors of other States and sections of their most priceless political +rights. + +The preparation of the general appropriation bills should be conducted +with the greatest care and the closest scrutiny of expenditures. +Appropriations should be adequate to the needs of the public service, +but they should be absolutely free from prodigality. + +I venture again to remind you that the brief time remaining for the +consideration of the important legislation now awaiting your attention +offers no margin for waste. If the present duty is discharged with +diligence, fidelity, and courage, the work of the Fifty-first Congress +may be confidently submitted to the considerate judgment of the people. + +BENJ. HARRISON. + +[Footnote 11: See pp. 93-94.] + +[Footnote 12: See p. 49]. + +[Footnote 13: See pp. 56-58.] + +[Footnote 14: See pp. 70-71.] + +[Footnote 15: See p. 56.] + + + + +SPECIAL MESSAGES. + + +EXECUTIVE MANSION, _December 4, 1890_. + +_To the Senate and House of Representatives_: + +I transmit herewith a communication of the 3d instant from the Secretary +of the Interior, accompanied by an agreement concluded by the Cherokee +Commission with the Cheyenne and Arapahoe tribes of Indians for the +cession of certain lands and for other purposes. + +The agreement is submitted for the consideration of Congress, as +required by law. + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _December 5, 1890_. + +_To the House of Representatives_: + +I transmit herewith, in response to the resolution of the House of +Representatives of the 24th of September last, a report of the Secretary +of State and accompanying correspondence, in relation to the killing of +General J. Martine Barrundia by Guatemalan officers on board the Pacific +mail steamer _Acapulco_ in the port of San Jose, Guatemala, on the 28th +of August last. + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _December 17, 1890_. + +_To the Senate and House of Representatives_: + +I herewith transmit a communication from the Secretary of State, in +relation to a report upon the subject of cholera made by Dr. E.O. +Shakespeare pursuant to the act of Congress approved March 3, 1885. + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _December 17, 1890_. + +_To the Senate and House of Representatives_: + +I transmit herewith a letter from the Secretary of the Navy, accompanied +by a letter from the secretary of the American Society of Mechanical +Engineers, who transmits a memorial, addressed to the Government of the +United States, in relation to the late Captain John Ericsson. + +The matter is presented for such action as the Congress may deem proper. + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _December 17, 1890_. + +_To the Senate and House of Representatives_: + +I transmit herewith a letter from the Secretary of War, accompanied by +a copy of a preliminary report of the board on gun factories and steel +forgings for high-power guns, appointed by me under the provisions of an +act entitled "An act making appropriations for fortifications," etc., +approved August 18, 1890. + +The report and accompanying papers are submitted for the information and +early attention of Congress. + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _December 22, 1890_. + +_To the Senate and House of Representatives_: + +I transmit herewith a letter of the 18th instant from the Secretary +of the Interior, in relation to the disposition of timber on certain +Chippewa reservations in Wisconsin, together with copies of papers +relating thereto. The matter is presented for the action of Congress. + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _December 23, 1890_. + +_To the Senate and House of Representatives_: + +The Territorial legislature of Oklahoma, now in session, will adjourn by +limitation of law on to-morrow, the 24th instant. The act organizing the +Territory provided (section II) that certain chapters of the revised +statutes of Nebraska should be in force until after the adjournment of +the first session of the Territorial legislature. + +The question of the location of the Territorial capital has so occupied +the time of the legislature and so distracted and divided its members +that no criminal code has been provided. It is urgently necessary that +Congress should at once, by joint resolution or otherwise, continue +the laws of Nebraska in force, and save pending criminal arrests and +prosecutions at least. The reconvening of the legislature does not +under the existing circumstances promise any relief. + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _December 23, 1890_. + +_To the Senate and House of Representatives_: + +I transmit herewith a letter of the Secretary of the Navy, accompanied +by the report of the commission appointed by me by virtue of a provision +in the naval appropriation bill approved June 30, 1890, for the purpose +of selecting a suitable site "for a dry dock at some point on the shores +of the Pacific Ocean, or the waters connected therewith, north of the +parallel of latitude marking the northern boundary of California, +including the waters of Puget Sound and also Lakes Union and Washington, +in the State of Washington." + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _January 5, 1891_. + +_To the House of Representatives_: + +In further response to the resolution of the House of Representatives +requesting me, if in my judgment not incompatible with the public +interest, to furnish to the House the correspondence since March 4, +1889, between the Government of the United States and the Government +of Great Britain touching the subjects in dispute in the Bering Sea, +I transmit herewith a letter from the Secretary of State, which is +accompanied by the correspondence which has taken place since my +message of July 23, 1890.[16] + +BENJ. HARRISON. + +[Footnote 16: See p. 80.] + + + +EXECUTIVE MANSION, _January 10, 1891_. + +_To the Senate and House of Representatives_: + +I transmit herewith a memorial of the legislative assembly of the +Territory of Oklahoma, asking an appropriation for the relief of the +destitute people of that Territory. + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _January 16, 1891_. + +_To the Senate and House of Representatives_: + +I transmit herewith the report of the World's Columbian Commission, with +the accompanying papers. + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _January 19, 1891_. + +_To the Senate and House of Representatives_: + +I transmit herewith a communication of the 17th instant from the +Secretary of the Interior, submitting the agreement entered into between +the Crow Indians and the commission appointed to negotiate with them +for the sale to the United States of the western portion of their +reservation in Montana under the provisions of the act of September 25, +1890. + +It is thought important by the Department that this matter receive the +consideration of Congress during the present session. + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _January 26, 1891_. + +_To the Senate and House of Representatives_: + +I transmit herewith a letter of the Secretary of War, accompanied by +the final report of the board on gun factories and steel forgings for +high-power guns, and appendixes thereto. + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _January 26, 1891_. + +_To the Senate and House of Representatives_: + +I transmit herewith a letter of the Secretary of the Interior, +accompanied by a letter from the Commissioner of Indian Affairs, who +transmits a draft of a bill for compensating the Indians of the Crow +Creek Reservation for the loss sustained by them by reason of their +receiving less land per capita in their diminished reservations than is +to be received by Indians occupying other diminished reservations. + +The matter is presented for the early consideration of the Congress. + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _January 31, 1891_. + +_To the Senate and House of Representatives_: + +The sudden death of the Hon. William Windom, Secretary of the Treasury, +in New York, on the evening of the 29th instant, has directed my +attention to the present state of the law as to the filling of a vacancy +occasioned by the death of the head of a Department. + +I transmit herewith an opinion of the Attorney-General, from which +it will be seen that under the statutes in force no officer in the +Treasury Department or other person designated by me can exercise the +duties of Secretary of the Treasury for a longer period than ten days. +This limitation is, I am sure, unwise, and necessarily involves in +such a case as that now presented undue haste and even indelicacy. +The President should not be required to take up the question of the +selection of a successor before the last offices of affection and +respect have been paid to the dead. If the proprieties of an occasion as +sad as that which now overshadows us are observed, possibly one-half of +the brief time allowed is gone before, with due regard to the decencies +of life, the President and those with whom he should advise can take up +the consideration of the grave duty of selecting a head for one of the +greatest Departments of the Government. + +Hasty action by the Senate is also necessarily involved, and +geographical limitations are practically imposed by the necessity of +selecting some one who can reach the capital and take the necessary oath +of office before the expiration of the ten days. + +It may be a very proper restriction of the power of the President in +this connection that he shall not designate for any great length of time +a person to discharge these important duties who has not been confirmed +by the Senate, but there would seem to be no reason why one of the +assistant secretaries of the Department wherein the vacancy exists might +not discharge the duties of Secretary until a successor is selected, +confirmed, and qualified. The inconvenience of this limitation was made +apparent at the time of the death of Secretary Folger. President Arthur +in that case allowed one of the assistant secretaries, who had been +designated to act in the absence of the Secretary, to continue in the +discharge of such duties for ten days, then designated the same person +to discharge the duties for a further term of ten days, and then made a +temporary appointment as Secretary, in order to secure the consideration +that he needed in filling this important place. + +I recommend such a modification of the existing law as will permit the +first or sole assistant, or, in the case of the Treasury Department, +where the assistants are not graded, that one who may be designated by +the President, to discharge the duties of the head of the Department +until a successor is appointed and qualified. + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _February 10, 1891_. + +_To the Senate_: + +I transmit herewith the correspondence called for by the resolution of +the Senate of the 6th instant, relating to the conduct of Commander +Reiter in connection with the arrest and killing of General Barrundia. + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _February 13, 1891_. + +_To the Senate and House of Representatives_: + +The Admiral of the Navy, David Dixon Porter, died at his residence +in the city of Washington this morning at 8.15 o'clock, in the +seventy-eighth year of his age. He entered the naval service as a +midshipman February 2, 1829, and had been since continuously in service, +having been made Admiral August 15, 1870. He was the son of Commodore +David Porter, one of the greatest of our naval commanders. His service +during the Civil War was conspicuously brilliant and successful, and +his death ends a very high and honorable career. His countrymen will +sincerely mourn his loss while they cherish with grateful pride the +memory of his deeds. To officers of the Navy his life will continue +to yield inspiration and encouragement. + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _Washington, D.C., February 14, 1891_. + +_To the Senate and House of Representatives_: + +I transmit herewith the sixth annual report of the Commissioner of +Labor. This report relates to the cost of producing iron and steel and +the materials of which iron is made in the United States and in Europe, +and the earnings, the efficiency, and the cost of living of the men +employed in such production. + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _February 14, 1891_. + +_To the Senate and House of Representatives_: + +The death of William Tecumseh Sherman, which took place to-day at his +residence in the city of New York, at 1 o'clock and 50 minutes p.m., is +an event that will bring sorrow to the heart of every patriotic citizen. +No living American was so loved and venerated as he. To look upon his +face, to hear his name, was to have one's love of country intensified. +He served his country, not for fame, not out of a sense of professional +duty, but for love of the flag and of the beneficent civil institutions +of which it was the emblem. He was an ideal soldier, and shared to the +fullest the _esprit de corps_ of the Army; but he cherished the civil +institutions organized under the Constitution, and was a soldier only +that these might be perpetuated in undiminished usefulness and honor. +He was in nothing an imitator. + +A profound student of military science and precedent, he drew from them +principles and suggestions, and so adapted them to novel conditions that +his campaigns will continue to be the profitable study of the military +profession throughout the world. His genial nature made him comrade to +every soldier of the great Union Army. No presence was so welcome and +inspiring at the camp fire or commandery as his. His career was +complete; his honors were full. He had received from the Government the +highest rank known to our military establishment and from the people +unstinted gratitude and love. No word of mine can add to his fame. His +death has followed in startling quickness that of the Admiral of the +Navy; and it is a sad and notable incident that when the Department +under which he served shall have put on the usual emblems of mourning +four of the eight Executive Departments will be simultaneously draped +in black, and one other has but today removed the crape from its walls. + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _February 26, 1891_. + +_To the Senate and House of Representatives_: + +I transmit herewith a report of the Secretary of State and accompanying +documents, in relation to the execution of letters rogatory in foreign +countries. + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _February 26, 1891_. + +_To the Senate of the United States_: + +I transmit herewith, in reply to the resolution of the Senate of the 9th +instant, a report from the Secretary of State, accompanied by the papers +relating to the commercial arrangement recently entered into with +Brazil. + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _March 3, 1891_. + +_To the Senate_: + +In accordance with the resolution of the Senate of this date, I return +herewith Senate bill 1453, to provide for the purchase of a site and the +erection of a public building thereon at Saginaw, in the State of +Michigan. + +BENJ. HARRISON. + + + + +VETO MESSAGES. + + +EXECUTIVE MANSION, _December 24, 1890_. + +_To the Senate_: + +I return to the Senate, in which it originated, with my objections, the +bill (No. 544) "to provide for the purchase of a site and the erection +of a public building thereon at Bar Harbor, in the State of Maine." The +statement of a few facts will show, I think, that the public needs do +not justify the contemplated expenditure of $75,000 for the erection +of a public building at Bar Harbor. Only one public office, the +post-office, is to be accommodated. It appears from a report of the +Postmaster-General that the rent paid by the United States for a room +containing 875 square feet of floor space was in 1888 $300 and the +expenditure for fuel and lights $60. One clerk was employed in the +office and no carriers. The gross postal receipts for that year were +$7,000. Bar Harbor is almost wholly a summer resort. The population of +the town of Eden, of which Bar Harbor forms a part, as taken by the +census enumerators, was less than 2,000. During one quarter of the year +this population is largely increased by summer residents and visitors, +but for the other three quarters is not much above the census +enumeration. The postal receipts for 1890 by quarters show that for more +than half the year the gross receipts of the post-office are about $8 +per day. The salary of a janitor for the new building would be more than +twice the present cost to the Government of rent, fuel, and lights. +I can not believe that upon reconsideration the Congress will approve +the contemplated expenditure. + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _January 26, 1891_. + +_To the House of Representatives_: + +I return herewith without my approval the bill (H.R. 12365) entitled +"An act to authorize Oklahoma City, in Oklahoma Territory, to issue +bonds to provide a right of way for the Choctaw Coal and Railway Company +through said city." This bill authorizes the corporation of Oklahoma +City to issue corporate bonds to the amount of $40,000 for the purpose +of providing the right of way for a railroad company through the city, +if the proposition shall receive the assent of a majority of the legal +voters at an election to be called for that purpose. + +It is attempted to distinguish this case from the ordinary case of +a municipal grant to a railway company by the fact that this railway +company had located its line through the lands afterwards settled upon +under the town-site law before such settlement, and that the route thus +located cuts the plat of the city diagonally and in a way to be very +injurious to property interests. + +Upon an examination of the facts it appears to me to be clear that no +legal location was made by the railway company prior to the acquisition +of the lands by the occupying settlers. Some preliminary surveys had +been made, but no map of location had been filed with the Secretary of +the Interior. If the rights of this company at this point of its road +as to right of way are derived from the general statute of the United +States upon that subject (U. S. Revised Statutes, Supplement, p. 87), +then section 4 distinctly saves the right of any settler who had located +prior to the filing of a profile of the road and the approval by the +Secretary of the Interior thereof. And if, on the other hand, the rights +of the company at the point indicated are derived from the act of +Congress of February 18, 1888, "to authorize the Choctaw Coal and +Railway Company to construct and operate a railway through the Indian +Territory, and for other purposes," section 6 of that act also plainly +protects the right of any occupying claimant. The latter statute, it +seems to me, was intended to grant a right of way only through Indian +lands, and if these lands were not such the general statute to which +I have referred would apply; but in either event the conclusion is the +same. + +It appears from the report of the committee that its favorable action, +and, I must assume, the favorable action of Congress, proceeded upon the +theory that there was a real controversy, doubtful as to its issue, as +to the right of the railroad company to hold the line of its survey +through the city. + +Stripped, then, of this claim the proposition is nakedly one to +authorize Oklahoma City to donate $40,000 to the Choctaw Coal and +Railway Company. The general statute of the United States prohibits +such grants, and this must stand until repealed as a continuing +expression of legislative opinion. If a departure from this rule is to +be allowed at all, certainly it should only be where the circumstances +are exceptional. Such circumstances, in my opinion, do not exist in +this case. Already I have received from other cities in the Territory +protests against special legislation of this sort, accompanied by the +suggestion that if this policy is admitted other cities shall also be +allowed to encourage the building of roads by donation. + +Oklahoma City, according to the report of the Census Office, has a +population of about 4,100, and this donation would be equivalent to +nearly $10 per capita. Very little real estate, whether town-site or +country property, in this Territory is yet subject to assessment for +taxation. The people have not yet had time to accumulate, and Congress +has received appeals for aid to relieve a prevailing distress which the +Territorial authorities have found themselves unable to deal with. It +does not seem to me, in view of all these facts, that the wholesome rule +prescribed by the general statute should be departed from. + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _February 26, 1891_. + +_To the Senate_: + +I return to the Senate without my approval the bill (S. 4620) "to +establish the Record and Pension Office of the War Department, and for +other purposes." + +This bill proposes to change the designation of one of the divisions of +the War Department. It is now the "Record and Pension Division," and it +is proposed that it shall hereafter be the "Record and Pension Office" +of the War Department. The scope of the work assigned to this division +or office is not changed, but the organization now existing under +a classification made by the Secretary of War is by the bill made +permanent and put beyond the control of the Secretary. The change of +designation seems to have been intended to add dignity to the position, +and the effect of the bill is probably to require that the chief of this +office shall hereafter be appointed only by and with the advice and +consent of the Senate, though it is not clear that any provision is made +for a chief after the particular person designated in the bill has been +separated from the place or in case he is not appointed. + +The real object of the bill is disclosed in the following clause: + + The President is hereby authorized to nominate and, by and with the + advice and consent of the Senate, to appoint the officer now in charge + of said Record and Pension Division to be a colonel in the Army and + chief of said office. + + +It is fairly to be implied from the bill that in the opinion of Congress +the public interests would be promoted by making the contemplated change +in the grade of this office and by giving the rank and pay of a colonel +in the Army to the chief. A new and rather anomalous office is therefore +created--that of "colonel in the Army and chief of the Record and +Pension Office of the War Department"--but upon the condition that the +President shall nominate a particular person to fill it. I do not think +it is competent for Congress to designate the person who shall fill an +office created by law, and practically nothing remains of the bill under +consideration if this person is not to be appointed. The office is an +important one, connected with the active civil administration of the War +Department. I can not agree that the selection of the officer shall be +taken out of the discretion of the Executive, where the responsibility +for good administration necessarily rests. It is probably true that the +officer intended to be benefited is peculiarly deserving and has had +remarkable success in the discharge of the duties of the office; but +these are considerations for the appointing power, and might safely have +been left there. + +If this particular appointment was backed by reasons so obvious as +to secure the support of both Houses of Congress, it should have been +assumed that these reasons could have been made obvious to the Executive +by the ordinary methods. In connection with the Army and Navy retired +lists, legislation akin to this has become quite frequent, too frequent +in my opinion; but these laws have been regarded as grants of pensions +rather than of offices. + +If it is to be allowed that active places connected with the Executive +Departments can be created upon condition that particular persons are or +are not to be designated to fill them, the power of appointment might be +wholly diverted from the Executive to the Congress. + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _March 2, 1891_. + +_To the Senate_: + +I return herewith without my approval the bill (S. 3270) "for the relief +of the administratrix of the estate of George W. Lawrence." + +If I rightly construe this bill, it authorizes the Court of Claims to +give judgment in favor of the contractor with the United States for +the construction of the vessels named (_Agawam_ and _Pontoosuc_) for +the difference between the contract price and the actual cost to the +contractor of building the vessels, subject only to the condition that +nothing shall be allowed for any advance in the price of labor or +material unless such advance occurred during the prolonged term for +completing the work rendered necessary by delay resulting from the +action of the Government. The bill is somewhat obscure, but I have, +I think, correctly stated the legal effect of it. + +Undoubtedly in contracts made for army and navy supplies and +construction during the early days of the war there was not infrequently +loss to the contractor by reason of the advance in the cost of labor +resulting from the withdrawal of so large a body of men for service in +the field and the indirect result of this upon the cost of material; but +I can not believe that it is the purpose of Congress to reopen such +contracts at this late day and to pay to the contractors the cost of the +work or material which they stipulated to do or deliver at fixed prices. +In the matter of another vessel constructed by this same claimant and +in the case of one other similar claim I approved bills at the last +session, but they carefully limited any finding by the Court of Claims +to such losses as necessarily resulted from the interference by the +Government with the progress of the work, thus creating delays and +enhanced cost. + +In those cases the Government only undertook to make good losses +resulting directly and unavoidably from its own acts. If the principle +which seems to me to be embodied in the bill under consideration is +adopted, I do not see how the Congress can refuse in all cases of all +sorts of contracts to make good the losses resulting from appreciation +in the cost of labor and material. The expenditure that such a policy +would entail is incalculable, and the policy itself is, in my judgment, +indefensible. The bill at the last session for the relief of this +claimant in the case of another vessel constructed by him was, as I have +said, carefully put upon the lines I have indicated, and if this claim +could have been maintained upon, those lines I assume that the bill +would have been similar in its provisions. + +BENJ. HARRISON. + + + + +PROCLAMATIONS. + + +BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. + +A PROCLAMATION. + +Whereas satisfactory proof has been presented to me that provision has +been made for adequate grounds and buildings for the uses of the World's +Columbian Exposition, and that a sum not less than $10,000,000, to be +used and expended for the purposes of said exposition, has been provided +in accordance with the conditions and requirements of section 10 of +an act entitled "An act to provide for celebrating the four hundredth +anniversary of the discovery of America by Christopher Columbus by +holding an international exhibition of arts, industries, manufactures, +and the products of the soil, mine, and sea, in the city of Chicago, +in the State of Illinois," approved April 25, 1890: + +Now, therefore, I, Benjamin Harrison, President of the United States, by +virtue of the authority vested in me by said act, do hereby declare and +proclaim that such international exhibition will be opened on the 1st +day of May, in the year 1893, in the city of Chicago, in the State of +Illinois, and will not be closed before the last Thursday in October of +the same year. And in the name of the Government and of the people of +the United States I do hereby invite all the nations of the earth to +take part in the commemoration of an event that is preeminent in human +history and of lasting interest to mankind by appointing representatives +thereto and sending such exhibits to the World's Columbian Exposition as +will most fitly and fully illustrate their resources, their industries, +and their progress in civilization. + +In testimony whereof I have hereunto set my hand and caused the seal of +the United States to be affixed. + +[SEAL.] + +Done at the city of Washington, this 24th day of December, 1890, and of +the Independence of the United States the one hundred and fifteenth. + +BENJ. HARRISON. + +By the President: + JAMES G. BLAINE, + _Secretary of State_. + + + +BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. + +A PROCLAMATION. + +Whereas, pursuant to section 3 of the act of Congress approved October +1, 1890, entitled "An act to reduce the revenue and equalize duties on +imports, and for other purposes," the Secretary of State of the United +States of America communicated to the Government of the United States of +Brazil the action of the Congress of the United States of America, with +a view to secure reciprocal trade, in declaring the articles enumerated +in said section 3, to wit, sugars, molasses, coffee, and hides, to be +exempt from duty upon their importation into the United States of +America; and + +Whereas the envoy extraordinary and minister plenipotentiary of Brazil +at Washington has communicated to the Secretary of State the fact that, +in due reciprocity for and in consideration of the admission into the +United States of America free of all duty of the articles enumerated in +section 3 of said act, the Government of Brazil has by legal enactment +authorized the admission, from and after April 1, 1891, into all the +established ports of entry of Brazil, free of all duty, whether +national, state, or municipal, of the articles or merchandise named in +the following schedule, provided that the same be the product and +manufacture of the United States of America: + + + 1.--SCHEDULE OF ARTICLES TO BE ADMITTED FREE INTO BRAZIL. + + Wheat. + Wheat flour. + Corn or maize and the manufactures thereof, including corn meal and + starch. + Rye, rye flour, buckwheat, buckwheat flour, and barley. + Potatoes, beans, and pease. + Hay and oats. + Pork, salted, including pickled pork and bacon, except hams. + Fish, salted, dried, or pickled. + Cotton-seed oil. + Coal, anthracite and bituminous. + Rosin, tar, pitch, and turpentine. + Agricultural tools, implements, and machinery. + Mining and mechanical tools, implements, and machinery, including + stationary and portable engines and all machinery for manufacturing + and industrial purposes, except sewing machines. + Instruments and books for the arts and sciences. + Railway construction material and equipment. + + +And that the Government of Brazil has by legal enactment further +authorized the admission into all the established ports of entry of +Brazil, with a reduction of 25 per cent of the duty designated on the +respective article in the tariff now in force or which may hereafter +be adopted in the United States of Brazil, whether national, state, +or municipal, of the articles or merchandise named in the following +schedule, provided that the same be the product or manufacture of the +United States of America: + + 2.--SCHEDULE OF ARTICLES TO BE ADMITTED INTO BRAZIL, WITH A REDUCTION + OF DUTY OF 25 PER CENT. + + Lard and substitutes therefor. + Bacon hams. + Butter and cheese. + Canned and preserved meats, fish, fruits, and vegetables. + Manufactures of cotton, including cotton clothing. + Manufactures of iron and steel, single or mixed, not included in the + foregoing free schedule. + Leather and the manufactures thereof, except boots and shoes. + Lumber, timber, and the manufactures of wood, including cooperage, + furniture of all kinds, wagons, carts, and carriages. + Manufactures of rubber. + + +And that the Government of Brazil has further provided that the laws +and regulations adopted to protect its revenue and prevent fraud in the +declarations and proof that the articles named in the foregoing schedules +are the product or manufacture of the United States of America shall +place no undue restrictions on the importer nor impose any additional +charges or fees therefor on the articles imported; + +And whereas the Secretary of State has, by my direction, given assurance +to the envoy extraordinary and minister plenipotentiary of Brazil at +Washington that this action of the Government of Brazil in granting +exemption of duties to the products and manufactures of the United +States of America is accepted as a due reciprocity for the action of +Congress as set forth in section 3 of said act: + +Now, therefore, be it known that I, Benjamin Harrison, President of the +United States of America, have caused the above-stated modifications of +the tariff law of Brazil to be made public for the information of the +citizens of the United States of America. + +In testimony whereof I have hereunto set my hand and caused the seal of +the United States to be affixed. + +[SEAL.] + +Done at the city of Washington, this 5th day of February, 1891, and of +the Independence of the United States of America the one hundred and +fifteenth. + +BENJ. HARRISON. + +By the President: + JAMES G. BLAINE, + _Secretary of State_. + + + +BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. + +A PROCLAMATION. + +Whereas it is provided by section 24 of an act approved March 3, 1891, +entitled "An act to repeal timber-culture laws, and for other +purposes"-- + + That the President of the United States may from time to time set apart + and reserve in any State or Territory having public land bearing + forests, in any part of the public lands wholly or in part covered with + timber or undergrowth, whether of commercial value or not, as public + reservations; and the President shall by public proclamation declare + the establishment of such reservations and limits thereof. + + +Now, therefore, I, Benjamin Harrison, President of the United States, by +virtue of the power in me vested, do hereby make known and proclaim that +there has been and is hereby reserved from entry or settlement and set +apart for a public forest reservation all that tract of land situate in +the State of Wyoming contained within the following-described +boundaries: + +Beginning at a point on the parallel of 44° 50' where said parallel is +intersected by the meridian of 110° west longitude; thence due east +along said parallel to the meridian of 109° 30' west longitude; thence +due south along said meridian to the forty-fourth parallel of north +latitude; thence due west along said parallel to its point of +intersection with the west boundary of the State of Wyoming; thence due +north along said boundary line to its intersection with the south +boundary of the Yellowstone National Park. + +Warning is hereby expressly given to all persons not to enter or make +settlement upon the tract of land reserved by this proclamation. + +In witness whereof I have hereunto set my hand and caused the seal of +the United States to be affixed. + +[SEAL.] + +Done at the city of Washington, this 30th day of March, A.D.1891, and of +the Independence of the United States the one hundred and fifteenth. + +BENJ. HARRISON. + +By the President: + JAMES G. BLAINE, + _Secretary of State_. + + + +BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. + +A PROCLAMATION. + +The following provisions of the laws of the United States are hereby +published for the information of all concerned: + +Section 1956, Revised Statutes, chapter 3, Title XXIII, enacts that-- + + No person shall kill any otter, mink, marten, sable, or fur seal, or + other fur-bearing animal within the limits of Alaska Territory or in + the waters thereof; and every person guilty thereof shall for each + offense be fined not less than $200 nor more than $1,000, or imprisoned + not more than six months, or both; and all vessels, their tackle, + apparel, furniture, and cargo, found engaged in violation of this + section shall be forfeited; but the Secretary of the Treasury shall + have power to authorize the killing of any such mink, marten, sable, or + other fur-bearing animal, except fur seals, under such regulations as + he may prescribe; and it shall be the duty of the Secretary to prevent + the killing of any fur seal and to provide for the execution of the + provisions of this section until it is otherwise provided by law, nor + shall he grant any special privileges under this section. + + * * * * * + +Section 3 of the act entitled "An act to provide for the protection of +the salmon fisheries of Alaska," approved March 2, 1889, provides that-- + + SEC. 3. That section 1956 of the Revised Statutes of the United States + is hereby declared to include and apply to all the dominion of the + United States in the waters of Bering Sea, and it shall be the duty + of the President at a timely season in each year to issue his + proclamation, and cause the same to be published for one month in at + least one newspaper (if any such there be) published at each United + States port of entry on the Pacific coast, warning all persons against + entering such waters for the purpose of violating the provisions of + said section, and he shall also cause one or more vessels of the United + States to diligently cruise said waters and arrest all persons and + seize all vessels found to be or to have been engaged in any violation + of the laws of the United States therein. + + +Now, therefore, I, Benjamin Harrison, President of the United States, +pursuant to the above-recited statutes, hereby warn all persons against +entering the waters of Bering Sea within the dominion of the United +States for the purpose of violating the provisions of said section 1956, +Revised Statutes; and I hereby proclaim that all persons found to be or +to have been engaged in any violation of the laws of the United States +in said waters will be arrested and punished as above provided, and that +all vessels so employed, their tackle, apparel, furniture, and cargoes, +will be seized and forfeited. + +In testimony whereof I have hereunto set my hand and caused the seal of +the United States to be affixed. + +[SEAL.] + +Done at the city of Washington, this 4th day of April, 1891, and of the +Independence of the United States the one hundred and fifteenth. + +BENJ. HARRISON. + +By the President: + JAMES G. BLAINE, + _Secretary of State_. + + + +BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. + +A PROCLAMATION. + +Whereas, pursuant to an act of Congress approved May 15, 1886, entitled +"An act making appropriations for the current and contingent expenses +of the Indian Department and for fulfilling treaty stipulations with +various tribes for the year ending June 30, 1887, and for other +purposes," an agreement was entered into on the 14th day of December, +1886, by John V. Wright, Jared W. Daniels, and Charles F. Larrabee, +commissioners on the part of the United States, and the Arickaree, Gros +Ventre, and Mandan tribes of Indians, residing on the Fort Berthold +Reservation, in the then Territory of Dakota, now State of North Dakota, +embracing a majority of all the male adult members of said tribes; and + +Whereas by an act of Congress approved March 3, 1891, entitled "An act +making appropriations for the current and contingent expenses of the +Indian Department and for fulfilling treaty stipulations with various +Indian tribes for the year ending June 30, 1892, and for other +purposes," the aforesaid agreement of December 14, 1886, was accepted, +ratified, and confirmed, except as to article 6 thereof, which was +modified and changed on the part of the United States so as to read +as follows: + + That the residue of lands within said diminished reservation, after all + allotments have been made as provided in article 3 of this agreement, + shall be held by the said tribes of Indians as a reservation. + + +And whereas it is provided in said last above-mentioned act-- + + That this act shall take effect only upon the acceptance of the + modification and changes made by the United States as to article 6 of + the said agreement by the said tribes of Indians in manner and form as + said agreement was assented to, which said acceptance and consent shall + be made known by proclamation by the President of the United States, + upon satisfactory proof presented to him that the said acceptance and + consent have been obtained in such manner and form. + + +And whereas satisfactory proof has been presented to me that the +acceptance of and consent to the provisions of the act last named by +the different bands of Indians residing on said reservation have been +obtained in manner and form as said agreement of December 14, 1886, +was assented to: + +Now, therefore, I, Benjamin Harrison, President of the United States, by +virtue of the power in me vested, do hereby make known and proclaim the +acceptance of and consent to the modification and changes made by the +United States as to article 6 of said agreement by said tribe of Indians +as required by the act, and said act is hereby declared to be in full +force and effect, subject to all provisions, conditions, limitations, +and restrictions therein contained. + +All persons will take notice of the provisions of said act and of the +conditions and restrictions therein contained, and be governed +accordingly. + +I furthermore notify all persons to particularly observe that +a certain portion of the said Fort Berthold Reservation not ceded and +relinquished by said agreement is reserved for allotment to, and also +as a reservation for, the said tribes of Indians; and all persons are +therefore hereby warned not to go upon any of the lands so reserved for +any purpose or with any intent whatsoever, as no settlement or other +rights can be secured upon said lands, and all persons found unlawfully +thereon will be dealt with as trespassers and intruders; and I hereby +declare all the lands sold, ceded, and relinquished to the United States +under said agreement, namely, "all that portion of the Fort Berthold +Reservation, as laid down upon the official map of the" (then) +"Territory of Dakota published by the General Land Office in the year +1885, lying north of the forty-eighth parallel of north latitude, and +also all that portion lying west of a north and south line 6 miles west +of the most westerly point of the big bend of the Missouri River, south +of the forty-eighth parallel of north latitude," open to settlement and +subject to disposal as provided in section 25 of the act of March 3, +1891, aforesaid (26 U.S. Statutes at Large, p. 1035). + +In witness whereof I have hereunto set my hand and caused the seal of +the United States to be affixed. + +[SEAL.] + +Done at the city of Washington, this 20th day of May, A.D. 1891, and of +the Independence of the United States the one hundred and fifteenth. + +BENJ. HARRISON. + +By the President: + WILLIAM F. WHARTON, + _Acting Secretary of State_. + + + +BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. + +A PROCLAMATION. + +Whereas an agreement for a _modus vivendi_ between the Government of the +United States and the Government of Her Britannic Majesty in relation to +the fur-seal fisheries in Bering Sea was concluded on the 15th day of +June, A.D. 1891, word for word as follows: + + + AGREEMENT BETWEEN THE GOVERNMENT OF THE UNITED STATES AND THE GOVERNMENT + OF HER BRITANNIC MAJESTY FOR A MODUS VIVENDI IN RELATION TO THE FUR-SEAL + FISHERIES IN BERING SEA. + + For the purpose of avoiding irritating differences and with a view to + promote the friendly settlement of the questions pending between the two + Governments touching their respective rights in Bering Sea, and for the + preservation of the seal species, the following agreement is made + without prejudice to the rights or claims of either party: + + (1) Her Majesty's Government will prohibit until May next seal killing + in that part of Bering Sea lying eastward of the line of demarcation + described in article No. 1 of the treaty of 1867 between the United + States and Russia, and will promptly use its best efforts to insure the + observance of this prohibition by British subjects and vessels. + + (2) The United States Government will prohibit seal killing for the same + period in the same part of Bering Sea and on the shores and islands + thereof the property of the United States (in excess of 7,500 to be + taken on the islands for the subsistence and care of the natives), and + will promptly use its best efforts to insure the observance of this + prohibition by United States citizens and vessels. + + (3) Every vessel or person offending against this prohibition in the + said waters of Bering Sea outside of the ordinary territorial limits of + the United States may be seized and detained by the naval or other duly + commissioned officers of either of the high contracting parties, but + they shall be handed over as soon as practicable to the authorities of + the nation to which they respectively belong, who shall alone have + jurisdiction to try the offense and impose the penalties for the same. + The witnesses and proofs necessary to establish the offense shall also + be sent with them. + + (4) In order to facilitate such proper inquiries as Her Majesty's + Government may desire to make with a view to the presentation of the + case of that Government before arbitrators, and in expectation that an + agreement for arbitration may be arrived at, it is agreed that suitable + persons designated by Great Britain will be permitted at any time, upon + application, to visit or to remain upon the seal islands during the + present sealing season for that purpose. + + Signed and sealed in duplicate at Washington, this 15th day of June, + 1891, on behalf of their respective Governments, by William F. Wharton, + Acting Secretary of State of the United States, and Sir Julian + Pauncefote, G.C.M.G., K.C.B., H.B.M. envoy extraordinary and minister + plenipotentiary. + + WILLIAM F. WHARTON. [SEAL.] + + JULIAN PAUNCEFOTE. [SEAL.] + + +Now, therefore, be it known that I, Benjamin Harrison, President of the +United States of America, have caused the said agreement to be made +public, to the end that the same and every part thereof may be observed +and fulfilled with good faith by the United States of America and the +citizens thereof. + +In witness whereof I have hereunto set my hand and caused the seal of +the United States to be affixed. + +[SEAL.] + +Done at the city of Washington, this 15th day of June, A.D. 1891, and of +the Independence of the United States the one hundred and fifteenth. + +BENJ. HARRISON. + +By the President: + WILLIAM F. WHARTON, + _Acting Secretary of State_. + + + +BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. + +A PROCLAMATION. + +Whereas it is provided by section 13 of the act of Congress of March 3, +1891, entitled "An act to amend Title LX, chapter 3, of the Revised +Statutes of the United States, relating to copyrights," that said act +"shall only apply to a citizen or a subject of a foreign state or nation +when such foreign state or nation permits to citizens of the United +States of America the benefit of copyright on substantially the same +basis as its own citizens, or when such foreign state or nation is a +party to an international agreement which provides for reciprocity in +the granting of copyright, by the terms of which agreement the United +States of America may at its pleasure become a party to such agreement;" +and + +Whereas it is also provided by said section that "the existence of +either of the conditions aforesaid shall be determined by the President +of the United States by proclamation made from time to time as the +purposes of this act may require;" and + +Whereas satisfactory official assurances have been given that in +Belgium, France, Great Britain and the British possessions, and +Switzerland the law permits to citizens of the United States the benefit +of copyright on substantially the same basis as to the citizens of those +countries: + +Now, therefore, I, Benjamin Harrison, President of the United States +of America, do declare and proclaim that the first of the conditions +specified in section 13 of the act of March 3, 1891, is now fulfilled in +respect to the citizens or subjects of Belgium, France, Great Britain, +and Switzerland. + +In testimony whereof I have hereunto set my hand and caused the seal of +the United States to be affixed. + +[SEAL.] + +Done at the city of Washington, this 1st day of July, 1891, and of the +Independence of the United States the one hundred and fifteenth. + +BENJ. HARRISON. + +By the President: + WILLIAM F. WHARTON, + _Acting Secretary of State_. + + + +BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. + +A PROCLAMATION. + +Whereas, pursuant to section 3 of the act of Congress approved October +1, 1890, entitled "An act to reduce the revenue and equalize duties on +imports, and for other purposes," the Secretary of State of the United +States of America communicated to the Government of Spain the action +of the Congress of the United States of America, with a view to secure +reciprocal trade, in declaring the articles enumerated in said section +3, to wit, sugars, molasses, coffee, and hides, to be exempt from duty +upon their importation into the United States of America; and + +Whereas the envoy extraordinary and minister plenipotentiary of Spain at +Washington has communicated to the Secretary of State the fact that, in +reciprocity and compensation for the admission into the United States of +America free of all duty of the articles enumerated in section 3 of said +act, the Government of Spain will by due legal enactment and as a +provisional measure admit, from and after September 1, 1891, into all +the established ports of entry of the Spanish islands of Cuba and Puerto +Rico the articles or merchandise named in the following transitory +schedule, on the terms stated therein, provided that the same be the +product or manufacture of the United States and proceed directly from +the ports of said States: + + + TRANSITORY SCHEDULE. + + Products or manufactures of the United States to be admitted into Cuba + and Puerto Rico free of duties: + + 1. Meats, in brine, salted or smoked, bacon, hams, and meats preserved + in cans, in lard or by extraction of air, jerked beef excepted. + + 2. Lard. + + 3. Tallow and other animal greases, melted or crude, unmanufactured. + + 4. Fish and shellfish, live, fresh, dried, in brine, smoked, pickled, + oysters and salmon in cans. + + 5. Oats, barley, rye, and buckwheat, and flour of these cereals. + + 6. Starch, maizena, and other alimentary products of corn, except corn + meal. + + 7. Cotton seed, oil and meal cake of said seed for cattle. + + 8. Hay, straw for forage, and bran. + + 9. Fruits, fresh, dried, and preserved, except raisins. + + 10. Vegetables and garden products, fresh and dried. + + 11. Resin of pine, tar, pitch, and turpentine. + + 12. Woods of all kinds, in trunks or logs, joists, rafters, planks, + beams, boards, round or cylindric masts, although cut, planed, and + tongued and grooved, including flooring. + + 13. Woods for cooperage, including staves, headings, and wooden hoops. + + 14. Wooden boxes, mounted or unmounted, except of cedar. + + 15. Woods, ordinary, manufactured into doors, frames, windows, and + shutters, without paint or varnish, and wooden houses, unmounted, + without paint or varnish. + + 16. Wagons and carts for ordinary roads and agriculture. + + 17. Sewing machines. + + 18. Petroleum, raw or unrefined, according to the classification fixed + in the existing orders for the importation of this article in said + islands. + + 19. Coal, mineral. + + 20. Ice. + + Products or manufactures of the United States to be admitted into Cuba + and Puerto Rico on payment of the duties stated: + + 21. Corn or maize, 25 cents per 100 kilograms. + + 22. Corn meal, 25 cents per 100 kilograms. + + 23. Wheat, from January 1, 1892, 30 cents per 100 kilograms. + + 24. Wheat flour, from January 1, 1892, $1 per 100 kilograms. + + Products or manufactures of the United States to be admitted into Cuba + and Puerto Rico at a reduction of duty of 25 per cent: + + 25. Butter and cheese. + + 26. Petroleum, refined. + + 27. Boots and shoes in whole or in part of leather or skins. + + +And whereas the envoy extraordinary and minister plenipotentiary of +Spain in Washington has further communicated to the Secretary of State +that the Government of Spain will in like manner and as a definitive +arrangement admit, from and after July 1, 1892, into all the established +ports of, entry of the Spanish islands of Cuba and Puerto Rico the +articles or merchandise named in the following schedules A, B, C, and D, +on the terms stated therein, provided that the same be the product or +manufacture of the United States and proceed directly from the ports of +said States: + + + SCHEDULE A. + + Products or manufactures of the United States to be admitted into Cuba + and Puerto Rico free of duties: + + 1. Marble, jasper, and alabaster, natural or artificial, in rough or + in pieces, dressed, squared, and prepared for taking shape. + + 2. Other stones and earthy matters, including cement, employed in + building, the arts and industries. + + 3. Waters, mineral or medicinal. + + 4. Ice. + + 5. Coal, mineral. + + 6. Resin, tar, pitch, turpentine, asphalt, schist, and bitumen. + + 7. Petroleum, raw or crude, in accordance with the classification + fixed in the tariff of said islands. + + 8. Clay, ordinary, in paving tiles, large and small, bricks, and roof + tiles unglazed, for the construction of buildings, ovens, and other + similar purposes. + + 9. Gold and silver coin. + + 10. Iron, cast, in pigs, and old iron and steel. + + 11. Iron, cast, in pipes, beams, rafters, and similar articles for + the construction of buildings and in ordinary manufactures. + (See repertory.) + + 12. Iron, wrought, and steel, in bars, rails and bars of all kinds, + plates, beams, rafters, and other similar articles for construction + of buildings. + + 13. Iron, wrought, and steel, in wire, nails, screws, nuts, and pipes. + + 14. Iron, wrought, and steel, in ordinary manufactures, and wire cloth + unmanufactured. (See repertory.) + + 15. Cotton, raw, with or without seed. + + 16. Cotton seed, oil and meal cake of same for cattle. + + 17. Tallow and all other animal greases, melted or crude, + unmanufactured. + + 18. Books and pamphlets, printed, bound and unbound. + + 19. Woods of all kinds, in trunks or logs, joists, rafters, planks, + beams, boards, and round or cylindric masts, although cut, planed, + tongued and grooved, including flooring. + + 20. Wooden cooperage, including staves, headings, and wooden hoops. + + 21. Wooden boxes, mounted or unmounted, except of cedar. + + 22. Woods, ordinary, manufactured into doors, frames, windows, and + shutters, without paint or varnish, and wooden houses, unmounted, + without paint or varnish. + + 23. Woods, ordinary, manufactured into all kinds of articles, turned or + unturned, painted or varnished, except furniture. (See repertory.) + + 24. Manures, natural or artificial. + + 25. Implements, utensils, and tools for agriculture, the arts, and + mechanical trades. + + 26. Machines and apparatus, agricultural, motive, industrial, and + scientific, of all classes and materials, and loose pieces for the + same, including wagons, carts, and handcarts for ordinary roads + and agriculture. + + 27. Material and articles for public works, such as railroads, + tramways, roads, canals for irrigation and navigation, use of + waters, ports, light-houses, and civil construction of general + utility, when introduced by authorization of the Government or if + free admission is obtained in accordance with local laws. + + 28. Materials of all classes for the construction, repair in whole or + in part of vessels, subject to specific regulations to avoid abuse + in the importation. + + 29. Meats, in brine, salted and smoked, including bacon, hams, and + meats preserved in cans, in lard or by extraction of air, jerked + beef excepted. + + 30. Lard and butter. + + 31. Cheese. + + 32. Fish and shellfish, live, fresh, dried, in brine, salted, smoked, + and pickled, oysters and salmon in cans. + + 33. Oats, barley, rye, and buckwheat, and flour of these cereals. + + 34. Starch, maizena, and other alimentary products of corn, except corn + meal. + + 35. Fruits, fresh, dried, and preserved, except raisins. + + 36. Vegetables and garden products, fresh and dried. + + 37. Hay, straw for forage, and bran. + + 38. Trees, plants, shrubs, and garden seeds. + + 39. Tan bark. + + + SCHEDULE B. + + Products or manufactures of the United States to be admitted into Cuba + and Puerto Rico on payment of the duties stated: + + 40. Corn or maize, 25 cents per 100 kilograms. + + 41. Corn meal, 25 cents per 100 kilograms. + + 42. Wheat, 30 cents per 100 kilograms. + + 43. Wheat flour, $1 per 100 kilograms. + + 44. Carriages, cars and other vehicles for railroads or tramways, + where authorization of the Government for free admission has not + been obtained, 1 per cent _ad valorem_. + + + SCHEDULE C. + + Products or manufactures of the United States to be admitted into Cuba + and Puerto Rico at a reduction of duty of 50 per cent: + + 45. Marble, jasper, and alabaster of all kinds, cut into flags, slabs, + or steps, and the same worked or carved in all kinds of articles, + polished or not. + + 46. Glass and crystal ware, plate and window glass, and the same + silvered, quicksilvered, and platinized. + + 47. Clay in tiles, large and small, and mosaic for pavement, colored + tiles, roof tiles glazed, and pipes. + + 48. Stoneware and fine earthenware, and porcelain. + + 49. Iron, cast, in fine manufactures or those polished, with coating of + porcelain or part of other metals. (See repertory.) + + 50. Iron, wrought, and steel, in axles, tires, springs, and wheels for + carriages, rivets and their washers. + + 51. Iron, wrought, and steel, in fine manufactures or those polished, + with coating of porcelain or part of other metals, not expressly + comprised in other numbers of these schedules, and platform scales + for weighing. (See repertory.) + + 52. Needles, pens, knives (table and carving), razors, penknives, + scissors, pieces for watches, and other similar articles of iron + and steel. + + 53. Tin plate in sheets or manufactured. + + 54. Copper, bronze, brass, and nickel, and alloys of same with common + metals, in lump or bars, and all manufactures of the same. + + 55. All other common metals and alloys of the same, in lump or bars, + and all manufactures of the same, plain, varnished, gilt, silvered, + or nickeled. + + 56. Furniture of all kinds, of wood or metal, including school + furniture, blackboards, and other materials for schools, and all + kinds of articles of fine woods not expressly comprised in other + numbers of these schedules. (See repertory.) + + 57. Rushes, esparto, vegetable hair, broom corn, willow, straw, palm, + and other similar materials, manufactured into articles of all + kinds. + + 58. Pastes for soups, rice flour, bread and crackers, and alimentary + farinas not comprised in other numbers of these schedules. + + 59. Preserved alimentary substances and canned goods not comprised in + other numbers of these schedules, including sausages, stuffed + meats, mustards, sauces, pickles, jams, and jellies. + + 60. Rubber and gutta-percha and manufactures thereof, alone or mixed + with other substances (except silk), and oilcloths and tarpaulin. + + 61. Rice, hulled or unhulled. + + + SCHEDULE D. + + Products or manufactures of the United States to be admitted into Cuba + and Puerto Rico at a reduction of duty of 25 per cent: + + 62. Petroleum, refined, and benzine. + + 63. Cotton, manufactured, spun or twisted, and in goods of all kinds, + woven or knit, and the same mixed with other vegetable or animal + fibers in which cotton is an equal or greater component part, and + clothing exclusively of cotton. + + 64. Rope, cordage, and twine of all kinds. + + 65. Colors, crude and prepared, with or without oil, inks of all kinds, + shoe blacking, and varnishes. + + 66. Soap, toilet, and perfumery. + + 67. Medicines, proprietary or patent and all others, and drugs. + + 68. Stearine and tallow manufactured in candles. + + 69. Paper for printing, for decorating rooms, of wood or straw, for + wrapping and packing, and bags and boxes of same, sandpaper and + pasteboard. + + 70. Leather and skins, tanned, dressed, varnished, or japanned, of all + kinds, including sole leather or belting. + + 71. Boots and shoes in whole or in part of leather or skins. + + 72. Trunks, valises, traveling bags, portfolios, and other similar + articles in whole or in part of leather. + + 73. Harness and saddlery of all kinds. + + 74. Watches and clocks of gold, silver, or other metals, with cases of + stone, wood, or other material, plain or ornamented. + + 75. Carriages of two or four wheels and pieces of the same. + + +It is understood that flour which on its exportation from the United +States has been favored with drawbacks shall not share in the foregoing +reduction of duty. + +The provisional arrangement as set forth in the transitory schedule +shall come to an end on July 1, 1892, and on that date be substituted by +the definitive arrangement as set forth in schedules A, B, C, and D. + +And that the Government of Spain has further provided that the laws +and regulations adopted to protect its revenue and prevent fraud in +the declarations and proof that the articles named in the foregoing +schedules are the product or manufacture of the United States of America +shall place no undue restrictions on the importer nor impose any +additional charges or fees therefor on the articles imported; and + +Whereas the Secretary of State has, by my direction, given assurance +to the envoy extraordinary and minister plenipotentiary of Spain at +Washington that this action of the Government of Spain in granting +exemption of duties to the products and manufactures of the United +States of America on their importation into Cuba and Puerto Rico is +accepted for those islands as a due reciprocity for the action of +Congress as set forth in section 3 of said act: + +Now, therefore, be it known that I, Benjamin Harrison, President of the +United States of America, have caused the above-stated modifications of +the tariff laws of Cuba and Puerto Rico to be made public for the +information of the citizens of the United States of America. + +In testimony whereof I have hereunto set my hand and caused the seal +of the United States to be affixed. + +[SEAL.] + +Done at the city of Washington, this 31st day of July, 1891, and of the +Independence of the United States of America the one hundred and +sixteenth. + +BENJ. HARRISON. + +By the President: + WILLIAM F. WHARTON, + _Acting Secretary of State_. + + + +BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. + +A PROCLAMATION. + +Whereas, pursuant to section 3 of the act of Congress approved October +1, 1890, entitled "An act to reduce the revenue and equalize duties on +imports, and for other purposes," the Secretary of State of the United +States of America communicated to the Government of the Dominican +Republic the action of the Congress of the United States of America, +with a view to secure reciprocal trade, in declaring the articles +enumerated in said section 3, to wit, sugars, molasses, coffee, and +hides, to be exempt from duty upon their importation into the United +States of America; and + +Whereas the envoy extraordinary and minister plenipotentiary of the +Dominican Republic at Washington has communicated to the special +plenipotentiary of the United States the fact that, in reciprocity and +compensation for the admission into the United States of America free +of all duty of the articles enumerated in section 3 of said act, the +Government of the Dominican Republic will by due legal enactment admit, +from and after September 1, 1891, into all the established ports of +entry of the Dominican Republic the articles or merchandise named in the +following schedules, on the terms stated therein, provided that the same +be the product or manufacture of the United States and proceed directly +from the ports of said States: + + + SCHEDULE A. + + Articles to be admitted free of duty into the Dominican Republic: + + 1. Animals, live. + + 2. Meats of all kinds, salted or in brine, but not smoked. + + 3. Corn or maize, corn meal, and starch. + + 4. Oats, barley, rye, and buckwheat, and flour of these cereals. + + 5. Hay, bran, and straw for forage. + + 6. Trees, plants, vines, and seeds, and grains of all kinds for + propagation. + + 7. Cotton-seed oil and meal cake of same. + + 8. Tallow, in cake or melted, and oil for machinery, subject to + examination and proof respecting the use of said oil. + + 9. Resin, tar, pitch, and turpentine. + + 10. Manures, natural and artificial. + + 11. Coal, mineral. + + 12. Mineral waters, natural and artificial. + + 13. Ice. + + 14. Machines, including steam engines and those of all other kinds, + and parts of the same, implements and tools for agricultural, + mining, manufacturing, industrial, and scientific purposes, + including carts, wagons, handcarts, and wheelbarrows, and parts + of the same. + + 15. Material for the construction and equipment of railways. + + 16. Iron, cast and wrought, and steel, in pigs, bars, rods, plates, + beams, rafters, and other similar articles for the construction + of buildings, and in wire, nails, screws, and pipes. + + 17. Zinc, galvanized and corrugated iron, tin and lead in sheets, + asbestus, tar paper, tiles, slate, and other material for roofing. + + 18. Copper in bars, plates, nails, and screws. + + 19. Copper and lead pipe. + + 20. Bricks, fire bricks, cement, lime, artificial stone, paving tiles, + marble and other stones in rough, dressed or polished, and other + earthy materials used in building. + + 21. Windmills. + + 22. Wire, plain or barbed, for fences, with hooks, staples, nails, and + similar articles used in the construction of fences. + + 23. Telegraph wire and telegraphic, telephonic, and electrical + apparatus of all kinds for communication and illumination. + + + 24. Wood and lumber of all kinds for building, in logs or pieces, + beams, rafters, planks, boards, shingles, flooring, joists, + wooden houses, mounted or unmounted, and accessory parts of + buildings. + + 25. Cooperage of all kinds, including staves, headings, and hoops, + barrels and boxes, mounted or unmounted. + + 26. Materials for shipbuilding. + + 27. Boats and lighters. + + 28. School furniture, blackboards, and other articles exclusively for + the use of schools. + + 29. Books, bound or unbound, pamphlets, newspapers and printed matter, + and paper for printing newspapers. + + 30. Printers' inks of all colors, type, leads, and all accessories for + printing. + + 31. Sacks, empty, for packing sugar. + + 32. Gold and silver coin and bullion. + + + SCHEDULE B. + + Articles to be admitted into the Dominican Republic at a reduction of + duty of 25 per cent: + + 33. Meats not included in Schedule A and meat products of all kinds + except lard. + + 34. Butter, cheese, and condensed or canned milk. + + 35. Fish and shellfish, salted, dried, smoked, pickled, or preserved + in cans. + + 36. Fruits and vegetables, fresh, canned, dried, pickled, or preserved. + + 37. Manufactures of iron and steel, single or mixed, not included in + Schedule A. + + 38. Cotton, manufactured, spun or twisted, and in fabrics of all kinds, + woven or knit, and the same fabrics mixed with other vegetable or + animal fibers in which cotton is the equal or greater component + part. + + 39. Boots and shoes in whole or in part of leather or skins. + + 40. Paper for writing, in envelopes, ruled or blank books, wall paper, + paper for wrapping and packing, for cigarettes, in cardboard, + boxes, and bags, sandpaper and pasteboard. + + 41. Tin plate and tinware for arts, industries, and domestic uses. + + 42. Cordage, rope, and twine of all kinds. + + 43. Manufactures of wood of all kinds not embraced in Schedule A, + including wooden ware, implements for household use, and + furniture in whole or in part of wood. + + +And that the Government of the Dominican Republic has further provided +that the laws and regulations adopted to protect its revenue and prevent +fraud in the declarations and proof that the articles named in the +foregoing schedules are the product or manufacture of the United States +of America shall place no undue restrictions on the importer nor impose +any additional charges or fees therefor on the articles imported; and + +Whereas the special plenipotentiary of the United States has, by my +direction, given assurance to the envoy extraordinary and minister +plenipotentiary of the Dominican Republic at Washington that this action +of the Government of the Dominican Republic in granting exemption of +duties to the products and manufactures of the United States of America +on their importation into the Dominican Republic is accepted as a due +reciprocity for the action of Congress as set forth in section 3 of said +act: + +Now, therefore, be it known that I, Benjamin Harrison, President of the +United States of America, have caused the above-stated modifications of +the tariff laws of the Dominican Republic to be made public for the +information of the citizens of the United States of America. + +In testimony whereof I have hereunto set my hand and caused the seal of +the United States to be affixed. + +[SEAL.] + +Done at the city of Washington, this 1st day of August, 1891, and of the +Independence of the United States of America the one hundred and +sixteenth. + +BENJ. HARRISON. + +By the President: + WILLIAM F. WHARTON, + _Acting Secretary of State_. + + + +BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. + +A PROCLAMATION. + +Whereas it is provided by section 24 of an act approved March 3, 1891, +entitled "An act to repeal timber-culture laws, and for other +purposes"-- + + That the President of the United States may from time to time set + apart and reserve in any State or Territory having public land bearing + forests, in any part of the public lands wholly or in part covered with + timber or undergrowth, whether of commercial value or not, as public + reservations; and the President shall by public proclamation declare + the establishment of such reservations and limits thereof. + + +And whereas the lands hereinafter described are public and forest +bearing, and on the 30th of March last I issued a proclamation[17] +intended to reserve the same as authorized in said act, but as some +question has arisen as to the boundaries proclaimed being sufficiently +definite to cover the forests intended to be reserved: + +Now, therefore, I, Benjamin Harrison, President of the United States, +for the purpose of removing any doubt and making the boundaries of said +reservation more definite, by virtue of the power in me vested by said +act, do hereby issue this my second proclamation and hereby set apart, +reserve, and establish as a public reservation all that tract of land +situate in the State of Wyoming embraced within the following boundary: + + Beginning at a point on the parallel of 44° 50' north latitude where + said parallel is intersected by the east boundary of the Yellowstone + National Park; thence due east along said parallel 24-1/2 miles; thence + due south to the parallel of 44° north latitude; thence due west along + said parallel to its point of intersection with the west boundary of + the State of Wyoming; thence due north along said boundary to its + intersection with the south boundary of the Yellowstone National Park; + thence due east along the south boundary of said park to the southeast + corner thereof; thence due north along the east boundary of said park + to the place of beginning. + + +And warning is hereby expressly given to all persons not to enter or +make settlement upon the tract of land reserved by this proclamation. + +In witness whereof I have hereunto set my hand and caused the seal of +the United States to be affixed. + +[SEAL.] + +Done at the city of Washington, this 10th day of September, A.D. 1891, +and of the Independence of the United States the one hundred and +fifteenth. + +BENJ. HARRISON. + +By the President: + WILLIAM F. WHARTON, + _Acting Secretary of State_. + +[Footnote 17: See pp. 142-143.] + + + +BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. + +A PROCLAMATION. + +Whereas by a written agreement made on the 12th day of June, 1890, the +Sac and Fox Nation of Indians, in the Territory of Oklahoma, ceded and +conveyed to the United States of America all title or interest of said +Indians in and to the lands particularly described in Article I of the +agreement, except the quarter section of land on which the Sac and Fox +Agency is located, and provided that the section of land now designated +and set apart near the Sac and Fox Agency for a school and farm shall +not be subject either to allotment or to homestead entry; that every +citizen of said nation shall have an allotment of land in quantity as +therein stated, to be selected within the tract of country so ceded, +except in sections 16 and 36 in each Congressional township, and except +the agency quarter section and section set apart for school and farm, +as above mentioned, or other lands selected in lieu thereof; that when +the allotments to the citizens of the Sac and Fox Nation are made the +Secretary of the Interior shall cause trust patents to issue therefor in +the name of the allottees, and that as soon as such allotments are so +made and approved by the Department of the Interior, and the patents +provided for are issued, then the residue of said tract of country +shall, as far as said Sac and Fox Nation is concerned, become public +lands of the United States, and, under such restrictions as may be +imposed by law, be subject to white settlement; and + +Whereas by a certain other agreement with the Iowa tribe of Indians +residing on the Iowa Reservation, in said Territory, made on the 20th +day of May, 1890, said tribe surrendered and relinquished to the United +States all their title and interest in and to the lands of said Indians +in said Territory, and particularly described in Article I of said +agreement, and provided that each and every member of said tribe shall +have an allotment of 80 acres of land upon said reservation, and upon +the approval of such allotments by the Secretary of the Interior that +trust patents shall be issued therefor, and that there shall be excepted +from the operation of said agreement a tract of land not exceeding +10 acres, in a square form, including the church and schoolhouse and +graveyard at or near the Iowa village, which shall belong to said Iowa +tribe of Indians in common, subject to the conditions and limitations +in said agreement expressed; that the chief of the Iowas may select an +additional 10 acres, in a square form, for the use of said tribe in said +reservation, conforming in boundaries to the legal subdivisions of land +therein, which shall be held by said tribe in common, subject to the +conditions and limitations as expressed in relation thereto; and + +Whereas it is provided-in the act of Congress approved February 13, +1891 (26 U.S. Statutes at Large, pp. 758, 759), section 7, accepting, +ratifying, and confirming said agreements with the Sac and Fox Nation +of Indians and the Iowa tribe of Indians-- + + That whenever any of the lands acquired by the agreements in this act + ratified and confirmed shall by operation of law or proclamation of + the President of the United States be open to settlement they shall + be disposed of to actual settlers only, under the provisions of the + homestead laws, except section 2301, which shall not apply: _Provided, + however_, That each settler under and in accordance with the provisions + of said homestead laws shall before receiving a patent for his homestead + pay to the United States for the land so taken by him, in addition to + the fees provided by law, the sum of $1.25 for each acre thereof; and + such person, having complied with all the laws relating to such + homestead settlement, may at his option receive a patent therefor at the + expiration of twelve months from date of settlement upon said homestead; + and any person otherwise qualified who has attempted to but for any + cause failed to secure a title in fee to a homestead under existing law, + or who made entry under what is known as the commuted provision of the + homestead law, shall be qualified to make a homestead entry upon any of + said lands. + + +And whereas by a certain other agreement with the Citizen band of +Pottawatomie Indians, in said Territory, made on the 25th day of June, +1890, the said band of Indians ceded and absolutely surrendered to the +United States all their title and interest in and to the lands in said +Territory, and particularly described in Article I of said agreement, +and provided that all allotments of land theretofore made, or then being +made, or to be made, to members of said Citizen band of Pottawatomie +Indians under the provisions of the general allotment act approved +February 8, 1887, shall be confirmed; that in all allotments to be +thereafter made no person shall have the right to select his or her +allotment in sections 16 and 36 in any Congressional township, nor upon +any land heretofore set apart in said tract of country for any use by +the United States, or for schools, school-farm, or religious purposes; +nor shall said sections 16 and 36 be subject to homestead entry, but +shall be kept and used for school purposes; nor shall any lands set +apart for any use of the United States, or for school, school-farm, or +religious purposes, be subject to homestead entry, but shall be held by +the United States for such purposes so long as the United States shall +see fit to use them; and further, that the south half of section 7 +and the north half of section 18, in township 6 north, range 5 east, +theretofore set apart by a written agreement between said band of +Indians and certain Catholic fathers for religious, school, and farm +purposes, shall not be subject to allotment or homestead entry, but +shall be held by the United States for the Sacred Heart Mission, the +name under which said association of fathers are conducting the church, +school, and farm on said lands; and + +Whereas by a certain agreement with the Absentee Shawnee Indians, in +said Territory, made on the 26th day of June, 1890, said last-named +Indians ceded, relinquished, and surrendered to the United States all +their title and interest in and to the lands in said Territory, and +particularly described in Article I of said agreement, provided that all +allotments of lands theretofore made, or then being made, or to be made, +to said Absentee Shawnees under the provisions of the general allotment +act approved February 8, 1887, shall be confirmed; that in all +allotments to be thereafter made no person shall have the right to +select his or her allotment in sections 16 and 36 in any Congressional +township, nor in any land heretofore set apart in said tract of country +for any use by the United States, or for school, school-farm, or +religious purposes; nor shall said sections 16 and 36 be subject to +homestead entry, but shall be held by the United States for such +purposes so long as the United States shall see fit to use them; and + +Whereas it is provided in the act of Congress accepting, ratifying, and +confirming said agreements with the Citizen band of Pottawatomie Indians +and the Absentee Shawnee Indians, approved March 3, 1891 (26 U.S. +Statutes at Large, pp. 989-1044), section 16-- + + That whenever any of the lands acquired by either of the * * * foregoing + agreements respecting lands in the Indian or Oklahoma Territory shall by + operation of law or proclamation of the President of the United States + be open to settlement they shall be disposed of to actual settlers only, + under the provisions of the homestead and town-site laws, except section + 2301 of the Revised Statutes of the United States, which-shall not + apply: _Provided, however_, That each settler on said lands shall before + making a final proof and receiving a certificate of entry pay to the + United States for the land so taken by him, in addition to the fees + provided by law, and within five years from the date of the first + original entry, the sum of $1.50 per acre, one-half of which shall be + paid within two years; but the rights of honorably discharged Union + soldiers and sailors as defined and described in sections 2304 and 2305 + of the Revised Statutes of the United States shall not be abridged + except as to the sum to be paid as aforesaid; and all the lands in + Oklahoma are hereby declared to be agricultural lands, and proof of + their nonmineral character shall not be required as a condition + precedent to final entry. + + +And whereas allotments of land in severalty to said Sac and Fox Nation, +said Iowa tribe, said Citizen band of Pottawatomies, and said Absentee +Shawnee Indians have been made and approved, and provisional patents +issued therefor, in accordance with law and the provisions of the +before-mentioned agreements with them respectively, and an additional +10 acres of land has been selected for the use of said Iowa tribe, to +be held by said tribe in common, in accordance with the provisions of +supplemental Article XII of the agreement with them; and + +Whereas the lands acquired by the four several agreements hereinbefore +mentioned have been divided into counties by the Secretary of the +Interior, as required by said last-mentioned act of Congress before the +same shall be open to settlement, and lands have been reserved for +county-seat purposes, as therein required; and + +Whereas it is provided by act of Congress for temporary government of +Oklahoma, approved May 2, 1890, that there shall be reserved public +highways 4 rods wide between each section of land in said Territory, the +section lines being the centers of said highways, but no deduction shall +be made from cash payments from each quarter section by reason thereof; +and + +Whereas all the terms, conditions, and considerations required by said +several agreements made respectively with said tribes of Indians +hereinbefore mentioned, and of the laws relating thereto, precedent +to opening said several tracts of land to settlement, have been, as +I hereby declare, provided for, paid, and complied with: + +Now, therefore, I, Benjamin Harrison, President of the United States, by +virtue of the power in me vested by the statutes hereinbefore mentioned, +also an act of Congress entitled "An act making appropriations for the +current and contingent expenses of the Indian Department and fulfilling +treaty stipulations with various Indian tribes for the year ending June +30, 1890, and for other purposes," approved March 2, 1889, and by other +the laws of the United States, and by said several agreements, do hereby +declare and make known that all of the lands acquired from the Sac and +Fox Nation of Indians, the Iowa tribe of Indians, the Citizen band of +Pottawatomie Indians, and the Absentee Shawnee Indians by the four +several agreements aforesaid, saving and excepting the lands allotted +to the Indians as in said agreements provided, or otherwise reserved +in pursuance of the provisions of said agreements and the said acts of +Congress ratifying the same and other the laws relating thereto, will, +at and after the hour of 12 o'clock noon (central standard time), +Tuesday, the 22d day of this the present month of September, and not +before, be opened to settlement, under the terms of and subject to all +the conditions, limitations, reservations, and restrictions contained +in said agreements, the statutes above specified, and the laws of the +United States applicable thereto. + +The lands to be so opened to settlement are for greater convenience +particularly described in the accompanying schedule, entitled "Schedule +of lands within the Sac and Fox, Iowa, Pottawatomie (and Absentee +Shawnee) reservations, in Oklahoma Territory, opened to settlement by +proclamation of the President dated September 18, 1891," and which +schedule is made a part hereof. + +Each entry shall be in square form as nearly as practicable; and no +other lands in the Territory of Oklahoma are opened to settlement under +this proclamation or the agreements ratifying the same. + +Notice, moreover, is hereby given that it is by law enacted that until +said lands are opened to settlement by proclamation no person shall be +permitted to enter upon and occupy the same, and no person violating +this provision shall be permitted to enter any of said lands or acquire +any right thereto. The officers of the United States will be required to +enforce this provision. + +And further notice is hereby given that it has been duly ordered that +the lands in the Territory of Oklahoma mentioned and included in this +proclamation be, and the same are, attached to the Eastern and Oklahoma +land districts in said Territory, severally, as follows: + + + 1. All that portion of the Territory of Oklahoma commencing at the + southwest corner of township 14 north, range 1 east; thence east on + town line between townships 13 and 14 to the west boundary of the + Creek country; thence north on said boundary line to the middle of main + channel of the Cimarron River; thence up the Cimarron River, following + the main channel thereof, to the Indian meridian; thence south on said + meridian line to the place of beginning, is attached to the Eastern + land district in Oklahoma Territory, the office of which is now located + at Guthrie. + + 2. All that portion of said Territory commencing at the northwest + corner of township 13 north, range 1 east; thence south on Indian + meridian to the North Fork of the Canadian River; thence west up said + river to the west boundary of the Pottawatomie Indian Reservation, + according to Merrill's survey; thence south, following the line as run + by O.T. Morrill under his contract of September 3, 1872, to the middle + of the main channel of the Canadian River; thence east down the main + channel of said river to the west boundary of the Seminole Indian + Reservation; thence north with said west boundary to the North Fork + of the Canadian River; thence east down said North Fork to the west + boundary of the Creek Nation; thence north with said west boundary to + its intersection with the line between townships 13 and 14 north of the + Indian base; thence west on town line between townships 13 and 14 north + to the place of beginning, is attached to the Oklahoma land district in + said Territory, the office of which is now located at Oklahoma City. + + +In witness whereof I have hereunto set my hand and caused the seal of +the United States to be affixed. + +[SEAL.] + +Done at the city of Washington, this 18th day of September, A.D. 1891, +and of the Independence of the United States the one hundred and +sixteenth. + +BENJ. HARRISON. + +By the President: + WILLIAM F. WHARTON, + _Acting Secretary of State_. + + + +BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. + +A PROCLAMATION. + +Whereas it is provided by section 24 of the act of Congress approved +March 3, 1891, entitled "An act to repeal the timber-culture laws, and +for other purposes"-- + + That the President of the United States may from time to time set apart + and reserve in any State or Territory having public lands bearing + forests, in any part of the public lands wholly or in part covered with + timber or undergrowth, whether of commercial value or not, as public + reservations; and the President shall by public proclamation declare + the establishment of such reservation and the limits thereof. + + +And whereas the public lands in the State of Colorado within the limits +hereinafter described are in part covered with timber, and it appears +that the public good would be promoted by setting apart and reserving +said lands as a public reservation: + +Now, therefore, I, Benjamin Harrison, President of the United States, +by virtue of the power in me vested by section 24 of the aforesaid act +of Congress, do hereby make known and proclaim that there is hereby +reserved from entry or settlement and set apart as a public reservation +all those certain tracts, pieces, or parcels of land lying and being +situate in the State of Colorado and particularly described as follows, +to wit: + +Beginning at a point between sections three (3) and four (4) on the +north boundary of township five (5) south, range eighty-seven (87) west +of the sixth principal meridian in Colorado; thence north 12 miles; +thence east to the southeast corner of township two (2) south, range +eighty-six (86) west; thence north between ranges numbered eighty-five +(85) and eighty-six (86) west to the base line; thence west along the +base line to the southwest corner of township one (1) north, range +eighty-five (85) west; thence north between ranges numbered eighty-five +(85) and eighty-six (86) west to a point between sections thirteen (13) +and twenty-four (24) on the east boundary of township five (5) north, +range eighty-six (86) west; thence west through the middle of township +five (5) north to the center of township five (5) north, range +ninety-one (91) west; thence south to a point between sections three +(3) and four (4) on the north boundary of township two (2) north, range +ninety-one (91) west; thence west six (6) miles to a point between +sections three (3) and four (4) on the north boundary of township two +(2) north, range ninety-two (92) west; thence south to a point on the +base line between sections thirty-three (33) and thirty-four (34) of +township one (1) north, range ninety-two (92) west; thence west along +the base line to a point between sections three (3) and four (4) on the +north boundary of township one (1) south, range ninety-two (92) west; +thence south to a point between sections three (3) and four (4) on the +north boundary of township two (2) south, range ninety-two (92) west; +thence west to the northwest corner of township two (2) south, range +ninety-three (93) west; thence south to the southwest corner of township +three (3) south, range ninety-three (93) west; thence east to the +northeast corner of township four (4) south, range ninety-two (92) west; +thence south to the southeast corner of township four (4) south, range +ninety-two (92) west; thence east to the place of beginning. + +Excepting from the force and effect of this proclamation all land which +may have been prior to the date hereof embraced in any valid entry or +covered by a lawful filing duly made in the proper United States land +office, and all mining claims duly located and held according to the +laws of the United States and local rules and regulations not in +conflict therewith. + +_Provided_, That this exception shall not continue to apply to any +particular tract of land unless the entryman or claimant continues to +comply with the law under which the entry, filing, or location was made. + +Warning is hereby expressly given to all persons not to enter or make +settlement upon the tract of land reserved by this proclamation. + +In witness whereof I have hereunto set my hand and caused the seal of +the United States to be affixed. + +[SEAL.] + +Done at the city of Washington, this 16th day of October, A.D. 1891, and +of the Independence of the United States the one hundred and sixteenth. + +BENJ. HARRISON. + +By the President: + WILLIAM F. WHARTON, + _Acting Secretary of State_. + + + +BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. + +A PROCLAMATION. + +It is a very glad incident of the marvelous prosperity which has crowned +the year now drawing to a close that its helpful and reassuring touch +has been felt by all our people. It has been as wide as our country, and +so special that every home has felt its comforting influence. It is too +great to be the work of man's power and too particular to be the device +of his mind. To God, the beneficent and the all-wise, who makes the +labors of men to be fruitful, redeems their losses by His grace, and the +measure of whose giving is as much beyond the thoughts of man as it is +beyond his deserts, the praise and gratitude of the people of this +favored nation are justly due. + +Now, therefore, I, Benjamin Harrison, President of the United States of +America, do hereby appoint Thursday, the 26th day of November present, +to be a day of joyful thanksgiving to God for the bounties of His +providence, for the peace in which we are permitted to enjoy them, and +for the preservation of those institutions of civil and religious +liberty which He gave our fathers the wisdom to devise and establish and +us the courage to preserve. Among the appropriate observances of the day +are rest from toil, worship in the public congregation, the renewal of +family ties about our American firesides, and thoughtful helpfulness +toward those who suffer lack of the body or of the spirit. + +In testimony whereof I have hereunto set my hand and caused the seal of +the United States to be affixed. + +[SEAL.] + +Done at the city of Washington, this 13th day of November, A.D. 1891, +and of the Independence of the United States the one hundred and +sixteenth. + +BENJ. HARRISON. + +By the President: + JAMES G. BLAINE, + _Secretary of State_. + + + +BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. + +A PROCLAMATION. + +Whereas satisfactory proof has been given to me that no tonnage or +light-house dues, or other equivalent tax or taxes, are imposed upon +vessels of the United States in the ports of the island of Tobago, one +of the British West India Islands: + +Now, therefore, I, Benjamin Harrison, President of the United States of +America, by virtue of the authority vested in me by section 11 of the +act of Congress entitled "An act to abolish certain fees for official +services to American vessels, and to amend the laws relating to shipping +commissioners, seamen, and owners of vessels, and for other purposes," +approved June 19, 1886, do hereby declare and proclaim that from and +after the date of this my proclamation shall be suspended the collection +of the whole of the tonnage duty which is imposed by said section of +said act upon vessels entered in the ports of the United States from any +of the ports of the island of Tobago. + +_Provided_, That there shall be excluded from the benefits of the +suspension hereby declared and proclaimed the vessels of any foreign +country in whose ports the fees or dues of any kind or nature imposed on +vessels of the United States, or the import or export duties on their +cargoes, are in excess of the fees, dues, or duties imposed on the +vessels of such country or on the cargoes of such vessels; but this +proviso shall not be held to be inconsistent with the special regulation +by foreign countries of duties and other charges on their own vessels, +and the cargoes thereof, engaged in their coasting trade, or with the +existence between such countries and other states of reciprocal +stipulations founded on special conditions and equivalents, and thus not +within the treatment of American vessels under the most-favored-nation +clause in treaties between the United States and such countries. + +And the suspension hereby declared and proclaimed shall continue so long +as the reciprocal exemption of vessels belonging to citizens of the +United States and their cargoes shall be continued in the said ports of +the island of Tobago and no longer. + +In witness whereof I have hereunto set my hand and caused the seal of +the United States to be affixed. + +[SEAL.] + +Done at the city of Washington, this 2d day of December, A.D. 1891, and +of the Independence of the United States the one hundred and sixteenth. + +BENJ. HARRISON. + +By the President: + JAMES G. BLAINE, + _Secretary of State_. + + + + +EXECUTIVE ORDERS. + + +EXECUTIVE MANSION, _Washington, D.C., January 19, 1891_. + +The death of George Bancroft, which occurred in the city of Washington +on Saturday, January 17, at 3.40 o'clock p.m., removes from among the +living one of the most distinguished Americans. As an expression of the +public loss and sorrow the flags of all the Executive Departments at +Washington and the public buildings in the cities through which the +funeral party is to pass will be placed at half-mast on to-morrow and +until the body of this eminent statesman, scholar, and historian shall +rest in the State that gave him to his country and to the world. + +By direction of the President: + +ELIJAH W. HALFORD, _Private Secretary_. + + + +AMENDMENT OF CIVIL-SERVICE RULES. + +JANUARY 26, 1891. + +Special Departmental Rule No. 1 is hereby amended by adding to the +exceptions from examination therein declared the following: + + + In the Department of Agriculture, in the office of the Secretary, + division of illustration and engraving: One artist. + + +BENJ. HARRISON. + + + +DEPARTMENT OF STATE, _Washington, January 30, 1891_. + + +SIR:[18] The Hon. William Windom, Secretary of the Treasury of the +United States, died suddenly last night, in the city of New York, at the +hour of eleven minutes past 10 o'clock, in the sixty-fourth year of his +age. Thus has passed away a man of pure life, an official of stainless +integrity, distinguished by long and eminent service in both branches of +Congress and by being twice called to administer the national finances. +His death has caused deep regret throughout the country, while to the +President and those associated with him in the administration of the +Government it comes as a personal sorrow. + +The President directs that all the Departments of the executive brand of +the Government and the officers subordinate thereto shall manifest due +respect to the memory of this eminent citizen in a manner consonant with +the dignity of the office which he has honored by his devotion to public +duty. + +The President further directs that the Treasury Department in all its +branches in this capital be draped in mourning for the period of thirty +days, that on the day of the funeral the several Executive Departments +shall be closed, and that on all public buildings throughout the United +States the national flag shall be displayed at half-mast. + +Very respectfully, + +JAMES G. BLAINE. + +[Footnote 18: Addressed to the heads of the Executive Departments, etc.] + + + +EXECUTIVE MANSION, _February 13, 1891_. + +_To the Heads of the Executive Departments_: + +In token of respect to the memory of Admiral David D. Porter, who died +this morning, the President directs that the national flag be displayed +at half-mast upon all public buildings throughout the United States +until after his funeral shall have taken place, and that on the day of +the funeral public business in the Departments at Washington be +suspended. + +E.W. HALFORD, _Private Secretary_. + + + +GENERAL ORDERS NO. 16. + +HEADQUARTERS OF THE ARMY, + ADJUTANT-GENERAL'S OFFICE, + _Washington, February 14, 1891_. + +I. The following order of the War Department is published to the Army: + + WAR DEPARTMENT, _Washington, February 14, 1891_. + + The death of General Sherman is hereby announced in the fitting words + of the President in his message to Congress: + + [For message see p. 135.] + + +The following Executive order will be published to the Army: + + + EXECUTIVE MANSION, _Washington, D.C., February 14, 1891_. + + It is my painful duty to announce to the country that General William + Tecumseh Sherman died this day at 1 o'clock and 50 minutes p.m., at his + residence in the city of New York. The Secretary of War will cause the + highest military honors to be paid to the memory of this distinguished + officer. The national flag will be floated at half-mast over all public + buildings until after the burial, and the public business will be + suspended in the Executive Departments at the city of Washington and in + the city where the interment takes place on the day of the funeral and + in all places where public expression is given to the national sorrow + during such hours as will enable every officer and employee to + participate therein with their fellow-citizens. + + BENJ. HARRISON. + + +The Major-General Commanding will issue the necessary orders to the +Army. + +_It is ordered_, That the War Department be draped in mourning for the +period of thirty days, and that all business be suspended therein on the +day of the funeral. + +L.A. GRANT, _Acting Secretary of War_. + + +II. On the day of the funeral the troops at every military post will be +paraded and this order read to them, after which all labors for the day +will cease. The national flag will be displayed at half-staff from the +time of the receipt of this order until the close of the funeral. On the +day of the funeral a salute of seventeen guns will be fired at half-hour +intervals, commencing at 8 o'clock a.m. The officers of the Army will +wear the usual badges of mourning, and the colors of the several +regiments and battalions will be draped in mourning for a period of six +months. + +The day and hour of the funeral will be communicated to department +commanders by telegraph, and by them to their subordinate commanders. +Other necessary orders will be issued hereafter relative to the +appropriate funeral ceremonies. + +By command of Major-General Schofield: + +J.C. KELTON, _Adjutant-General_. + + + +GENERAL ORDER. + +NAVY DEPARTMENT, _February 16, 1891_. + + +The following Executive order, announcing the death of General William +Tecumseh Sherman, is published for the information of the Navy and the +Marine Corps: + +[For Executive order see preceding page.] + +In accordance with the order of the President, the Navy Department will +be closed and all business suspended therein on the day of the funeral, +and the flag at all yards and stations will be displayed at half-mast +until after the burial of General Sherman, and in all places where +public expression is given to the national sorrow business will be +suspended at navy-yards or stations during such hours as will enable +officers and employees of the Navy to participate therein with their +fellow-citizens. + +B.F. TRACY, _Secretary of the Navy_. + + + +AMENDMENT OF CIVIL-SERVICE RULES. + +FEBRUARY 18, 1891. + +Special Departmental Rule No. 1 is hereby amended so as to include among +the places excepted from examination therein the following: + + In the Department of Agriculture, in the office of the Secretary: + Private secretary to the chief of the division of statistics. + + +BENJ. HARRISON. + + + +AMENDMENT OF CIVIL-SERVICE RULES. + +FEBRUARY 21, 1891. + +Special Departmental Rule No. 1 is hereby amended so as to include among +the places excepted from examination therein the following: + + In the Department of the Treasury, in the Coast and Geodetic Survey: + Clerk to act as confidential clerk and cashier to the disbursing + officer. + + In the Post-Office Department, office of Assistant Attorney-General: + Confidential clerk to the Assistant Attorney-General. + + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _Washington, D.C., February 26, 1891_. + +In accordance with an act of Congress approved September 27, 1890, the +following limits to the punishment of enlisted men, together with the +accompanying regulations, are established for the government in time of +peace of all courts-martial, and will take effect thirty days after the +date of this order: + +I. Subject to the modifications authorized in subdivision 3 of this +section, the punishment for desertion shall not exceed the following: + +1. In the case of a soldier who surrenders-- + +(_a_) When such surrender is made within thirty days after desertion, +confinement at hard labor, with forfeiture of pay and allowances, for +three months. + +(_b_) When such surrender is made after an absence of more than thirty +days and not more than ninety days, confinement at hard labor, with +forfeiture of pay and allowances, for six months. + +(_c_) When such surrender is made after an absence of more than ninety +days, dishonorable discharge, with forfeiture of all pay and allowances, +and confinement at hard labor for eighteen months: _Provided_, That in +the case of a deserter who had not been more than three months in the +service the confinement shall not exceed ten months. + +2. In the case of a soldier who does not surrender-- + +(_a_) When at the time of desertion he shall have been less than three +months in the service, dishonorable discharge, with forfeiture of all +pay and allowances, and confinement at hard labor for one year. + +(_b_) When at the time of desertion he shall have been three months or +more, but less than six months, in the service, dishonorable discharge, +with forfeiture of all pay and allowances, and confinement at hard labor +for eighteen months. + +(_c_) When at the time of desertion he shall have been six months or +more in the service, dishonorable discharge, with forfeiture of all pay +and allowances, and confinement at hard labor for two years and six +months. + +3. The foregoing limitations will be subject to modification under the +following conditions: + +(_a_) The punishment of a deserter may be increased by one year of +confinement at hard labor in consideration of each previous conviction +of desertion, and also by dishonorable discharge and forfeiture of all +pay and allowances when not already authorized. + +(_b_) The punishment for desertion when joined in by two or more +soldiers in the execution of a conspiracy, or for desertion in the +presence of an outbreak of Indians or of any unlawful assemblage which +the troops may be opposing, shall not exceed dishonorable discharge, +forfeiture of all pay and allowances, and confinement at hard labor +for five years. + +II. Except as herein otherwise indicated, punishments shall not exceed +the limits prescribed in the following table: + + + Offenses. Limit of punishment. + + _Under seventeenth + article of war_. + + Selling horse or arms, Three years' confinement at hard + either or both labor; for noncommissioned officer, + reduction in addition thereto.[19] + + Selling accouterments Four months confinement at hard + labor; for noncommissioned officer, + reduction in addition thereto.[19] + + Selling clothing Two months' confinement at hard + labor; for noncommissioned officer, + reduction in addition thereto.[19] + + Losing or spoiling horse Four months' confinement at hard + or arms through neglect labor; for noncommissioned officer, + reduction in addition thereto.[19] + + Losing or spoiling One month's confinement at hard + accouterments or clothing labor; for noncommissioned officer, + through neglect reduction in addition thereto.[19] + + + _Under twentieth article of war_. + + Behaving himself with Six months' confinement at hard labor + disrespect toward his and forfeiture of $10 per month for + commanding officer the same period; for noncommissioned + officer, reduction in addition + thereto. + + + _Under twenty-fourth article of war_. + + Refusal to obey or using Dishonorable discharge, with + violence to officer or forfeiture of all pay and allowances, + noncommissioned officer and imprisonment for 2 years. + while quelling quarrels + or disorders + + + _Under thirty-first article of war_. + + Lying out of quarters Forfeiture of $2; corporal, $3; + sergeant, $4. + + + _Under thirty-second article of war_. + + Absence without leave-- + + Less than 1 hour (not Forfeiture of 50 cents; corporal, $1; + including absence from sergeant, $2. + a roll call) + + Less than 1 hour Forfeiture of $1; corporal, $2; + (including absence from sergeant, $3; first sergeant or + a roll call) noncommissioned officer of higher + grade, $4. + + From 1 to 6 hours Forfeiture of $2; corporal, $3; + sergeant, $4; first sergeant or + noncommissioned officer of higher + grade, $5. + + From 6 to 12 hours Forfeiture of $3; corporal, $4; + sergeant, $6; first sergeant or + noncommissioned officer of higher + grade, $7. + + From 12 to 24 hours Forfeiture of $5; corporal, $6; + sergeant, $7; first sergeant or + noncommissioned officer of higher + grade, $10. + + From 24 to 48 hours Forfeiture of $6 and 5 days' + confinement at hard labor. For + corporal, forfeiture of $8; sergeant, + $10; first sergeant or noncommissioned + officer of higher grade, $12; or + for all noncommissioned officers, + reduction. + + From 2 to 9 days Forfeiture of $10 and 10 days' + confinement at hard labor; for + noncommissioned officer, reduction + in addition thereto. + + From 10 to 29 days Forfeiture of $20 and 1 month's + confinement at hard labor; for + noncommissioned officer, reduction + in addition thereto. + + From 30 to 90 days Three months' confinement at hard + labor and forfeiture of $10 per month + for same period; for noncommissioned + officer, reduction in addition + thereto. + + For more than 90 days Dishonorable discharge and forfeiture + of all pay and allowances and 3 + months' confinement at hard labor. + + + _Under thirty-third article of war_. + + Failure to repair at the time + fixed, etc., to the place of + parade for-- + + Reveille or retreat roll call Forfeiture of 50 cents; corporal, $1; + sergeant, $2; first sergeant, $3. + + Guard detail Forfeiture of $5; corporal, $8; + sergeant, $10. + + Fatigue detail } + Dress parade } + The weekly inspection } + Target practice } Forfeiture of $2; corporal, $3; + Drill } sergeant, $5. + Guard mounting (by musician) } + Stable duty } + + + _Under thirty-eighth article of war_. + + Drunkenness on-- + + Guard Six months' confinement at hard labor + and forfeiture of $10 per month for + the same period; for noncommissioned + officer, reduction in addition + thereto. + + Duty as company cook Forfeiture of $10. + + Extra or special duty } + At drill } + At target practice } + At parade } Forfeiture of $6; for + At inspection } noncommissioned officer, reduction + At inspection of company guard } and forfeiture of $10. + detail } + At stable duty } + + + _Under fortieth article of war_. + + Quitting guard Six months' confinement at hard labor + and forfeiture of $10 per month for + the same period; for noncommissioned + officer, reduction in addition + thereto. + + + _Under fifty-first article of war_. + + Persuading soldiers to desert Six months' confinement at hard labor + and forfeiture of $10 per month for + the same period; for noncommissioned + officer, reduction in addition + thereto. + + + _Under sixtieth article of war_ Dishonorable discharge, forfeiture + of all pay and allowances, and 4 + years' imprisonment. + + + _Under sixty-second article of war_. + + Manslaughter Dishonorable discharge, forfeiture + of all pay and allowances, and 10 + years' imprisonment. + + Assault with intent to kill Dishonorable discharge, forfeiture + of all pay and allowances, and 10 + years' imprisonment. + + Burglary Dishonorable discharge, forfeiture + of all pay and allowances, and 5 + years' imprisonment. + + Forgery Dishonorable discharge, forfeiture + of all pay and allowances, and 4 + years' imprisonment. + + Perjury Dishonorable discharge, forfeiture + of all pay and allowances, and 4 + years' imprisonment. + + False swearing Dishonorable discharge, forfeiture + of all pay and allowances, and 2 + years' imprisonment. + + Robbery Dishonorable discharge, forfeiture + of all pay and allowances, and 6 + years' imprisonment. + + Larceny or embezzlement of + property of the value of--[20] + + More than $100 Dishonorable discharge, forfeiture + of all pay and allowances, and 4 + years' imprisonment. + + $100 or less and more than $50 Dishonorable discharge, forfeiture + of all pay and allowances, and 3 + years' imprisonment. + + $50 or less and more than $20 Dishonorable discharge, forfeiture + of all pay and allowances, and 2 + years' imprisonment. + + $20 or less Dishonorable discharge, forfeiture + of all pay and allowances, and 1 + year's imprisonment. + + Disobedience of orders, Six months' confinement at hard + involving willful defiance labor and forfeiture of $10 per + of the authority of a month for the same period; for + noncommissioned officer in noncommissioned officer, reduction + charge of a guard or party in addition thereto. + + Using threatening or insulting One month's confinement at hard + language or behaving in an labor and forfeiture of $10; for + insubordinate manner to a noncommissioned officer, reduction + noncommissioned officer while in addition thereto. + in the execution of his office + + Absence from fatigue duty Forfeiture of $4; corporal, $5; + sergeant, $6. + + Absence from extra or special Forfeiture of $4; corporal, $5; + duty sergeant, $6. + + Absence from duty as company Forfeiture of $10. + or hospital cook + + Introducing liquor into post or Forfeiture of $3; for noncommissioned + camp in violation of standing officer, reduction and forfeiture + orders of $5. + + Drunkenness at post or Forfeiture of $3; for noncommissioned + in quarters officer, reduction and forfeiture + of $5. + + Drunkenness and disorderly Forfeiture of $10 and 7 days' + conduct, causing the offender's confinement at hard labor; for + arrest and conviction by civil noncommissioned officer, reduction + authorities at a place within and forfeiture of $12. + 10 miles of his station + + Noisy or disorderly conduct in Forfeiture of $4; corporal, $7; + quarters sergeant, $10. + + Abuse by noncommissioned Reduction, 3 months' confinement at + officer of his authority over hard labor, and forfeiture of $10 per + an inferior month for the same period. + + Noncommissioned officer Reduction and forfeiture of $5. + encouraging gambling + + Noncommissioned officer making Reduction, forfeiture of $8, and 10 + false report days' confinement at hard labor. + + Sentinel allowing a prisoner Six months' confinement at hard labor + under his charge to escape and forfeiture of $10 per month for + through neglect the same period. + + Sentinel willfully suffering Dishonorable discharge, forfeiture of + prisoner under his charge to all pay and allowances, and 1 year's + escape imprisonment. + + Sentinel allowing a prisoner Two months' confinement at hard labor + under his charge to obtain and forfeiture of $10 per month for + liquor the same period. + + Sentinel or member of guard Two months' confinement at hard labor + drinking liquor with prisoners and forfeiture of $10 per month for + the same period. + + Disrespect or affront to Two month's confinement at hard labor + a sentinel and forfeiture of $10 per month for + the same period; for noncommissioned + officer, reduction in addition + thereto. + + Resisting or disobeying sentinel Six months' confinement at hard labor + in lawful execution of his duty and forfeiture of $10 per month for + the same period; for noncommissioned + officer, reduction in addition + thereto. + + Lewd or indecent exposure of Three month's confinement at hard + person labor and forfeiture of $10 per + month for the same period; for + noncommissioned officer, reduction + in addition thereto. + + +[Footnote 19: In addition to the stoppages "sufficient for repairing the +loss or damage," which the law requires the court-martial to adjudge. +The court's action under this requirement in the case of sale or loss +through neglect of clothing shall be limited to a confirmation of the +charge made against the offender on his clothing account.] + +[Footnote 20: In specifications to charges of larceny or embezzlement +the value of the property shall be stated.] + + +III. (1) When a soldier shall be found guilty of an offense cognizable +when committed for the first time by an inferior court-martial, his +punishment therefor may exceed the prescribed limit by one-half if it +shall appear that during his current enlistment and within two years +preceding his trial he has been once convicted of one offense or more; +it may be doubled if he has been twice so convicted, and it may be +increased by one-half of the prescribed limit for every such previous +conviction: _Provided_, That upon proof of five or more previous +convictions the punishment may be that authorized for a fifth +conviction, or dishonorable discharge with forfeiture of all pay and +allowances. When found guilty of an offense cognizable only by a general +court-martial, and on proof of five or more previous convictions within +the two years, dishonorable discharge with forfeiture of all pay and +allowances may be added to any confinement at hard labor. And when +a noncommissioned officer shall be found guilty of an offense not +punishable by reduction, reduction may be added to the punishment if it +shall appear that he has been convicted of a military offense within one +year and during his current enlistment. + +(2) After arriving at the findings a court-martial may be opened to +receive evidence of previous convictions. These convictions must be +proved by the records of previous trials or by duly authenticated orders +promulgating the same, showing the actual offenses of which the soldier +was convicted, except in the cases of convictions by summary court, when +a duly authenticated copy of the record of said court shall be deemed +sufficient proof. Charges forwarded to the authority ordering a general +court-martial or submitted to a summary garrison or regimental court +must be accompanied by the proper evidence of such previous convictions +as may have to be considered in determining upon a sentence. Paragraphs +1017 and 1018 of the Regulations are superseded by this order. + +IV. This order prescribes the _maximum_ limit of punishment for the +offenses named, and this limit is intended for those cases where the +severest punishment should be awarded. In other cases the punishment +must be graded down according to the extenuating circumstances. Offenses +not herein provided for remain punishable as authorized by the Articles +of War and the custom of the service. + +V. Summary courts are subject to the restrictions named in the +eighty-third article of war. Soldiers against whom charges may be +preferred for trial by summary court shall not be confined in the +guardhouse, but shall be placed in arrest in quarters before and during +trial and while awaiting sentence, unless in particular cases restraint +may be deemed necessary. + +VI. The following substitutions for punishments named in Section II of +this order are authorized, at the discretion of the court: + +Detention of pay to the extent of four times the amount of the +forfeiture; two days' confinement at hard labor for $1 of forfeited pay; +one day's solitary confinement on bread and water diet for two days' +confinement at hard labor or for $1 of forfeited pay: _Provided_, That a +noncommissioned officer not sentenced to reduction shall not be subject +to confinement: _And provided_, That solitary confinement shall not +exceed fourteen days at one time nor be repeated until fourteen days +have elapsed, and shall not exceed eighty-four days in one year. +Wherever the limit herein prescribed for an offense or offenses may +be brought within the punishing power of inferior courts-martial, +as defined by the eighty-third article of war, by substitution of +punishment under the provisions of this section, the aforesaid courts +shall be deemed to have jurisdiction of such offense or offenses. + +VII. Sergeants shall not if they object thereto be brought to trial +before regimental, garrison, or summary courts-martial without the +authority of the officer competent to order their trial by general +court-martial; nor shall sergeants of the post noncommissioned staff +be reduced, but they may be dishonorably discharged whenever reduction +is included in the limit of punishment. Paragraphs 105 and 254 of the +Regulations, the latter as amended by General Orders, No. 67, series +of 1890, Adjutant-General's Office, are modified accordingly. + +BENJ. HARRISON. + +By the President: + REDFIELD PROCTOR, + _Secretary of War_. + + + +AMENDMENT OF CIVIL-SERVICE RULES. + +MARCH 4, 1891. + +Special Departmental Rule No. 1 is hereby amended so as to include +among the places excepted from examination therein the following: + + In the Department of Agriculture, in the office of the Secretary: Clerk + to act as appointment clerk. + + +BENJ. HARRISON. + + + +AMENDMENT OF CIVIL-SERVICE RULES. + +MARCH 16, 1891. + +Special Departmental Rule No. 1 is hereby amended so as to include among +the places excepted from examination therein the following: + + In the Post-Office Department, office of the First Assistant + Postmaster-General: Assistant superintendent of free delivery. + + +BENJ. HARRISON. + + + +AMENDMENT OF CIVIL-SERVICE RULES. + +APRIL 3, 1891. + +Special Departmental Rule No. 1 is hereby amended so as to include among +the places excepted from examination therein the following: + + In the Treasury Department, office of the Secretary: One clerk in the + office of the disbursing clerk. + + +BENJ. HARRISON. + + + +CIVIL SERVICE--CLASSIFICATION OF INDIAN SERVICE. + +DEPARTMENT OF THE INTERIOR, _Washington, April 13, 1891_. + +By direction of the President of the United States and in accordance +with the third clause of section 6 of an act entitled "An act to +regulate and improve the civil service of the United States," approved +January 16, 1883-- + +_It is ordered_, That all physicians, school superintendents and +assistant superintendents, school-teachers, and matrons in the Indian +service be, and they are hereby, arranged in the following classes, +without regard to salary or compensation: + +Class 1. Physicians. + +Class 2. School superintendents and assistant superintendents. + +Class 3. School-teachers. + +Class 4. Matrons. + +_Provided_, That no person who may be required by law to 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 laborer or workman or in +connection with any contract schools, shall be considered as within this +classification, and no person so employed shall be assigned to the +duties of a classified place. + +_It is further ordered_, 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 or +the appropriate board of examiners. + +JOHN W. NOBLE, _Secretary_. + + + +EXECUTIVE MANSION, _April 13, 1891_. + +The Secretary of the Interior: + +I approve of the within classification, and if you see no reason to +suggest any further modification you will please put it in force. + +BENJ. HARRISON. + + + +AMENDMENTS OF CIVIL-SERVICE RULES. + +APRIL 13, 1891. + +Clause (_c_) of section 2 of General Rule III is hereby revoked, and +clauses (_d_), (_e_), (_f_), (_g_) and (_h_) are lettered, respectively, +(_c_), (_d_), (_e_), (_f_), and (_g_). + +BENJ. HARRISON. + + + +BY THE PRESIDENT OF THE UNITED STATES. + +EXECUTIVE ORDER. + +EXECUTIVE MANSION, _May 25, 1891_. + +_It is hereby ordered_, That the several Executive Departments and the +Government Printing Office be closed on Saturday, the 30th instant, to +enable the employees to participate in the decoration of the graves of +the soldiers and sailors who fell in defense of the Union during the War +of the Rebellion. + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _Washington, D.C., July 6, 1891_. + +_To the People of the United States_: + +The President, with a profound feeling of sorrow, announces the death of +Hannibal Hamlin, at one time Vice-President of the United States, who +died at Bangor, Me., on the evening of Saturday, July 4. + +Few men in this country have filled more important and more +distinguished public positions than Mr. Hamlin, and in recognition of +his many eminent and varied services and as an expression of the great +respect and reverence which are felt for his memory it is ordered that +the national flag be displayed at half-mast upon the public buildings of +the United States on the day of his funeral. + +BENJ. HARRISON. + +By the President: + WILLIAM F. WHARTON, + _Acting Secretary of State_. + + + +AMENDMENTS OF CIVIL-SERVICE RULES. + +EXECUTIVE MANSION, _August 6, 1891_. + +The civil-service rules are hereby amended as follows: + +GENERAL RULE II. + +In line 1 strike out the word "four" and insert in lieu thereof the word +"five." Add at the end of the rule the following: + + 5. The classified Indian service. + + +GENERAL RULE III. + +Strike out paragraphs 1 and 2 of section 6 of General Rule III and +insert in lieu thereof the following: + + So far as practicable and useful, competitive examinations shall be + established in the classified civil service to test fitness for + promotion, under such regulations as the Commission may make. Until + such regulations have been applied to any part of the classified + service promotions therein shall be made in the manner prescribed + by the rule applicable thereto. + + +DEPARTMENTAL RULE VI. + +Strike out the first sentence of section 6 and transfer the remaining +sentence to section 5. Change the numbers of sections 7, 8, 9, and 10 +to 6, 7, 8, and 9, respectively. + +CUSTOMS RULE III. + +Strike out the first sentence of section 5 and transfer the remaining +sentence to section 4. Change the numbers of sections 6, 7, 8, and 9 +to 5, 6, 7, and 8, respectively. + +POSTAL RULE III. + +Strike out the first sentence of section 5 and transfer the remaining +sentence to section 4. Change the numbers of sections 6, 7, 8, and 9 +to 5, 6, 7, and 8, respectively. + +RAILWAY MAIL RULE III. + +Strike out the first sentence of section 7 and transfer the remaining +sentence to section 4. Change the numbers of sections 8, 9, 10, 11, and +12 to 7, 8, 9, 10, and 11, respectively. + +RAILWAY MAIL RULE II. + +Insert an additional clause to section 5, as follows: + + (_f_) Transfer clerks at junction points or stations where not more + than two such clerks are employed. + + +RAILWAY MAIL RULE IV. + +Insert an additional proviso at the end of clause (_b_) of section 2, as +follows: + + _Provided further_, That on a line on which the service does not + require the full time of a clerk, and one can be employed jointly with + the railroad company, the appointment may be made without examination + and certification, with the consent of the Commission, upon a statement + of the facts by the General Superintendent; but no clerk so appointed + shall be eligible for transfer or appointment to any other place in the + service. + + +In section 6, line 3, strike out the word "twenty" and insert in lieu +thereof the word "ten." + +In section 7, line 6, strike out the word "thirty" and insert in lieu +thereof the word "sixty;" in the same line strike out the word "to" and +insert in lieu thereof the words "in periods of;" in line 7 strike out +the words "who have been in the railway mail service." + +BENJ. HARRISON. + + + +CIVIL SERVICE--INDIAN RULES. + +INDIAN RULE I. + +The classified Indian service shall include all the physicians, school +superintendents, assistant superintendents, school-teachers, and matrons +in that service, classified under the provisions of section 6 of the act +to regulate and improve the civil service of the United States, approved +January 16, 1883. + +INDIAN RULE II. + +1. To test fitness for admission to the classified Indian service +examinations of a practical character shall be provided on such subjects +as the Commission may direct for physician, superintendent, assistant +superintendent, teachers, and matrons. + +2. The following age limitations shall apply to applicants for +examination for the classified Indian service: For physician, not under +25 years of age nor over 45; for superintendent, not under 25 nor over +50; for assistant superintendent and for teacher, not under 20 nor over +50; for matron, not under 25 nor over 55: _Provided_, That these +limitations shall not apply to the wives of superintendents of Indian +schools who apply for the position of matron, nor shall the maximum +limitations apply to persons allowed preference under section 1754, +Revised Statutes, by the Commission. + +3. Blank forms of application shall be furnished by the Commission, and +the date of reception and also of approval by the Commission of each +application shall be noted on the application paper. + +INDIAN RULE III. + +1. The papers of every examination shall be marked under regulations +made by the Commission. Bach competitor shall be graded on a scale of +100, according to the general average determined by the markings. + +2. Immediately after the general average shall have been ascertained +each competitor shall be notified that he has passed or has failed to +pass. + +3. A competitor who has failed to pass an examination may, with the +consent of the Commission, be allowed reexamination at any time within +six months from the date of failure without filing a new application; +but if he be not allowed reexamination within six months he shall be +required to file a new application before being again examined. + +4. No eligible shall be allowed reexamination during the period of his +eligibility unless he shall furnish satisfactory evidence to the +Commission that at the time of his examination, because of illness or +other good cause, he was incapable of doing himself justice; and his +rating on such reexamination shall cancel and be a substitute for his +rating on his former examination. + +5. All competitors whose claim to preference under section 1754 of the +Revised Statutes have been allowed by the Commission who attain a +general average of 65 per cent or over, and all other competitors who +attain a general average of 70 per cent or over, shall be eligible for +appointment to the place for which they were examined. The names of all +the competitors thus rendered eligible shall be entered in the order of +grade on the proper register of eligibles. + +6. When two or more eligibles are of the same grade, preference in +certification shall be determined by the order in which the application +papers are filed. + +7. For the Indian service there shall be four districts and a separate +register of eligibles for each grade of examination for each district, +the names of males and females being listed separately on each register. +The districts shall be comprised as follows: No. 1, of the States of +Michigan, Wisconsin, Minnesota, Iowa, Nebraska, North Dakota, South +Dakota, Montana, and Wyoming; No. 2, of the States of Idaho, Washington, +Oregon, Nevada, and that part of California lying north of the +thirty-seventh parallel of latitude, and the Territory of Utah; No. 3, +of that part of California lying south of the thirty-seventh parallel of +latitude, the Territories of Arizona, New Mexico, Oklahoma, the Indian +Territory, and the States of Colorado, Kansas, Missouri, Arkansas, +Louisiana, and Texas; No. 4, of all the States of the United States not +embraced in any of the foregoing districts, together with the District +of Columbia. Upon the written request of any eligible his name shall be +entered upon the register of any one or more of the districts other than +that in which he resides: _Provided_, That he shall state in writing his +willingness to accept service wherever assigned in any such district. + +8. The period of eligibility to appointment shall be one year from the +date on which the name of the eligible is entered on the register unless +otherwise determined by regulation of the Commission. + +INDIAN RULE IV. + +1. All vacancies, unless filled by promotion, transfer, or +reappointment, shall be filled in the following manner: + +(_a_) The Commissioner of Indian Affairs, through the Secretary of the +Interior, shall, in form and manner to be prescribed by the Commission, +request the certification to him of male or female eligibles from the +district in which the vacancy exists. + +(_b_) If fitness for the vacant place is tested by competitive +examination, the Commission shall certify from the proper register of +the district in which the vacancy exists the names of the three +eligibles thereon of the sex called for having the highest averages: +_Provided_, That the eligibles upon any register who have been allowed +preference under section 1754 of the Revised Statutes shall be certified +according to their grade before all other eligibles thereon: _And +provided further_, That if the vacancy is in the grade of matron or +teacher, and the wife of the superintendent of the school in which the +vacancy exists is an eligible, she may be given preference in +certification if the appointing officer so requests. + +2. Of the three names certified to him the appointing officer shall +select one, and if at the time of making this selection there are more +vacancies than one he may select more than one: _Provided_, That if the +appointing officer to whom certification has been made shall object in +writing to any eligible named in the certificate, stating that because +of physical incapacity or for other good cause particularly specified +such eligible is not capable of properly performing the duties of the +vacant place, the Commission may, upon investigation and ascertainment +of the fact that the objection made is good and well founded, direct the +certification of another eligible in place of the one objected to. + +3. Each person thus designated for appointment shall be notified, +and upon indicating acceptance shall be appointed for a probationary +period--if a physician, for six months, and if a school employee, to +expire at the end of the then current school year--at the end of which +period, if his conduct and capacity be satisfactory to the appointing +officer, he shall receive absolute appointment; but if his conduct and +capacity be not satisfactory to said officer he shall be so notified, +and this notification shall be his discharge from the service: +_Provided_, That any probationer may be discharged during probation for +misconduct or evident unfitness or incapacity. + +4. The Commissioner of Indian Affairs shall require the officer +under whom a probationer may be serving to carefully observe and +report in writing upon the services rendered by and the character and +qualifications of such probationer as to punctuality, industry, habits, +ability, and adaptability. These reports shall be preserved on file, and +the Commission may prescribe the form and manner in which they shall be +made. + +5. In case of the sudden occurrence of a vacancy 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. + +INDIAN RULE V. + +Until promotion regulations shall have been applied to the classified +Indian service promotions therein may be made upon any test of fitness +determined upon by the promoting officer if not disapproved by the +Commission: _Provided_, That preference in promotion in any school shall +be given to those longest in the service unless there are good reasons +to the contrary; and when such reasons prevail they shall, through the +proper channels, be reported to the Commission: _And provided further_, +That no one shall be promoted to any grade he could not enter by +original appointment under the minimum age limitation applied thereto +by Indian Rule II, section 2, and that no one shall be promoted to the +grade of physician from any other grade. + +INDIAN RULE VI. + +Subject to the conditions stated in Rule IV, transfers may be made after +absolute appointment from one school to another and from one district to +another under such regulations as the Commissioner of Indian Affairs, +with the approval of the Secretary of the Interior, may prescribe. + +INDIAN RULE VII. + +Upon the requisition of the Commissioner of Indian Affairs, through +the Secretary of the Interior, the Commission shall certify for +reinstatement in a grade or class no higher than that in which he was +formerly employed any person who within one year next preceding the +date of the requisition has through no delinquency or misconduct +been separated from the classified Indian service: _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 of the United States in the late War of the Rebellion and was +honorably discharged therefrom, without regard to the length of time +he has been separated from the service. + +INDIAN RULE VIII. + +The Commissioner of Indian Affairs shall report to the Commission-- + +(_a_) Every probational and every absolute appointment in the classified +Indian service. + +(_b_) Every refusal to make an absolute appointment and the reason +therefor, and every refusal to accept an appointment. + +(_c_) Every separation from the classified Indian service and the cause +of such separation, whether death, resignation, or dismissal. + +(_d_) Every restoration to the classified Indian service. + +These rules shall take effect October 1, 1891. + +BENJ. HARRISON. + + + +AMENDMENT OF CIVIL SERVICE RULES. + +OCTOBER 9, 1891. + +General Rule III, clause 6, is hereby amended by striking out the words +"under such regulations as the Commission may make" and substituting +therefor the following: "under regulations to be approved by the +President;" so that as amended the clause will read as follows: + + So far as practicable and useful competitive examinations shall be + established in the classified civil service to test fitness for + promotion under regulations to be approved by the President. + + +BENJ. HARRISON. + +Whereas civil-service rules for the Indian service were approved to take +effect October 1, 1891; and + +Whereas it is represented to me by the Civil Service Commission in a +communication of this date that no persons have as yet been examined for +appointment to that service, and that it seems probable that complete +arrangements for putting said rules into full effect will not be made +sooner than March 1, 1892: + +_It is therefore ordered_, That said Indian rules shall take effect +March 1, 1892, instead of October 1, 1891: _Provided_, That said rules +shall become operative and take effect in any district of the Indian +service as soon as an eligible register for such district shall be +provided, if it shall be prior to the date above fixed. + +EXECUTIVE MANSION, _October 13, 1891_. + +Upon the recommendation of the Commission the foregoing order is +approved. + +BENJ. HARRISON. + + + +AMENDMENT OF CIVIL-SERVICE RULES. + +NOVEMBER 24, 1891. + +Special Departmental Rule No. 1 is hereby amended so as to include among +the places excepted from examination the following: + + In the Department of the Treasury, in the Bureau of Statistics: One + confidential clerk to the Chief of the Bureau. + + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _Washington, December 4, 1891_. + +SIR:[21] In my message to the first session of the Fifty-first Congress +I said: + + I have suggested to the heads of the Executive Departments that they + consider whether a record might not be kept in each bureau of all those + elements that are covered by the terms "faithfulness" and "efficiency," + and a rating made showing the relative merits of the clerks of each + class, this rating to be regarded as a test of merit in making + promotions. + + +In some of the Departments this suggestion has been acted upon in part +at least, and I now direct that in your Department a plan be at once +devised and put in operation for keeping an efficiency record of all +persons within the classified service, with a view to placing promotions +wholly upon the basis of merit. + +It is intended to make provision for carrying into effect the +stipulations of the civil-service law in relation to promotions in +the classified service. To that end the rule requiring compulsory +examination has been rescinded. In my opinion the examination for +promotion of those who present themselves should be chiefly, if not +wholly, upon their knowledge of the work of the bureau or Department to +which they belong and the record of efficiency made by them during their +previous service. I think the records of efficiency kept from day to day +should be open to the inspection of the clerks. + +Very respectfully, yours, + +BENJ. HARRISON. + +[Footnote 21: Addressed to the heads of the Executive Departments.] + + + + +THIRD ANNUAL MESSAGE. + + +EXECUTIVE MANSION, _December 9, 1891_. + +_To the Senate and House of Representatives_: + +The reports of the heads of the several Executive Departments, required +by law to be submitted to me, which are herewith transmitted, and the +reports of the Secretary of the Treasury and the Attorney-General, made +directly to Congress, furnish a comprehensive view of the administrative +work of the last fiscal year relating to internal affairs. It would be +of great advantage if these reports could have an attentive perusal by +every member of Congress and by all who take an interest in public +affairs. Such a perusal could not fail to excite a higher appreciation +of the vast labor and conscientious effort which are given to the +conduct of our civil administration. + +The reports will, I believe, show that every question has been +approached, considered, and decided from the standpoint of public duty +and upon considerations affecting the public interests alone. Again I +invite to every branch of the service the attention and scrutiny of +Congress. + +The work of the State Department during the last year has been +characterized by an unusual number of important negotiations and by +diplomatic results of a notable and highly beneficial character. Among +these are the reciprocal trade arrangements which have been concluded, +in the exercise of the powers conferred by section 3 of the tariff law, +with the Republic of Brazil, with Spain for its West India possessions, +and with Santo Domingo. Like negotiations with other countries have been +much advanced, and it is hoped that before the close of the year further +definitive trade arrangements of great value will be concluded. + +In view of the reports which had been received as to the diminution of +the seal herds in the Bering Sea, I deemed it wise to propose to Her +Majesty's Government in February last that an agreement for a closed +season should be made pending the negotiations for arbitration, which +then seemed to be approaching a favorable conclusion. After much +correspondence and delays, for which this Government was not +responsible, an agreement was reached and signed on the 15th of June, by +which Great Britain undertook from that date and until May 1, 1892, to +prohibit the killing by her subjects of seals in the Bering Sea, and the +Government of the United States during the same period to enforce its +existing prohibition against pelagic sealing and to limit the catch by +the fur-seal company upon the islands to 7,500 skins. If this agreement +could have been reached earlier in response to the strenuous endeavors +of this Government, it would have been more effective; but coming even +as late as it did it unquestionably resulted in greatly diminishing the +destruction of the seals by the Canadian sealers. + +In my last annual message I stated that the basis of arbitration +proposed by Her Majesty's Government for the adjustment of the +long-pending controversy as to the seal fisheries was not acceptable. +I am glad now to be able to announce that terms satisfactory to this +Government have been agreed upon and that an agreement as to the +arbitrators is all that is necessary to the completion of the +convention. In view of the advanced position which this Government has +taken upon the subject of international arbitration, this renewed +expression of our adherence to this method for the settlement of +disputes such as have arisen in the Bering Sea will, I doubt not, meet +with the concurrence of Congress. + +Provision should be made for a joint demarcation of the frontier line +between Canada and the United States wherever required by the increasing +border settlements, and especially for the exact location of the water +boundary in the straits and rivers. + +I should have been glad to announce some favorable disposition of the +boundary dispute between Great Britain and Venezuela touching the +western frontier of British Guiana, but the friendly efforts of the +United States in that direction have thus far been unavailing. This +Government will continue to express its concern at any appearance of +foreign encroachment on territories long under the administrative +control of American States. The determination of a disputed boundary +is easily attainable by amicable arbitration where the rights of the +respective parties rest, as here, on historic facts readily +ascertainable. + +The law of the last Congress providing a system of inspection for our +meats intended for export, and clothing the President with power to +exclude foreign products from our market in case the country sending +them should perpetuate unjust discriminations against any product of the +United States, placed this Government in a position to effectively urge +the removal of such discriminations against our meats. It is gratifying +to be able to state that Germany, Denmark, Italy, Austria, and France, +in the order named, have opened their ports to inspected American pork +products. The removal of these restrictions in every instance was asked +for and given solely upon the ground that we have now provided a meat +inspection that should be accepted as adequate to the complete removal +of the dangers, real or fancied, which had been previously urged. The +State Department, our ministers abroad, and the Secretary of Agriculture +have cooperated with unflagging and intelligent zeal for the +accomplishment of this great result. The outlines of an agreement have +been reached with Germany looking to equitable trade concessions in +consideration of the continued free importation of her sugars, but the +time has not yet arrived when this correspondence can be submitted to +Congress. + +The recent political disturbances in the Republic of Brazil have +excited regret and solicitude. The information we possessed was too +meager to enable us to form a satisfactory judgment of the causes +leading to the temporary assumption of supreme power by President +Fonseca; but this Government did not fail to express to him its anxious +solicitude for the peace of Brazil and for the maintenance of the free +political institutions which had recently been established there, nor to +offer our advice that great moderation should be observed in the clash +of parties and the contest for leadership. These counsels were received +in the most friendly spirit, and the latest information is that +constitutional government has been reestablished without bloodshed. + +The lynching at New Orleans in March last of eleven men of Italian +nativity by a mob of citizens was a most deplorable and discreditable +incident. It did not, however, have its origin in any general animosity +to the Italian people, nor in any disrespect to the Government of Italy, +with which our relations were of the most friendly character. The fury +of the mob was directed against these men as the supposed participants +or accessories in the murder of a city officer. I do not allude to this +as mitigating in any degree this offense against law and humanity, but +only as affecting the international questions which grew out of it. It +was at once represented by the Italian minister that several of those +whose lives had been taken by the mob were Italian subjects, and a +demand was made for the punishment of the participants and for an +indemnity to the families of those who were killed. It is to be +regretted that the manner in which these claims were presented was not +such as to promote a calm discussion of the questions involved; but this +may well be attributed to the excitement and indignation which the crime +naturally evoked. The views of this Government as to its obligations to +foreigners domiciled here were fully stated in the correspondence, as +well as its purpose to make an investigation of the affair with a view +to determine whether there were present any circumstances that could +under such rules of duty as we had indicated create an obligation upon +the United States. The temporary absence of a minister plenipotentiary +of Italy at this capital has retarded the further correspondence, but +it is not doubted that a friendly conclusion is attainable. + +Some suggestions growing out of this unhappy incident are worthy the +attention of Congress. It would, I believe, be entirely competent for +Congress to make offenses against the treaty rights of foreigners +domiciled in the United States cognizable in the Federal courts. This +has not, however, been done, and the Federal officers and courts have no +power in such cases to intervene, either for the protection of a foreign +citizen or for the punishment of his slayers. It seems to me to follow, +in this state of the law, that the officers of the State charged with +police and judicial powers in such cases must in the consideration of +international questions growing out of such incidents be regarded in +such sense as Federal agents as to make this Government answerable for +their acts in cases where it would be answerable if the United States +had used its constitutional power to define and punish crime against +treaty rights. + +The civil war in Chile, which began in January last, was continued, but +fortunately with infrequent and not important armed collisions, until +August 28, when the Congressional forces landed near Valparaiso and +after a bloody engagement captured that city. President Balmaceda at +once recognized that his cause was lost, and a Provisional Government +was speedily established by the victorious party. Our minister was +promptly directed to recognize and put himself in communication with +this Government so soon as it should have established its _de facto_ +character, which was done. During the pendency of this civil contest +frequent indirect appeals were made to this Government to extend +belligerent rights to the insurgents and to give audience to their +representatives. This was declined, and that policy was pursued +throughout which this Government when wrenched by civil war so +strenuously insisted upon on the part of European nations. The _Itata_, +an armed vessel commanded by a naval officer of the insurgent fleet, +manned by its sailors and with soldiers on board, was seized under +process of the United States court at San Diego, Cal., for a violation +of our neutrality laws. While in the custody of an officer of the court +the vessel was forcibly wrested from his control and put to sea. It +would have been inconsistent with the dignity and self-respect of this +Government not to have insisted that the _Itata_ should be returned to +San Diego to abide the judgment of the court. This was so clear to the +junta of the Congressional party, established at Iquique, that before +the arrival of the _Itata_ at that port the secretary of foreign +relations of the Provisional Government addressed to Rear-Admiral Brown, +commanding the United States naval forces, a communication, from which +the following is an extract: + + The Provisional Government has learned by the cablegrams of the + Associated Press that the transport _Itata_, detained in San Diego by + order of the United States for taking on board munitions of war, and + in possession of the marshal, left the port, carrying on board this + official, who was landed at a point near the coast, and then continued + her voyage. * * * If this news be correct this Government would deplore + the conduct of the _Itata_, and as an evidence that it is not disposed + to support or agree to the infraction of the laws of the United States + the undersigned takes advantage of the personal relations you have been + good enough to maintain with him since your arrival in this port to + declare to you that as soon as she is within reach of our orders his + Government will put the _Itata_, with the arms and munitions she took + on board in San Diego, at the disposition of the United States. + + +A trial in the district court of the United States for the southern +district of California has recently resulted in a decision holding, +among other things, that inasmuch as the Congressional party had not +been recognized as a belligerent the acts done in its interest could not +be a violation of our neutrality laws. From this judgment the United +States has appealed, not that the condemnation of the vessel is a matter +of importance, but that we may know what the present state of our law +is; for if this construction of the statute is correct there is obvious +necessity for revision and amendment. + +During the progress of the war in Chile this Government tendered its +good offices to bring about a peaceful adjustment, and it was at one +time hoped that a good result might be reached; but in this we were +disappointed. + +The instructions to our naval officers and to our minister at Santiago +from the first to the last of this struggle enjoined upon them the most +impartial treatment and absolute noninterference. I am satisfied that +these instructions were observed and that our representatives were +always watchful to use their influence impartially in the interest of +humanity, and on more than one occasion did so effectively. We could not +forget, however, that this Government was in diplomatic relations with +the then established Government of Chile, as it is now in such relations +with the successor of that Government. I am quite sure that President +Montt, who has, under circumstances of promise for the peace of Chile, +been installed as President of that Republic, will not desire that in +the unfortunate event of any revolt against his authority the policy +of this Government should be other than that which we have recently +observed. No official complaint of the conduct of our minister or +of our naval officers during the struggle has been presented to this +Government, and it is a matter of regret that so many of our own +people should have given ear to unofficial charges and complaints that +manifestly had their origin in rival interests and in a wish to pervert +the relations of the United States with Chile. + +The collapse of the Government of Balmaceda brought about a condition +which is unfortunately too familiar in the history of the Central and +South American States. With the overthrow of the Balmaceda Government +he and many of his councilors and officers became at once fugitives for +their lives, and appealed to the commanding officers of the foreign +naval vessels in the harbor of Valparaiso and to the resident foreign +ministers at Santiago for asylum. This asylum was freely given, +according to my information, by the naval vessels of several foreign +powers and by several of the legations at Santiago. The American +minister as well as his colleagues, acting upon the impulse of humanity, +extended asylum to political refugees whose lives were in peril. I have +not been willing to direct the surrender of such of these persons as are +still in the American legation without suitable conditions. + +It is believed that the Government of Chile is not in a position, in +view of the precedents with which it has been connected, to broadly deny +the right of asylum, and the correspondence has not thus far presented +any such denial. The treatment of our minister for a time was such as to +call for a decided protest, and it was very gratifying to observe that +unfriendly measures, which were undoubtedly the result of the prevailing +excitement, were at once rescinded or suitably relaxed. + +On the 16th of October an event occurred in Valparaiso so serious and +tragic in its circumstances and results as to very justly excite the +indignation of our people and to call for prompt and decided action on +the part of this Government. A considerable number of the sailors of the +United States steamship _Baltimore_, then in the harbor at Valparaiso, +being upon shore leave and unarmed, were assaulted by armed men nearly +simultaneously in different localities in the city. One petty officer +was killed outright and seven or eight seamen were seriously wounded, +one of whom has since died. So savage and brutal was the assault that +several of our sailors received more than two and one as many as +eighteen stab wounds. An investigation of the affair was promptly made +by a board of officers of the _Baltimore_, and their report shows that +these assaults were unprovoked, that our men were conducting themselves +in a peaceable and orderly manner, and that some of the police of the +city took part in the assault and used their weapons with fatal effect, +while a few others, with some well-disposed citizens, endeavored to +protect our men. Thirty-six of our sailors were arrested, and some of +them while being taken to prison were cruelly beaten and maltreated. +The fact that they were all discharged, no criminal charge being lodged +against any one of them, shows very clearly that they were innocent of +any breach of the peace. + +So far as I have yet been able to learn no other explanation of this +bloody work has been suggested than that it had its origin in hostility +to those men as sailors of the United States, wearing the uniform of +their Government, and not in any individual act or personal animosity. +The attention of the Chilean Government was at once called to this +affair, and a statement of the facts obtained by the investigation we +had conducted was submitted, accompanied by a request to be advised of +any other or qualifying facts in the possession of the Chilean +Government that might tend to relieve this affair of the appearance of +an insult to this Government. The Chilean Government was also advised +that if such qualifying facts did not exist this Government would +confidently expect full and prompt reparation. + +It is to be regretted that the reply of the secretary for foreign +affairs of the Provisional Government was couched in an offensive tone. +To this no response has been made. This Government is now awaiting the +result of an investigation which has been conducted by the criminal +court at Valparaiso. It is reported unofficially that the investigation +is about completed, and it is expected that the result will soon be +communicated to this Government, together with some adequate and +satisfactory response to the note by which the attention of Chile +was called to this incident. If these just expectations should be +disappointed or further needless delay intervene, I will by a special +message bring this matter again to the attention of Congress for +such action as may be necessary. The entire correspondence with the +Government of Chile will at an early day be submitted to Congress. + +I renew the recommendation of my special message dated January 16, +1890,[22] for the adoption of the necessary legislation to enable this +Government to apply in the case of Sweden and Norway the same rule in +respect to the levying of tonnage dues as was claimed and secured to the +shipping of the United States in 1828 under Article VIII of the treaty +of 1827. + +The adjournment of the Senate without action on the pending acts for +the suppression of the slave traffic in Africa and for the reform of +the revenue tariff of the Independent State of the Kongo left this +Government unable to exchange those acts on the date fixed, July 2, +1891. A _modus vivendi_ has been concluded by which the power of the +Kongo State to levy duties on imports is left unimpaired, and by +agreement of all the signatories to the general slave trade act the time +for the exchange of ratifications on the part of the United States has +been extended to February 2, 1892. + +The late outbreak against foreigners in various parts of the +Chinese Empire has been a cause of deep concern in view of the numerous +establishments of our citizens in the interior of that country. This +Government can do no less than insist upon a continuance of the +protective and punitory measures which the Chinese Government has +heretofore applied. No effort will be omitted to protect our citizens +peaceably sojourning in China, but recent unofficial information +indicates that what was at first regarded as an outbreak of mob violence +against foreigners has assumed the larger form of an insurrection +against public order. + +The Chinese Government has declined to receive Mr. Blair as the minister +of the United States on the ground that as a participant while a Senator +in the enactment of the existing legislation against the introduction of +Chinese laborers he has become unfriendly and objectionable to China. +I have felt constrained to point out to the Chinese Government the +untenableness of this position, which seems to rest as much on the +unacceptability of our legislation as on that of the person chosen, +and which if admitted would practically debar the selection of any +representative so long as the existing laws remain in force. + +You will be called upon to consider the expediency of making special +provision by law for the temporary admission of some Chinese artisans +and laborers in connection with the exhibit of Chinese industries at the +approaching Columbian Exposition. I regard it as desirable that the +Chinese exhibit be facilitated in every proper way. + +A question has arisen with the Government of Spain touching the rights +of American citizens in the Caroline Islands. Our citizens there long +prior to the confirmation of Spain's claim to the islands had secured +by settlement and purchase certain rights to the recognition and +maintenance of which the faith of Spain was pledged. I have had reason +within the past year very strongly to protest against the failure to +carry out this pledge on the part of His Majesty's ministers, which has +resulted in great injustice and injury to the American residents. + +The Government and people of Spain propose to celebrate the four +hundredth anniversary of the discovery of America by holding an +exposition at Madrid, which will open on the 12th of September and +continue until the 31st of December, 1892. A cordial invitation has +been extended to the United States to take part in this commemoration, +and as Spain was one of the first nations to express the intention to +participate in the World's Columbian Exposition at Chicago, it would +be very appropriate for this Government to give this invitation its +friendly promotion. + +Surveys for the connecting links of the projected intercontinental +railway are in progress, not only in Mexico, but at various points along +the course mapped out. Three surveying parties are now in the field +under the direction of the commission. Nearly 1,000 miles of the +proposed road have been surveyed, including the most difficult part, +that through Ecuador and the southern part of Colombia. The reports of +the engineers are very satisfactory, and show that no insurmountable +obstacles have been met with. + +On November 12, 1884, a treaty was concluded with Mexico reaffirming +the boundary between the two countries as described in the treaties of +February 2, 1848, and December 30, 1853. March 1, 1889, a further treaty +was negotiated to facilitate the carrying out of the principles of the +treaty of 1884 and to avoid the difficulties occasioned by reason of the +changes and alterations that take place from natural causes in the Rio +Grande and Colorado rivers in the portions thereof constituting the +boundary line between the two Republics. The International Boundary +Commission provided for by the treaty of 1889 to have exclusive +jurisdiction of any question that may arise has been named by the +Mexican Government. An appropriation is necessary to enable the United +States to fulfill its treaty obligations in this respect. + +The death of King Kalakaua in the United States afforded occasion to +testify our friendship for Hawaii by conveying the King's body to his +own land in a naval vessel with all due honors. The Government of his +successor, Queen Liliuokolani, is seeking to promote closer commercial +relations with the United States. Surveys for the much-needed submarine +cable from our Pacific coast to Honolulu are in progress, and this +enterprise should have the suitable promotion of the two Governments. +I strongly recommend that provision be made for improving the harbor +of Pearl River and equipping it as a naval station. + +The arbitration treaty formulated by the International American +Conference lapsed by reason of the failure to exchange ratifications +fully within the limit of time provided; but several of the Governments +concerned have expressed a desire to save this important result of +the conference by an extension of the period. It is, in my judgment, +incumbent upon the United States to conserve the influential initiative +it has taken in this measure by ratifying the instrument and by +advocating the proposed extension of the time for exchange. These views +have been made known to the other signatories. + +This Government has found occasion to express in a friendly spirit, but +with much earnestness, to the Government of the Czar its serious concern +because of the harsh measures now being enforced against the Hebrews in +Russia. By the revival of antisemitic laws, long in abeyance, great +numbers of those unfortunate people have been constrained to abandon +their homes and leave the Empire by reason of the impossibility of +finding subsistence within the pale to which it is sought to confine +them. The immigration of these people to the United States--many other +countries being closed to them--is largely increasing and is likely +to assume proportions which may make it difficult to find homes and +employment for them here and to seriously affect the labor market. It is +estimated that over 1,000,000 will be forced from Russia within a few +years. The Hebrew is never a beggar; he has always kept the law--life by +toil--often under severe and oppressive civil restrictions. It is also +true that no race, sect, or class has more fully cared for its own than +the Hebrew race. But the sudden transfer of such a multitude under +conditions that tend to strip them of their small accumulations and to +depress their energies and courage is neither good for them nor for us. + +The banishment, whether by direct decree or by not less certain indirect +methods, of so large a number of men and women is not a local question. +A decree to leave one country is in the nature of things an order to +enter another--some other. This consideration, as well as the suggestion +of humanity, furnishes ample ground for the remonstrances which we have +presented to Russia, while our historic friendship for that Government +can not fail to give the assurance that our representations are those of +a sincere wellwisher. + +The annual report of the Maritime Canal Company of Nicaragua shows that +much costly and necessary preparatory work has been done during the year +in the construction of shops, railroad tracks, and harbor piers and +breakwaters, and that the work of canal construction has made some +progress. + +I deem it to be a matter of the highest concern to the United States +that this canal, connecting the waters of the Atlantic and Pacific +oceans and giving to us a short water communication between our ports +upon those two great seas, should be speedily constructed and at the +smallest practicable limit of cost. The gain in freights to the people +and the direct saving to the Government of the United States in the use +of its naval vessels would pay the entire cost of this work within a +short series of years. The report of the Secretary of the Navy shows the +saving in our naval expenditures which would result. + +The Senator from Alabama (Mr. Morgan) in his argument upon this subject +before the Senate at the last session did not overestimate the +importance of this work when he said that "the canal is the most +important subject now connected with the commercial growth and progress +of the United States." + +If this work is to be promoted by the usual financial methods +and without the aid of this Government, the expenditures in its +interest-bearing securities and stock will probably be twice the actual +cost. This will necessitate higher tolls and constitute a heavy and +altogether needless burden upon our commerce and that of the world. +Every dollar of the bonds and stock of the company should represent a +dollar expended in the legitimate and economical prosecution of the +work. This is only possible by giving to the bonds the guaranty of the +United States Government. Such a guaranty would secure the ready sale at +par of a 3 per cent bond from time to time as the money was needed. I do +not doubt that built upon these business methods the canal would when +fully inaugurated earn its fixed charges and operating expenses. But if +its bonds are to be marketed at heavy discounts and every bond sold is +to be accompanied by a gift of stock, as has come to be expected by +investors in such enterprises, the traffic will be seriously burdened to +pay interest and dividends. I am quite willing to recommend Government +promotion in the prosecution of a work which, if no other means offered +for securing its completion, is of such transcendent interest that the +Government should, in my opinion, secure it by direct appropriations +from its Treasury. + +A guaranty of the bonds of the canal company to an amount necessary +to the completion of the canal could, I think, be so given as not to +involve any serious risk of ultimate loss. The things to be carefully +guarded are the completion of the work within the limits of the +guaranty, the subrogation of the United States to the rights of the +first-mortgage bondholders for any amounts it may have to pay, and in +the meantime a control of the stock of the company as a security against +mismanagement and loss. I most sincerely hope that neither party nor +sectional lines will be drawn upon this great American project, so full +of interest to the people of all our States and so influential in its +effects upon the prestige and prosperity of our common country. + +The island of Navassa, in the West Indian group, has, under the +provisions of Title VII of the Revised Statutes, been recognized by +the President as appertaining to the United States. It contains guano +deposits, is owned by the Navassa Phosphate Company, and is occupied +solely by its employees. In September, 1889, a revolt took place among +these laborers, resulting in the killing of some of the agents of the +company, caused, as the laborers claimed, by cruel treatment. These men +were arrested and tried in the United States court at Baltimore, under +section 5576 of the statute referred to, as if the offenses had been +committed on board a merchant vessel of the United States on the high +seas. There appeared on the trial and otherwise came to me such +evidences of the bad treatment of the men that in consideration of this +and of the fact that the men had no access to any public officer or +tribunal for protection or the redress of their wrongs I commuted the +death sentences that had been passed by the court upon three of them. +In April last my attention was again called to this island and to the +unregulated condition of things there by a letter from a colored +laborer, who complained that he was wrongfully detained upon the island +by the phosphate company after the expiration of his contract of +service. A naval vessel was sent to examine into the case of this man +and generally into the condition of things on the island. It was found +that the laborer referred to had been detained beyond the contract limit +and that a condition of revolt again existed among the laborers. A board +of naval officers reported, among other things, as follows: + + We would desire to state further that the discipline maintained on the + island seems to be that of a convict establishment without its comforts + and cleanliness, and that until more attention is paid to the shipping + of laborers by placing it under Government supervision to prevent + misunderstanding and misrepresentation, and until some amelioration is + shown in the treatment of the laborers, these disorders will be of + constant occurrence. + + +I recommend legislation that shall place labor contracts upon this and +other islands having the relation that Navassa has to the United States +under the supervision of a court commissioner, and that shall provide +at the expense of the owners an officer to reside upon the island, with +power to judge and adjust disputes and to enforce a just and humane +treatment of the employees. It is inexcusable that American laborers +should be left within our own jurisdiction without access to any +Government officer or tribunal for their protection and the redress of +their wrongs. + +International copyright has been secured, in accordance with the +conditions of the act of March 3, 1891, with Belgium, France, Great +Britain and the British possessions, and Switzerland, the laws of those +countries permitting to our citizens the benefit of copyright on +substantially the same basis as to their own citizens or subjects. + +With Germany a special convention has been negotiated upon this subject +which will bring that country within the reciprocal benefits of our +legislation. + +The general interest in the operations of the Treasury Department has +been much augmented during the last year by reason of the conflicting +predictions, which accompanied and followed the tariff and other +legislation of the last Congress affecting the revenues, as to the +results of this legislation upon the Treasury and upon the country. On +the one hand it was contended that imports would so fall off as to leave +the Treasury bankrupt and that the prices of articles entering into the +living of the people would be so enhanced as to disastrously affect +their comfort and happiness, while on the other it was argued that the +loss to the revenue, largely the result of placing sugar on the free +list, would be a direct gain to the people; that the prices of the +necessaries of life, including those most highly protected, would not be +enhanced; that labor would have a larger market and the products of the +farm advanced prices, while the Treasury surplus and receipts would be +adequate to meet the appropriations, including the large exceptional +expenditures for the refunding to the States of the direct tax and the +redemption of the 4-1/2 per cent bonds. + +It is not my purpose to enter at any length into a discussion of +the effects of the legislation to which I have referred; but a brief +examination of the statistics of the Treasury and a general glance at +the state of business throughout the country will, I think, satisfy +any impartial inquirer that its results have disappointed the evil +prophecies of its opponents and in a large measure realized the hopeful +predictions of its friends. Rarely, if ever before, in the history of +the country has there been a time when the proceeds of one day's labor +or the product of one farmed acre would purchase so large an amount of +those things that enter into the living of the masses of the people. +I believe that a full test will develop the fact that the tariff act of +the Fifty-first Congress is very favorable in its average effect upon +the prices of articles entering into common use. + +During the twelve months from October 1, 1890, to September 30, 1891, +the total value of our foreign commerce (imports and exports combined) +was $1,747,806,406, which was the largest of any year in the history of +the United States. The largest in any previous year was in 1890, when +our commerce amounted to $1,647,139,093, and the last year exceeds this +enormous aggregate by over one hundred millions. It is interesting, +and to some will be surprising, to know that during the year ending +September 30, 1891, our imports of merchandise amounted to $824,715,270. +which was an increase of more than $11,000,000 over the value of the +imports of the corresponding months of the preceding year, when the +imports of merchandise were unusually large in anticipation of the +tariff legislation then pending. The average annual value of the imports +of merchandise for the ten years from 1881 to 1890 was $692,186,522, and +during the year ending September 30, 1891, this annual average was +exceeded by $132,528,469. + +The value of free imports during the twelve months ending September 30, +1891, was $118,092,387 more than the value of free imports during the +corresponding twelve months of the preceding year, and there was during +the same period a decrease of $106,846,508 in the value of imports of +dutiable merchandise. The percentage of merchandise admitted free of +duty during the year to which I have referred, the first under the new +tariff, was 48.18, while during the preceding twelve months, under the +old tariff, the percentage was 34.27, an increase of 13.91 per cent. +If we take the six months ending September 30 last, which covers the +time during which sugars have been admitted free of duty, the per cent +of value of merchandise imported free of duty is found to be 55.37, +which is a larger percentage of free imports than during any prior +fiscal year in the history of the Government. + +If we turn to exports of merchandise, the statistics are full of +gratification. The value of such exports of merchandise for the twelve +months ending September 30, 1891, was $923,091,136, while for the +corresponding previous twelve months it was $860,177,115, an increase +of $62,914,021, which is nearly three times the average annual increase +of exports of merchandise for the preceding twenty years. This exceeds +in amount and value the exports of merchandise during any year in the +history of the Government. The increase in the value of exports of +agricultural products during the year referred to over the corresponding +twelve months of the prior year was $45,846,197, while the increase in +the value of exports of manufactured products was $16,838,240. + +There is certainly nothing in the condition of trade, foreign or +domestic, there is certainly nothing in the condition of our people of +any class, to suggest that the existing tariff and revenue legislation +bears oppressively upon the people or retards the commercial development +of the nation. It may be argued that our condition would be better if +tariff legislation were upon a free-trade basis; but it can not be +denied that all the conditions of prosperity and of general contentment +are present in a larger degree than ever before in our history, and +that, too, just when it was prophesied they would be in the worst state. +Agitation for radical changes in tariff and financial legislation can +not help but may seriously impede business, to the prosperity of which +some degree of stability in legislation is essential. + +I think there are conclusive evidences that the new tariff has created +several great industries, which will within a few years give employment +to several hundred thousand American working men and women. In view of +the somewhat overcrowded condition of the labor market of the United +States, every patriotic citizen should rejoice at such a result. + +The report of the Secretary of the Treasury shows that the total +receipts of the Government from all sources for the fiscal year ending +June 30, 1891, were $458,544,233.03, while the expenditures for the same +period were $421,304,470.46, leaving a surplus of $37,239,762.57. + +The receipts of the fiscal year ending June 30, 1892, actual and +estimated, are $433,000,000 and the expenditures $409,000,000. For the +fiscal year ending June 30, 1893, the estimated receipts are +$455,336,350 and the expenditures $441,300,093. + +Under the law of July 14, 1890, the Secretary of the Treasury has +purchased (since August 13) during the fiscal year 48,393,113 ounces of +silver bullion at an average cost of $1.045 per ounce. The highest price +paid during the year was $1.2025 and the lowest $O.9636. In exchange for +this silver bullion there have been issued $50,577,498 of the Treasury +notes authorized by the act. The lowest price of silver reached during +the fiscal year was $O.9636 on April 22, 1891; but on November 1 the +market price was only $O.96, which would give to the silver dollar a +bullion value of 74-1/4 cents. + +Before the influence of the prospective silver legislation was felt +in the market silver was worth in New York about $O.955 per ounce. +The ablest advocates of free coinage in the last Congress were most +confident in their predictions that the purchases by the Government +required by the law would at once bring the price of silver to $1.2929 +per ounce, which would make the bullion value of a dollar 100 cents and +hold it there. The prophecies of the antisilver men of disasters to +result from the coinage of $2,000,000 per month were not wider of the +mark. The friends of free silver are not agreed, I think, as to the +causes that brought their hopeful predictions to naught. Some facts are +known. The exports of silver from London to India during the first nine +months of this calendar year fell off over 50 per cent, or $17,202,730, +compared with the same months of the preceding year. The exports of +domestic silver bullion from this country, which had averaged for the +last ten years over $17,000,000, fell in the last fiscal year to +$13,797,391, while for the first time in recent years the imports of +silver into this country exceeded the exports by the sum of $2,745,365. +In the previous year the net exports of silver from the United States +amounted to $8,545,455. The production of the United States increased +from 50,000,000 ounces in 1889 to 54,500,000 in 1890. The Government is +now buying and putting aside annually 54,000,000 ounces, which, allowing +for 7,140,000 ounces of new bullion used in the arts, is 6,640,000 more +than our domestic products available for coinage. + +I hope the depression in the price of silver is temporary and that a +further trial of this legislation will more favorably affect it. That +the increased volume of currency thus supplied for the use of the people +was needed and that beneficial results upon trade and prices have +followed this legislation I think must be very clear to everyone. Nor +should it be forgotten that for every dollar of these notes issued a +full dollar's worth of silver bullion is at the time deposited in the +Treasury as a security for its redemption. Upon this subject, as upon +the tariff, my recommendation is that the existing laws be given a full +trial and that our business interests be spared the distressing +influence which threats of radical changes always impart. Under existing +legislation it is in the power of the Treasury Department to maintain +that essential condition of national finance as well as of commercial +prosperity--the parity in use of the coined dollars and their paper +representatives. The assurance that these powers would be freely and +unhesitatingly used has done much to produce and sustain the present +favorable business conditions. + +I am still of the opinion that the free coinage of silver under existing +conditions would disastrously affect our business interests at home and +abroad. We could not hope to maintain an equality in the purchasing +power of the gold and silver dollar in our own markets, and in foreign +trade the stamp gives no added value to the bullion contained in coins. +The producers of the country, its farmers and laborers, have the highest +interest that every dollar, paper or coin, issued by the Government +shall be as good as any other. If there is one less valuable than +another, its sure and constant errand will be to pay them for their +toil and for their crops. The money lender will protect himself by +stipulating for payment in gold, but the laborer has never been able to +do that. To place business upon a silver basis would mean a sudden and +severe contraction of the currency by the withdrawal of gold and gold +notes and such an unsettling of all values as would produce a commercial +panic. I can not believe that a people so strong and prosperous as ours +will promote such a policy. + +The producers of silver are entitled to just consideration, but they +should not forget that the Government is now buying and putting out of +the market what is the equivalent of the entire product of our silver +mines. This is more than they themselves thought of asking two years +ago. I believe it is the earnest desire of a great majority of the +people, as it is mine, that a full coin use shall be made of silver +just as soon as the cooperation of other nations can be secured and a +ratio fixed that will give circulation equally to gold and silver. The +business of the world requires the use of both metals; but I do not see +any prospect of gain, but much of loss, by giving up the present system, +in which a full use is made of gold and a large use of silver, for one +in which silver alone will circulate. Such an event would be at once +fatal to the further progress of the silver movement. Bimetallism is +the desired end, and the true friends of silver will be careful not to +overrun the goal and bring in silver monometallism with its necessary +attendants--the loss of our gold to Europe and the relief of the +pressure there for a larger currency. I have endeavored by the use of +official and unofficial agencies to keep a close observation of the +state of public sentiment in Europe upon this question and have not +found it to be such as to justify me in proposing an international +conference. There is, however, I am sure, a growing sentiment in Europe +in favor of a larger use of silver, and I know of no more effectual way +of promoting this sentiment than by accumulating gold here. A scarcity +of gold in the European reserves will be the most persuasive argument +for the use of silver. + +The exports of gold to Europe, which began in February last and +continued until the close of July, aggregated over $70,000,000. The net +loss of gold during the fiscal year was nearly $68,000,000. That no +serious monetary disturbance resulted was most gratifying and gave to +Europe fresh evidence of the strength and stability of our financial +institutions. With the movement of crops the outflow of gold was +speedily stopped and a return set in. Up to December 1 we had recovered +of our gold lost at the port of New York $27,854,000, and it is +confidently believed that during the winter and spring this aggregate +will be steadily and largely increased. + +The presence of a large cash surplus in the Treasury has for many years +been the subject of much unfavorable criticism, and has furnished an +argument to those who have desired to place the tariff upon a purely +revenue basis. It was agreed by all that the withdrawal from circulation +of so large an amount of money was an embarrassment to the business of +the country and made necessary the intervention of the Department at +frequent intervals to relieve threatened monetary panics. The surplus on +March 1, 1889, was $183,827,190.29. The policy of applying this surplus +to the redemption of the interest-bearing securities of the United +States was thought to be preferable to that of depositing it without +interest in selected national banks. There have been redeemed since +the date last mentioned of interest-bearing securities $259,079,350, +resulting in a reduction of the annual interest charge of $11,684,675. +The money which had been deposited in banks without interest has been +gradually withdrawn and used in the redemption of bonds. + +The result of this policy, of the silver legislation, and of the +refunding of the 4-1/2 per cent bonds has been a large increase of +the money in circulation. At the date last named the circulation was +$1,404,205,896, or $23.03 per capita, while on the 1st day of December, +1891, it had increased to $1,577,262,070, or $24.38 per capita. The +offer of the Secretary of the Treasury to the holders of the 4-1/2 per +cent bonds to extend the time of redemption, at the option of the +Government, at an interest of 2 per cent, was accepted by the holders of +about one-half the amount, and the unextended bonds are being redeemed +on presentation. + +The report of the Secretary of War exhibits the results of an +intelligent, progressive, and businesslike administration of a +Department which has been too much regarded as one of mere routine. The +separation of Secretary Proctor from the Department by reason of his +appointment as a Senator from the State of Vermont is a source of great +regret to me and to his colleagues in the Cabinet, as I am sure it will +be to all those who have had business with the Department while under +his charge. + +In the administration of army affairs some especially good work has +been accomplished. The efforts of the Secretary to reduce the percentage +of desertions by removing the causes that promoted it have been so +successful as to enable him to report for the last year a lower +percentage of desertion than has been before reached in the history +of the Army. The resulting money saving is considerable, but the +improvement in the morale of the enlisted men is the most valuable +incident of the reforms which have brought about this result. + +The work of securing sites for shore batteries for harbor defense and +the manufacture of mortars and guns of high power to equip them have +made good progress during the year. The preliminary work of tests and +plans which so long delayed a start is now out of the way. Some guns +have been completed, and with an enlarged shop and a more complete +equipment at Watervliet the Army will soon be abreast of the Navy in gun +construction. Whatever unavoidable causes of delay may arise, there +should be none from delayed or insufficient appropriations. We shall be +greatly embarrassed in the proper distribution and use of naval vessels +until adequate shore defenses are provided for our harbors. + +I concur in the recommendation of the Secretary that the three-battalion +organization be adopted for the infantry. The adoption of a smokeless +powder and of a modern rifle equal in range, precision, and rapidity of +fire to the best now in use will, I hope, not be longer delayed. + +The project of enlisting Indians and organizing them into separate +companies upon the same basis as other soldiers was made the subject +of very careful study by the Secretary and received my approval. Seven +companies have been completely organized and seven more are in process +of organization. The results of six months' training have more than +realized the highest anticipations. The men are readily brought under +discipline, acquire the drill with facility, and show great pride in the +right discharge of their duty and perfect loyalty to their officers, +who declare that they would take them into action with confidence. The +discipline, order, and cleanliness of the military posts will have a +wholesome and elevating influence upon the men enlisted, and through +them upon their tribes, while a friendly feeling for the whites and +a greater respect for the Government will certainly be promoted. + +The great work done in the Record and Pension Division of the War +Department by Major Ainsworth, of the Medical Corps, and the clerks +under him is entitled to honorable mention. Taking up the work with +nearly 41,000 cases behind, he closed the last fiscal year without a +single case left over, though the new cases had increased 52 per cent +in number over the previous year by reason of the pension legislation +of the last Congress. + +I concur in the recommendation of the Attorney-General that the right in +felony cases to a review by the Supreme Court be limited. It would seem +that personal liberty would have a safe guaranty if the right of review +in cases involving only fine and imprisonment were limited to the +circuit court of appeals, unless a constitutional question should in +some way be involved. + +The judges of the Court of Private Land Claims, provided for by the act +of March 3, 1891, have been appointed and the court organized. It is now +possible to give early relief to communities long repressed in their +development by unsettled land titles and to establish the possession and +right of settlers whose lands have been rendered valueless by adverse +and unfounded claims. + +The act of July 9, 1888, provided for the incorporation and management +of a reform school for girls in the District of Columbia; but it has +remained inoperative for the reason that no appropriation has been made +for construction or maintenance. The need of such an institution is very +urgent. Many girls could be saved from depraved lives by the wholesome +influences and restraints of such a school. I recommend that the +necessary appropriation be made for a site and for construction. + +The enforcement by the Treasury Department of the law prohibiting the +coming of Chinese to the United States has been effective as to such as +seek to land from vessels entering our ports. The result has been to +divert the travel to vessels entering the ports of British Columbia, +whence passage into the United States at obscure points along the +Dominion boundary is easy. A very considerable number of Chinese +laborers have during the past year entered the United States from +Canada and Mexico. + +The officers of the Treasury Department and of the Department of Justice +have used every means at their command to intercept this immigration; +but the impossibility of perfectly guarding our extended frontier is +apparent. The Dominion government collects a head tax of $50 from every +Chinaman entering Canada, and thus derives a considerable revenue from +those who only use its ports to reach a position of advantage to evade +our exclusion laws. There seems to be satisfactory evidence that the +business of passing Chinamen through Canada to the United States is +organized and quite active. The Department of Justice has construed the +laws to require the return of any Chinaman found to be unlawfully in +this country to China as the country from which he came, notwithstanding +the fact that he came by way of Canada; but several of the district +courts have in cases brought before them overruled this view of the +law and decided that such persons must be returned to Canada. This +construction robs the law of all effectiveness, even if the decrees +could be executed, for the men returned can the next day recross our +border. But the only appropriation made is for sending them back to +China, and the Canadian officials refuse to allow them to reenter +Canada without the payment of the fifty-dollar head tax. I recommend +such legislation as will remedy these defects in the law. + +In previous messages I have called the attention of Congress to the +necessity of so extending the jurisdiction of the United States courts +as to make triable therein any felony committed while in the act of +violating a law of the United States. These courts can not have that +independence and effectiveness which the Constitution contemplates so +long as the felonious killing of court officers, jurors, and witnesses +in the discharge of their duties or by reason of their acts as +such is only cognizable in the State courts. The work done by the +Attorney-General and the officers of his Department, even under the +present inadequate legislation, has produced some notable results in +the interest of law and order. + +The Attorney-General and also the Commissioners of the District of +Columbia call attention to the defectiveness and inadequacy of the +laws relating to crimes against chastity in the District of Columbia. +A stringent code upon this subject has been provided by Congress for +Utah, and it is a matter of surprise that the needs of this District +should have been so long overlooked. + +In the report of the Postmaster-General some very gratifying results are +exhibited and many betterments of the service suggested. A perusal of +the report gives abundant evidence that the supervision and direction +of the postal system have been characterized by an intelligent and +conscientious desire to improve the service. The revenues of the +Department show an increase of over $5,000,000, with a deficiency for +the year 1892 of less than $4,000,000, while the estimate for the year +1893 shows a surplus of receipts over expenditures. + +Ocean mail post offices have been established upon the steamers of the +North German Lloyd and Hamburg lines, saving by the distribution on +shipboard from two to fourteen hours' time in the delivery of mail at +the port of entry and often much more than this in the delivery at +interior places. So thoroughly has this system, initiated by Germany and +the United States, evidenced its usefulness that it can not be long +before it is installed upon all the great ocean mail-carrying +steamships. + +Eight thousand miles of new postal service has been established upon +railroads, the car distribution to substations in the great cities has +been increased about 12 per cent, while the percentage of errors in +distribution has during the past year been reduced over one-half. An +appropriation was given by the last Congress for the purpose of making +some experiments in free delivery in the smaller cities and towns. +The results of these experiments have been so satisfactory that the +Postmaster-General recommends, and I concur in the recommendation, +that the free-delivery system be at once extended to towns of 5,000 +population. His discussion of the inadequate facilities extended under +our present system to rural communities and his suggestions with a view +to give these communities a fuller participation in the benefits of the +postal service are worthy of your careful consideration. It is not just +that the farmer, who receives his mail at a neighboring town, should +not only be compelled to send to the post-office for it, but to pay a +considerable rent for a box in which to place it or to wait his turn at +a general-delivery window, while the city resident has his mail brought +to his door. It is stated that over 54,000 neighborhoods are under the +present system receiving mail at post-offices where money orders and +postal notes are not issued. The extension of this system to these +communities is especially desirable, as the patrons of such offices +are not possessed of the other facilities offered in more populous +communities for the transmission of small sums of money. + +I have in a message to the preceding Congress expressed my views +as to a modified use of the telegraph in connection with the postal +service.[23] In pursuance of the ocean mail law of March 3, 1891, and +after a most careful study of the whole subject and frequent conferences +with shipowners, boards of trade, and others, advertisements were issued +by the Postmaster-General for 53 lines of ocean mail service--10 to +Great Britain and the Continent, 27 to South America, 3 to China and +Japan, 4 to Australia and the Pacific islands, 7 to the West Indies, +and 2 to Mexico. It was not, of course, expected that bids for all +these lines would be received or that service upon them all would be +contracted for. It was intended, in furtherance of the act, to secure as +many new lines as possible, while including in the list most or all of +the foreign lines now occupied by American ships. It was hoped that a +line to England and perhaps one to the Continent would be secured; but +the outlay required to equip such lines wholly with new ships of the +first class and the difficulty of establishing new lines in competition +with those already established deterred bidders whose interest had been +enlisted. It is hoped that a way may yet be found of overcoming these +difficulties. + +The Brazil Steamship Company, by reason of a miscalculation as to +the speed of its vessels, was not able to bid under the terms of the +advertisement. The policy of the Department was to secure from the +established lines an improved service as a condition of giving to them +the benefits of the law. This in all instances has been attained. The +Postmaster-General estimates that an expenditure in American shipyards +of about $10,000,000 will be necessary to enable the bidders to +construct the ships called for by the service which they have accepted. +I do not think there is any reason for discouragement or for any turning +back from the policy of this legislation. Indeed, a good beginning has +been made, and as the subject is further considered and understood by +capitalists and shipping people new lines will be ready to meet future +proposals, and we may date from the passage of this law the revival of +American shipping interests and the recovery of a fair share of the +carrying trade of the world. We were receiving for foreign postage +nearly $2,000,000 under the old system, and the outlay for ocean mail +service did not exceed $600,000 per annum. It is estimated by the +Postmaster-General that if all the contracts proposed are completed it +will require $247,354 for this year in addition to the appropriation for +sea and inland postage already in the estimates, and that for the next +fiscal year, ending June 30, 1893, there would probably be needed about +$560,000. + +The report of the Secretary of the Navy shows a gratifying increase of +new naval vessels in commission. The _Newark, Concord, Bennington_, and +_Miantonomoh_ have been added during the year, with an aggregate of +something more than 11,000 tons. Twenty-four warships of all classes are +now under construction in the navy-yards and private shops; but while +the work upon them is going forward satisfactorily, the completion of +the more important vessels will yet require about a year's time. Some +of the vessels now under construction, it is believed, will be triumphs +of naval engineering. When it is recollected that the work of building +a modern navy was only initiated in the year 1883, that our naval +constructors and shipbuilders were practically without experience in the +construction of large iron or steel ships, that our engine shops were +unfamiliar with great marine engines, and that the manufacture of steel +forgings for guns and plates was almost wholly a foreign industry, +the progress that has been made is not only highly satisfactory, but +furnishes the assurance that the United States will before long attain +in the construction of such vessels, with their engines and armaments, +the same preeminence which it attained when the best instrument of ocean +commerce was the clipper ship and the most impressive exhibit of naval +power the old wooden three-decker man-of-war. The officers of the Navy +and the proprietors and engineers of our great private shops have +responded with wonderful intelligence and professional zeal to the +confidence expressed by Congress in its liberal legislation. We have now +at Washington a gun shop, organized and conducted by naval officers, +that in its system, economy, and product is unexcelled. Experiments with +armor plate have been conducted during the year with most important +results. It is now believed that a plate of higher resisting power than +any in use has been found and that the tests have demonstrated that +cheaper methods of manufacture than those heretofore thought necessary +can be used. + +I commend to your favorable consideration the recommendations of the +Secretary, who has, I am sure, given to them the most conscientious +study. There should be no hesitation in promptly completing a navy of +the best modern type large enough to enable this country to display its +flag in all seas for the protection of its citizens and of its extending +commerce. The world needs no assurance of the peaceful purposes of the +United States, but we shall probably be in the future more largely a +competitor in the commerce of the world, and it is essential to the +dignity of this nation and to that peaceful influence which it should +exercise on this hemisphere that its Navy should be adequate both upon +the shores of the Atlantic and of the Pacific. + +The report of the Secretary of the Interior shows that a very gratifying +progress has been made in all of the bureaus which make up that complex +and difficult Department. + +The work in the Bureau of Indian Affairs was perhaps never so large as +now, by reason of the numerous negotiations which have been proceeding +with the tribes for a reduction of the reservations, with the incident +labor of making allotments, and was never more carefully conducted. +The provision of adequate school facilities for Indian children and the +locating of adult Indians upon farms involve the solution of the "Indian +question." Everything else--rations, annuities, and tribal negotiations, +with the agents, inspectors, and commissioners who distribute and +conduct them--must pass away when the Indian has become a citizen, +secure in the individual ownership of a farm from which he derives his +subsistence by his own labor, protected by and subordinate to the laws +which govern the white man, and provided by the General Government or +by the local communities in which he lives with the means of educating +his children. When an Indian becomes a citizen in an organized State +or Territory, his relation to the General Government ceases in great +measure to be that of a ward; but the General Government ought not at +once to put upon the State or Territory the burden of the education of +his children. + +It has been my thought that the Government schools and school buildings +upon the reservations would be absorbed by the school systems of the +States and Territories; but as it has been found necessary to protect +the Indian against the compulsory alienation of his land by exempting +him from taxation for a period of twenty-five years, it would seem to +be right that the General Government, certainly where there are tribal +funds in its possession, should pay to the school fund of the State what +would be equivalent to the local school tax upon the property of the +Indian. It will be noticed from the report of the Commissioner of Indian +Affairs that already some contracts have been made with district schools +for the education of Indian children. There is great advantage, I think, +in bringing the Indian children into mixed schools. This process will +be gradual, and in the meantime the present educational provisions and +arrangements, the result of the best experience of those who have been +charged with this work, should be continued. This will enable those +religious bodies that have undertaken the work of Indian education with +so much zeal and with results so restraining and beneficent to place +their institutions in new and useful relations to the Indian and to his +white neighbors. + +The outbreak among the Sioux which occurred in December last is as to +its causes and incidents fully reported upon by the War Department +and the Department of the Interior. That these Indians had some +just complaints, especially in the matter of the reduction of the +appropriation for rations and in the delays attending the enactment of +laws to enable the Department to perform the engagements entered into +with them, is probably true; but the Sioux tribes are naturally warlike +and turbulent, and their warriors were excited by their medicine men +and chiefs, who preached the coming of an Indian messiah who was to +give them power to destroy their enemies. In view of the alarm that +prevailed among the white settlers near the reservation and of the fatal +consequences that would have resulted from an Indian incursion, I placed +at the disposal of General Miles, commanding the Division of the +Missouri, all such forces as were thought by him to be required. He +is entitled to the credit of having given thorough protection to the +settlers and of bringing the hostiles into subjection with the least +possible loss of life. + +The appropriation of $2,991,450 for the Choctaws and Chickasaws +contained in the general Indian appropriation bill of March 3, 1891, has +not been expended, for the reason that I have not yet approved a release +(to the Government) of the Indian claim to the lands mentioned. This +matter will be made the subject of a special message, placing before +Congress all the facts which have come to my knowledge. + +The relation of the Five Civilized Tribes now occupying the Indian +Territory to the United States is not, I believe, that best calculated +to promote the highest advancement of these Indians. That there should +be within our borders five independent states having no relations, +except those growing out of treaties, with the Government of the United +States, no representation in the National Legislature, its people not +citizens, is a startling anomaly. + +It seems to me to be inevitable that there shall be before long some +organic changes in the relation of these people to the United States. +What form these changes should take I do not think it desirable now to +suggest, even if they were well defined in my own mind. They should +certainly involve the acceptance of citizenship by the Indians and a +representation in Congress. These Indians should have opportunity to +present their claims and grievances upon the floor rather than, as now, +in the lobby. If a commission could be appointed to visit these tribes +to confer with them in a friendly spirit upon this whole subject, even +if no agreement were presently reached the feeling of the tribes upon +this question would be developed, and discussion would prepare the way +for changes which must come sooner or later. + +The good work of reducing the larger Indian reservations by allotments +in severalty to the Indians and the cession of the remaining lands to +the United States for disposition under the homestead law has been +prosecuted during the year with energy and success. In September last I +was enabled to open to settlement in the Territory of Oklahoma 900,000 +acres of land, all of which was taken up by settlers in a single day. +The rush for these lands was accompanied by a great deal of excitement, +but was happily free from incidents of violence. + +It was a source of great regret that I was not able to open at the +same time the surplus lands of the Cheyenne and Arapahoe Reservation, +amounting to about 3,000,000 acres, by reason of the insufficiency of +the appropriation for making the allotments. Deserving and impatient +settlers are waiting to occupy these lands, and I urgently recommend +that a special deficiency appropriation be promptly made of the small +amount needed, so that the allotments may be completed and the surplus +lands opened in time to permit the settlers to get upon their homesteads +in the early spring. + +During the past summer the Cherokee Commission have completed +arrangements with the Wichita, Kickapoo, and Tonkawa tribes whereby, if +the agreements are ratified by Congress, over 800,000 additional acres +will be opened to settlement in Oklahoma. + +The negotiations for the release by the Cherokees of their claim to +the Cherokee Strip have made no substantial progress so far as the +Department is officially advised, but it is still hoped that the cession +of this large and valuable tract may be secured. The price which the +commission was authorized to offer--$1.25 per acre--is, in my judgment, +when all the circumstances as to title and the character of the lands +are considered, a fair and adequate one, and should have been accepted +by the Indians. + +Since March 4, 1889, about 23,000,000 acres have been separated from +Indian reservations and added to the public domain for the use of those +who desired to secure free homes under our beneficent laws. It is +difficult to estimate the increase of wealth which will result from the +conversion of these waste lands into farms, but it is more difficult +to estimate the betterment which will result to the families that have +found renewed hope and courage in the ownership of a home and the +assurance of a comfortable subsistence under free and healthful +conditions. It is also gratifying to be able to feel, as we may, that +this work has proceeded upon lines of justice toward the Indian, and +that he may now, if he will, secure to himself the good influences of +a settled habitation, the fruits of industry, and the security of +citizenship. + +Early in this Administration a special effort was begun to bring up the +work of the General Land Office. By faithful work the arrearages have +been rapidly reduced. At the end of the last fiscal year only 84,172 +final agricultural entries remained undisposed of, and the Commissioner +reports that with the present force the work can be fully brought up by +the end of the next fiscal year. + +Your attention is called to the difficulty presented by the Secretary +of the Interior as to the administration of the law of March 3, 1891, +establishing a Court of Private Land Claims. The small holdings intended +to be protected by the law are estimated to be more than 15,000 in +number. The claimants are a most deserving class and their titles are +supported by the strongest equities. The difficulty grows out of the +fact that the lands have largely been surveyed according to our methods, +while the holdings, many of which have been in the same family for +generations, are laid out in narrow strips a few rods wide upon a stream +and running back to the hills for pasturage and timber. Provision should +be made for numbering these tracts as lots and for patenting them by +such numbers and without reference to section lines. + +The administration of the Pension Bureau has been characterized during +the year by great diligence. The total number of pensioners upon the +roll on the 30th day of June, 1891, was 676,160. There were allowed +during the fiscal year ending at that time 250,565 cases. Of this number +102,387 were allowed under the law of June 27, 1890. The issuing of +certificates has been proceeding at the rate of about 30,000 per month, +about 75 per cent of these being cases under the new law. The +Commissioner expresses the opinion that he will be able to carefully +adjudicate and allow 350,000 claims during the present fiscal year. The +appropriation for the payment of pensions for the fiscal year 1890-91 +was $127,685,793.89 and the amount expended $118,530,649.25, leaving an +unexpended surplus of $9,155,144.64. + +The Commissioner is quite confident that there will be no call this year +for a deficiency appropriation, notwithstanding the rapidity with which +the work is being pushed. The mistake which has been made by many in +their exaggerated estimates of the cost of pensions is in not taking +account of the diminished value of first payments under the recent +legislation. These payments under the general law have been for many +years very large, as the pensions when allowed dated from the time of +filing the claim, and most of these claims had been pending for years. +The first payments under the law of June, 1890, are relatively small, +and as the per cent of these cases increases and that of the old cases +diminishes the annual aggregate of first payments is largely reduced. +The Commissioner, under date of November 13, furnishes me with the +statement that during the last four months 113,175 certificates were +issued, 27,893 under the general law and 85,282 under the act of June +27, 1890. The average first payment during these four months was +$131.85, while the average first payment upon cases allowed during the +year ending June 30, 1891, was $239.33, being a reduction in the average +first payments during these four months of $107.48. + +The estimate for pension expenditures for the fiscal year ending June +30, 1893, is $144,956,000, which, after a careful examination of the +subject, the Commissioner is of the opinion will be sufficient. While +these disbursements to the disabled soldiers of the great Civil War are +large, they do not realize the exaggerated estimates of those who oppose +this beneficent legislation. The Secretary of the Interior shows with +great fullness the care that is taken to exclude fraudulent claims, and +also the gratifying fact that the persons to whom these pensions are +going are men who rendered not slight but substantial war service. + +The report of the Commissioner of Railroads shows that the total debt of +the subsidized railroads to the United States was on December 31, 1890, +$112,512,613.06. A large part of this debt is now fast approaching +maturity, with no adequate provision for its payment. Some policy for +dealing with this debt with a view to its ultimate collection should be +at once adopted. It is very difficult, well-nigh impossible, for so +large a body as the Congress to conduct the necessary negotiations and +investigations. I therefore recommend that provision be made for the +appointment of a commission to agree upon and report a plan for dealing +with this debt. + +The work of the Census Bureau is now far in advance and the great bulk +of the enormous labor involved completed. It will be more strictly a +statistical exhibit and less encumbered by essays than its immediate +predecessors. The methods pursued have been fair, careful, and +intelligent, and have secured the approval of the statisticians who +have followed them with a scientific and nonpartisan interest. The +appropriations necessary to the early completion and publication of the +authorized volumes should be given in time to secure against delays, +which increase the cost and at the same time diminish the value of +the work. + +The report of the Secretary exhibits with interesting fullness the +condition of the Territories. They have shared with the States the great +increase in farm products, and are bringing yearly large areas into +cultivation by extending their irrigating canals. This work is being +done by individuals or local corporations and without that system which +a full preliminary survey of the water supply and of the irrigable lands +would enable them to adopt. The future of the Territories of New Mexico, +Arizona, and Utah in their material growth and in the increase, +independence, and happiness of their people is very largely dependent +upon wise and timely legislation, either by Congress or their own +legislatures, regulating the distribution of the water supply furnished +by their streams. If this matter is much longer neglected, private +corporations will have unrestricted control of one of the elements of +life and the patentees of the arid lands will be tenants at will of the +water companies. + +The United States should part with its ownership of the water sources +and the sites for reservoirs, whether to the States and Territories or +to individuals or corporations, only upon conditions that will insure to +the settlers their proper water supply upon equal and reasonable terms. +In the Territories this whole subject is under the full control of +Congress, and in the States it is practically so as long as the +Government holds the title to the reservoir sites and water sources +and can grant them upon such conditions as it chooses to impose. The +improvident granting of franchises of enormous value without recompense +to the State or municipality from which they proceed and without proper +protection of the public interests is the most noticeable and flagrant +evil of modern legislation. This fault should not be committed in +dealing with a subject that will before many years affect so vitally +thousands of our people. + +The legislation of Congress for the repression of polygamy has, after +years of resistance on the part of the Mormons, at last brought them to +the conclusion that resistance is unprofitable and unavailing. The power +of Congress over this subject should not be surrendered until we have +satisfactory evidence that the people of the State to be created would +exercise the exclusive power of the State over this subject in the same +way. The question is not whether these people now obey the laws of +Congress against polygamy, but rather would they make, enforce, and +maintain such laws themselves if absolutely free to regulate the +subject? We can not afford to experiment with this subject, for +when a State is once constituted the act is final and any mistake +irretrievable. No compact in the enabling act could, in my opinion, +be binding or effective. + +I recommend that provision be made for the organization of a simple form +of town government in Alaska, with power to regulate such matters as +are usually in the States under municipal control. These local civil +organizations will give better protection in some matters than the +present skeleton Territorial organization. Proper restrictions as to +the power to levy taxes and to create debt should be imposed. + +If the establishment of the Department of Agriculture was regarded by +anyone as a mere concession to the unenlightened demand of a worthy +class of people, that impression has been most effectually removed by +the great results already attained. Its home influence has been very +great in disseminating agricultural and horticultural information, +in stimulating and directing a further diversification of crops, in +detecting and eradicating diseases of domestic animals, and, more than +all, in the close and informal contact which it has established and +maintains with the farmers and stock raisers of the whole country. Every +request for information has had prompt attention and every suggestion +merited consideration. The scientific corps of the Department is of a +high order and is pushing its investigations with method and enthusiasm. + +The inspection by this Department of cattle and pork products intended +for shipment abroad has been the basis of the success which has attended +our efforts to secure the removal of the restrictions maintained by the +European Governments. + +For ten years protests and petitions upon this subject from the packers +and stock raisers of the United States have been directed against these +restrictions, which so seriously limited our markets and curtailed the +profits of the farm. It is a source of general congratulation that +success has at last been attained, for the effects of an enlarged +foreign market for these meats will be felt not only by the farmer, but +in our public finances and in every branch of trade. It is particularly +fortunate that the increased demand for food products resulting from the +removal of the restrictions upon our meats and from the reciprocal trade +arrangements to which I have referred should have come at a time when +the agricultural surplus is so large. Without the help thus derived +lower prices would have prevailed. The Secretary of Agriculture +estimates that the restrictions upon the importation of our pork +products into Europe lost us a market for $20,000,000 worth of these +products annually. + +The grain crop of this year was the largest in our history--50 per cent +greater than that of last year--and yet the new markets that have been +opened and the larger demand resulting from short crops in Europe have +sustained prices to such an extent that the enormous surplus of meats +and breadstuffs will be marketed at good prices, bringing relief and +prosperity to an industry that was much depressed. The value of the +grain crop of the United States is estimated by the Secretary to be +this year $500,000,000 more than last; of meats $150,000,000 more, and +of all products of the farm $700,000,000 more. It is not inappropriate, +I think, here to suggest that our satisfaction in the contemplation of +this marvelous addition to the national wealth is unclouded by any +suspicion of the currency by which it is measured and in which the +farmer is paid for the products of his fields. + +The report of the Civil Service Commission should receive the careful +attention of the opponents as well as the friends of this reform. The +Commission invites a personal inspection by Senators and Representatives +of its records and methods, and every fair critic will feel that such +an examination should precede a judgment of condemnation either of the +system or its administration. It is not claimed that either is perfect, +but I believe that the law is being executed with impartiality and that +the system is incomparably better and fairer than that of appointments +upon favor. I have during the year extended the classified service to +include superintendents, teachers, matrons, and physicians in the Indian +service. This branch of the service is largely related to educational +and philanthropic work and will obviously be the better for the change. + +The heads of the several Executive Departments have been directed to +establish at once an efficiency record as the basis of a comparative +rating of the clerks within the classified service, with a view to +placing promotions therein upon the basis of merit. I am confident +that such a record, fairly kept and open to the inspection of those +interested, will powerfully stimulate the work of the Departments and +will be accepted by all as placing the troublesome matter of promotions +upon a just basis. + +I recommend that the appropriation for the Civil Service Commission be +made adequate to the increased work of the next fiscal year. + +I have twice before urgently called the attention of Congress to the +necessity of legislation for the protection of the lives of railroad +employees, but nothing has yet been done. During the year ending June +30, 1890, 369 brakemen were killed and 7,841 maimed while engaged in +coupling cars. The total number of railroad employees killed during +the year was 2,451 and the number injured 22,390. This is a cruel and +largely needless sacrifice. The Government is spending nearly $1,000,000 +annually to save the lives of shipwrecked seamen; every steam vessel +is rigidly inspected and required to adopt the most approved safety +appliances. All this is good. But how shall we excuse the lack of +interest and effort in behalf of this army of brave young men who in our +land commerce are being sacrificed every year by the continued use of +antiquated and dangerous appliances? A law requiring of every railroad +engaged in interstate commerce the equipment each year of a given per +cent of its freight cars with automatic couplers and air brakes would +compel an agreement between the roads as to the kind of brakes and +couplers to be used, and would very soon and very greatly reduce the +present fearful death rate among railroad employees. + +The method of appointment by the States of electors of President and +Vice-President has recently attracted renewed interest by reason of a +departure by the State of Michigan from the method which had become +uniform in all the States. Prior to 1832 various methods had been +used by the different States, and even by the same State. In some the +choice was made by the legislature; in others electors were chosen by +districts, but more generally by the voters of the whole State upon a +general ticket. The movement toward the adoption of the last-named +method had an early beginning and went steadily forward among the States +until in 1832 there remained but a single State (South Carolina) that +had not adopted it. That State until the Civil War continued to choose +its electors by a vote of the legislature, but after the war changed its +method and conformed to the practice of the other States. For nearly +sixty years all the States save one have appointed their electors by +a popular vote upon a general ticket, and for nearly thirty years this +method was universal. + +After a full test of other methods, without important division or +dissent in any State and without any purpose of party advantage, as +we must believe, but solely upon the considerations that uniformity +was desirable and that a general election in territorial divisions not +subject to change was most consistent with the popular character of our +institutions, best preserved the equality of the voters, and perfectly +removed the choice of President from the baneful influence of the +"gerrymander," the practice of all the States was brought into harmony. +That this concurrence should now be broken is, I think, an unfortunate +and even a threatening episode, and one that may well suggest whether +the States that still give their approval to the old and prevailing +method ought not to secure by a constitutional amendment a practice +which has had the approval of all. The recent Michigan legislation +provides for choosing what are popularly known as the Congressional +electors for President by Congressional districts and the two Senatorial +electors by districts created for that purpose. This legislation was, of +course, accompanied by a new Congressional apportionment, and the two +statutes bring the electoral vote of the State under the influence of +the "gerrymander." + +These gerrymanders for Congressional purposes are in most cases +buttressed by a gerrymander of the legislative districts, thus making it +impossible for a majority of the legal voters of the State to correct +the apportionment and equalize the Congressional districts. A minority +rule is established that only a political convulsion can overthrow. I +have recently been advised that in one county of a certain State three +districts for the election of members of the legislature are constituted +as follows: One has 65,000 population, one 15,000, and one 10,000, while +in another county detached, noncontiguous sections have been united to +make a legislative district. These methods have already found effective +application to the choice of Senators and Representatives in Congress, +and now an evil start has been made in the direction of applying them to +the choice by the States of electors of President and Vice-President. If +this is accomplished, we shall then have the three great departments of +the Government in the grasp of the "gerrymander," the legislative and +executive directly and the judiciary indirectly through the power of +appointment. + +An election implies a body of electors having prescribed qualifications, +each one of whom has an equal value and influence in determining the +result. So when the Constitution provides that "each State shall +appoint" (elect), "in such manner as the legislature thereof may direct, +a number of electors," etc., an unrestricted power was not given to the +legislatures in the selection of the methods to be used. "A republican +form of government" is guaranteed by the Constitution to each State, and +the power given by the same instrument to the legislatures of the States +to prescribe methods for the choice by the State of electors must be +exercised under that limitation. The essential features of such a +government are the right of the people to choose their own officers and +the nearest practicable equality of value in the suffrages given in +determining that choice. + +It will not be claimed that the power given to the legislature would +support a law providing that the persons receiving the smallest vote +should be the electors or a law that all the electors should be chosen +by the voters of a single Congressional district. The State is to +choose, and under the pretense of regulating methods the legislature +can neither vest the right of choice elsewhere nor adopt methods not +conformable to republican institutions. It is not my purpose here to +discuss the question whether a choice by the legislature or by the +voters of equal single districts is a choice by the State, but only to +recommend such regulation of this matter by constitutional amendment as +will secure uniformity and prevent that disgraceful partisan jugglery +to which such a liberty of choice, if it exists, offers a temptation. + +Nothing just now is more important than to provide every guaranty for +the absolutely fair and free choice by an equal suffrage within the +respective States of all the officers of the National Government, +whether that suffrage is applied directly, as in the choice of members +of the House of Representatives, or indirectly, as in the choice of +Senators and electors of President. Respect for public officers and +obedience to law will not cease to be the characteristics of our people +until our elections cease to declare the will of majorities fairly +ascertained without fraud, suppression, or gerrymander. If I were +called upon to declare wherein our chief national danger lies, I should +say without hesitation in the overthrow of majority control by the +suppression or perversion of the popular suffrage. That there is a real +danger here all must agree; but the energies of those who see it have +been chiefly expended in trying to fix responsibility upon the opposite +party rather than in efforts to make such practices impossible by either +party. + +Is it not possible now to adjourn that interminable and inconclusive +debate while we take by consent one step in the direction of reform by +eliminating the gerrymander, which has been denounced by all parties as +an influence in the selection of electors of President and members of +Congress? All the States have, acting freely and separately, determined +that the choice of electors by a general ticket is the wisest and +safest method, and it would seem there could be no objection to a +constitutional amendment making that method permanent. If a legislature +chosen in one year upon purely local questions should, pending a +Presidential contest, meet, rescind the law for a choice upon a general +ticket, and provide for the choice of electors by the legislature, and +this trick should determine the result, it is not too much to say that +the public peace might be seriously and widely endangered. + +I have alluded to the "gerrymander" as affecting the method of selecting +electors of President by Congressional districts, but the primary intent +and effect of this form of political robbery have relation to the +selection of members of the House of Representatives. The power of +Congress is ample to deal with this threatening and intolerable abuse. +The unfailing test of sincerity in election reform will be found in a +willingness to confer as to remedies and to put into force such measures +as will most effectually preserve the right of the people to free and +equal representation. + +An attempt was made in the last Congress to bring to bear the +constitutional powers of the General Government for the correction +of fraud against the suffrage. It is important to know whether the +opposition to such measures is really rested in particular features +supposed to be objectionable or includes any proposition to give to +the election laws of the United States adequacy to the correction +of grave and acknowledged evils. I must yet entertain the hope that +it is possible to secure a calm, patriotic consideration of such +constitutional or statutory changes as may be necessary to secure +the choice of the officers of the Government to the people by fair +apportionments and free elections. + +I believe it would be possible to constitute a commission, nonpartisan +in its membership and composed of patriotic, wise, and impartial men, +to whom a consideration of the question of the evils connected with our +election system and methods might be committed with a good prospect of +securing unanimity in some plan for removing or mitigating those evils. +The Constitution would permit the selection of the commission to be +vested in the Supreme Court if that method would give the best guaranty +of impartiality. This commission should be charged with the duty of +inquiring into the whole subject of the law of elections as related +to the choice of officers of the National Government, with a view to +securing to every elector a free and unmolested exercise of the suffrage +and as near an approach to an equality of value in each ballot cast as +is attainable. + +While the policies of the General Government upon the tariff, upon the +restoration of our merchant marine, upon river and harbor improvements, +and other such matters of grave and general concern are liable to be +turned this way or that by the results of Congressional elections and +administrative policies, sometimes involving issues that tend to peace +or war, to be turned this way or that by the results of a Presidential +election, there is a rightful interest in all the States and in every +Congressional district that will not be deceived or silenced by the +audacious pretense that the question of the right of any body of legal +voters in any State or in any Congressional district to give their +suffrages freely upon these general questions is a matter only of local +concern or control. The demand that the limitations of suffrage shall +be found in the law, and only there, is a just demand, and no just man +should resent or resist it. My appeal is and must continue to be for +a consultation that shall "proceed with candor, calmness, and patience +upon the lines of justice and humanity, not of prejudice and cruelty." + +To the consideration of these very grave questions I invite not only the +attention of Congress, but that of all patriotic citizens. We must not +entertain the delusion that our people have ceased to regard a free +ballot and equal representation as the price of their allegiance to +laws and to civil magistrates. + +I have been greatly rejoiced to notice many evidences of the increased +unification of our people and of a revived national spirit. The vista +that now opens to us is wider and more glorious than ever before. +Gratification and amazement struggle for supremacy as we contemplate +the population, wealth, and moral strength of our country. A trust +momentous in its influence upon our people and upon the world is for +a brief time committed to us, and we must not be faithless to its first +condition--the defense of the free and equal influence of the people in +the choice of public officers and in the control of public affairs. + +BENJ. HARRISON. + +[Footnote 22: See pp. 59-60.] + +[Footnote 23: See p. 127.] + + + + +SPECIAL MESSAGES. + + +EXECUTIVE MANSION, _December 16, 1891_. + +_To the Senate and House of Representatives_: + +I transmit herewith, for your information, a letter from the Secretary +of State, inclosing the first annual report and copies of the bulletins +of the Bureau of the American Republics. + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _December 23, 1891_. + +_To the Senate and House of Representatives_: + +I transmit herewith the report of the board appointed by me under a +clause in the District of Columbia appropriation act approved August 6, +1890, "to consider the location, arrangement, and operation of electric +wires in the District of Columbia," etc., to which the attention of +Congress is respectfully invited. + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _December 23, 1891_. + +_To the Senate and House of Representatives_: + +My attention having been called to the necessity of bringing about a +uniform usage and spelling of geographic names in the publications of +the Government, the following Executive order was issued on the 4th day +of September, 1890: + + As it is desirable that uniform usage in regard to geographic + nomenclature and orthography obtain throughout the Executive + Departments of the Government, and particularly upon the maps and + charts issued by the various Departments and bureaus, I hereby + constitute a Board on Geographic Names and designate the following + persons, who have heretofore cooperated for a similar purpose under + the authority of the several Departments, bureaus, and institutions + with which they are connected, as members of said board: + + Professor Thomas C. Mendenhall, United States Coast and Geodetic + Survey, chairman. + + Andrew H. Allen, Department of State. + + Captain Henry L. Howison, Light-House Board, Treasury Department. + + Captain Thomas Turtle, Engineer Corps, War Department. + + Lieutenant Richardson Clover, Hydrographic Office, Navy Department. + + Pierson H. Bristow, Post-Office Department. + + Otis T. Mason, Smithsonian Institution. + + Herbert G. Ogden, United States Coast and Geodetic Survey. + + Henry Gannett, United States Geological Survey. + + Marcus Baker, United States Geological Survey. + + To this board shall be referred all unsettled questions concerning + geographic names which arise in the Departments, and the decisions + of the board are to be accepted by these Departments as the standard + authority in such matters. + + Department officers are instructed to afford such assistance as may be + proper to carry on the work of this board. + + The members of this board shall serve without additional compensation + and its organization shall entail no expense on the Government. + + +The report of the board thus constituted has been submitted to me, and +is herewith transmitted for the information of Congress and with a view +to its publication in suitable form if such action is deemed by Congress +to be desirable. + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _January 5, 1892_. + +_To the Senate and House of Representatives_: + +The famine prevailing in some of the Provinces of Russia is so severe +and widespread as to have attracted the sympathetic interest of a +large number of our liberal and favored people. In some of the great +grain-producing States of the West movements have already been organized +to collect flour and meal for the relief of these perishing Russian +families, and the response has been such as to justify the belief that +a ship's cargo can very soon be delivered at the seaboard through the +generous cooperation of the transportation lines. It is most appropriate +that a people whose storehouses have been so lavishly filled with all +the fruits of the earth by the gracious favor of God should manifest +their gratitude by large gifts to His suffering children in other lands. + +The Secretary of the Navy has no steam vessel at his disposal that +could be used for the transportation of these supplies, and I therefore +recommend that he be authorized to charter a suitable vessel to receive +them if a sufficient amount should be offered, and to send them under +the charge of a naval officer to such Russian port as may be most +convenient for ready distribution to those most in need. + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _January 6, 1892_. + +_To the Senate and House of Representatives_: + +I transmit herewith, for the consideration of Congress, a communication +of the 4th instant from the Secretary of the Interior, accompanied by +an agreement concluded by and between the Cherokee Commission and the +Wichita and affiliated bands of Indians in the Territory of Oklahoma, +for the cession of certain lands and for other purposes. + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _January 6, 1892_. + +_To the Senate and House of Representatives_: + +I transmit herewith, for the consideration of Congress, a communication +of the 4th instant from the Secretary of the Interior, submitting the +agreement entered into between the Indians of the Colville Reservation, +in the State of Washington, and the commissioners appointed under the +provisions of the act of August 19, 1890, to negotiate with them for +the cession of such portion of said reservation as said Indians may be +willing to dispose of, that the same may be opened to white settlement. + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _January 6, 1892_. + +_To the Senate and House of Representatives_: + +I transmit herewith, for the consideration of Congress, a communication +of the 4th instant from the Secretary of the Interior, accompanied by an +agreement concluded by the Cherokee Commission with the Tonkawa Indians +in Oklahoma Territory, for the cession of all their right, title, claim, +and interest of every kind and character in and to the lands occupied by +them in said Territory, and for other purposes. + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _January 11, 1892_. + +_To the Senate and House of Representatives_: + +I transmit herewith, for the consideration of Congress, a communication +of the 8th instant from the Secretary of the Interior, submitting the +agreements concluded by and between the Cherokee Commission and the +Kickapoo tribe of Indians in the Territory of Oklahoma, for the cession +of certain lands and for other purposes. + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _January 11, 1892_. + +_To the Senate and House of Representatives_: + +I transmit herewith, for the consideration of Congress, a communication +of the 4th instant from the Secretary of the Interior, submitting the +agreement entered into between the Indians of the Pyramid Lake +Reservation and the commission appointed under the provisions of the +Indian appropriation act of March 3, 1891, for the cession and +relinquishment of the southern portion of their reservation in the State +of Nevada. + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _January 11 1892_. + +_To the Senate and House of Representatives_: + +I transmit herewith, for the consideration of Congress, a communication +of the 4th instant from the Secretary of the Interior, submitting the +agreement entered into between the Shoshone and Arapahoe Indians of the +Shoshone or Wind River Reservation, in the State of Wyoming, and the +commission appointed under the provisions of the Indian appropriation +act of March 3, 1891, for the cession and relinquishment of a portion +of their said reservation. + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _Washington, January 18, 1892_. + +_To the Senate of the United States_: + +I transmit herewith to the Senate a report of the Secretary of State, +in answer to the resolution of the Senate of the 12th instant, making +inquiries regarding payments of the awards of the claims commission +under the convention of July 4, 1868, between the United States and +Mexico. + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _January 19, 1892_. + +_To the Senate and House of Representatives_: + +I transmit herewith a letter of the Secretary of the Navy, accompanied +by the report of the commission appointed by me by virtue of a provision +in the naval appropriation act approved June 30, 1890, "to select a +suitable site, having due regard to commercial and naval interests, for +a dry dock at some point on the shores of the Gulf of Mexico or the +waters connected therewith." + +The Secretary of the Navy approves the recommendations of the +commission, and they are respectfully submitted for the consideration +of the Congress. + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _January 25, 1892_. + +_To the Senate and House of Representatives_: + +In my annual message delivered to Congress at the beginning of the +present session, after a brief statement of the facts then in the +possession of this Government touching the assault in the streets of +Valparaiso, Chile, upon the sailors of the United States steamship +_Baltimore_ on the evening of the 16th of October last, I said: + + This Government is now awaiting the result of an investigation which + has been conducted by the criminal court at Valparaiso. It is reported + unofficially that the investigation is about completed, and it is + expected that the result will soon be communicated to this Government, + together with some adequate and satisfactory response to the note by + which the attention of Chile was called to this incident. If these + just expectations should be disappointed or further needless delay + intervene, I will by a special message bring this matter again to the + attention of Congress for such action as may be necessary. + + +In my opinion the time has now come when I should lay before the +Congress and the country the correspondence between this Government +and the Government of Chile from the time of the breaking out of the +revolution against Balmaceda, together with all other facts in the +possession of the executive department relating to this matter. The +diplomatic correspondence is herewith transmitted, together with some +correspondence between the naval officers for the time in command in +Chilean waters and the Secretary of the Navy, and also the evidence +taken at the Mare Island Navy-Yard since the arrival of the _Baltimore_ +at San Francisco. I do not deem it necessary in this communication to +attempt any full analysis of the correspondence or of the evidence. +A brief restatement of the international questions involved and of the +reasons why the responses of the Chilean Government are unsatisfactory +is all that I deem necessary. + +It may be well at the outset to say that whatever may have been said +in this country or in Chile in criticism of Mr. Egan, our minister at +Santiago, the true history of this exciting period in Chilean affairs +from the outbreak of the revolution until this time discloses no act on +the part of Mr. Egan unworthy of his position or that could justly be +the occasion of serious animadversion or criticism. He has, I think, +on the whole borne himself in very trying circumstances with dignity, +discretion, and courage, and has conducted the correspondence with +ability, courtesy, and fairness. + +It is worth while also at the beginning to say that the right of +Mr. Egan to give shelter in the legation to certain adherents of the +Balmaceda Government who applied to him for asylum has not been denied +by the Chilean authorities, nor has any demand been made for the +surrender of these refugees. That there was urgent need of asylum is +shown by Mr. Egan's note of August 24, 1891, describing the disorders +that prevailed in Santiago, and by the evidence of Captain Schley +as to the pillage and violence that prevailed at Valparaiso. The +correspondence discloses, however, that the request of Mr. Egan for a +safe conduct from the country in behalf of these refugees was denied. +The precedents cited by him in the correspondence, particularly the case +of the revolution in Peru in 1865, did not leave the Chilean Government +in a position to deny the right of asylum to political refugees, and +seemed very clearly to support Mr. Egan's contention that a safe conduct +to neutral territory was a necessary and acknowledged incident of the +asylum. These refugees have very recently, without formal safe conduct, +but by the acquiescence of the Chilean authorities, been placed on +board the _Yorktown_, and are now being conveyed to Callao, Peru. +This incident might be considered wholly closed but for the disrespect +manifested toward this Government by the close and offensive police +surveillance of the legation premises which was maintained during most +of the period of the stay of the refugees therein. After the date of my +annual message, and up to the time of the transfer of the refugees to +the _Yorktown_, the legation premises seemed to have been surrounded by +police in uniform and police agents or detectives in citizen's dress, +who offensively scrutinized persons entering or leaving the legation, +and on one or more occasions arrested members of the minister's family. +Commander Evans, who by my direction recently visited Mr. Egan at +Santiago, in his telegram to the Navy Department described the legation +as "a veritable prison," and states that the police agents or detectives +were after his arrival withdrawn during his stay. It appears further +from the note of Mr. Egan of November 20, 1891, that on one occasion at +least these police agents, whom he declares to be known to him, invaded +the legation premises, pounding upon its windows and using insulting and +threatening language toward persons therein. This breach of the right +of a minister to freedom from police espionage and restraint seems to +have been so flagrant that the Argentine minister, who was dean of +the diplomatic corps, having observed it, felt called upon to protest +against it to the Chilean minister of foreign affairs. The Chilean +authorities have, as will be observed from the correspondence, charged +the refugees and the inmates of the legation with insulting the police; +but it seems to me incredible that men whose lives were in jeopardy and +whose safety could only be secured by retirement and quietness should +have sought to provoke a collision, which could only end in their +destruction, or to aggravate their condition by intensifying a popular +feeling that at one time so threatened the legation as to require Mr. +Egan to appeal to the minister of foreign affairs. + +But the most serious incident disclosed by the correspondence is that +of the attack upon the sailors of the _Baltimore_ in the streets of +Valparaiso on the 16th of October last. In my annual message, speaking +upon the information then in my possession, I said: + + So far as I have yet been able to learn, no other explanation of this + bloody work has been suggested than that it had its origin in hostility + to those men as sailors of the United States, wearing the uniform of + their Government, and not in any individual act or personal animosity. + + +We have now received from the Chilean Government an abstract of the +conclusions of the fiscal general upon the testimony taken by the judge +of crimes in an investigation which was made to extend over nearly three +months. I very much regret to be compelled to say that this report does +not enable me to modify the conclusion announced in my annual message. +I am still of the opinion that our sailors were assaulted, beaten, +stabbed, and killed not for anything they or any one of them had done, +but for what the Government of the United States had done or was charged +with having done by its civil officers and naval commanders. If that be +the true aspect of the case, the injury was to the Government of the +United States, not to these poor sailors who were assaulted in a manner +so brutal and so cowardly. + +Before attempting to give an outline of the facts upon which this +conclusion rests I think it right to say a word or two upon the legal +aspect of the case. The _Baltimore_ was in the harbor of Valparaiso by +virtue of that general invitation which nations are held to extend to +the war vessels of other powers with which they have friendly relations. +This invitation, I think, must be held ordinarily to embrace the +privilege of such communication with the shore as is reasonable, +necessary, and proper for the comfort and convenience of the officers +and men of such vessels. Captain Schley testifies that when his vessel +returned to Valparaiso on September 14 the city officers, as is +customary, extended the hospitalities of the city to his officers and +crew. It is not claimed that every personal collision or injury in which +a sailor or officer of such naval vessel visiting the shore may be +involved raises an international question, but I am clearly of the +opinion that where such sailors or officers are assaulted by a resident +populace, animated by hostility to the government whose uniform these +sailors and officers wear and in resentment of acts done by their +government, not by them, their nation must take notice of the event +as one involving an infraction of its rights and dignity, not in a +secondary way, as where a citizen is injured and presents his claim +through his own government, but in a primary way, precisely as if its +minister or consul or the flag itself had been the object of the same +character of assault. + +The officers and sailors of the _Baltimore_ were in the harbor of +Valparaiso under the orders of their Government, not by their own +choice. They were upon the shore by the implied invitation of the +Government of Chile and with the approval of their commanding officer; +and it does not distinguish their case from that of a consul that his +stay is more permanent or that he holds the express invitation of the +local government to justify his longer residence. Nor does it affect +the question that the injury was the act of a mob. If there had been +no participation by the police or military in this cruel work and no +neglect on their part to extend protection, the case would still be one, +in my opinion, when its extent and character are considered, involving +international rights. The incidents of the affair are briefly as +follows: + +On the 16th of October last Captain Schley, commanding the United States +steamship _Baltimore_, gave shore leave to 117 petty officers and +sailors of his ship. These men left the ship about 1.30 p.m. No incident +of violence occurred, none of our men were arrested, no complaint was +lodged against them, nor did any collision or outbreak occur until about +6 o'clock p.m. Captain Schley states that he was himself on shore and +about the streets of the city until 5.30 p.m.; that he met very many of +his men who were upon leave; that they were sober and were conducting +themselves with propriety, saluting Chilean and other officers as they +met them. Other officers of the ship and Captain Jenkins, of the +merchant ship _Keweenaw_, corroborate Captain Schley as to the general +sobriety and good behavior of our men. The Sisters of Charity at the +hospital to which our wounded men were taken when inquired of stated +that they were sober when received. If the situation had been otherwise, +we must believe that the Chilean police authorities would have made +arrests. About 6 p.m. the assault began, and it is remarkable that the +investigation by the judge of crimes, though so protracted, does not +enable him to give any more satisfactory account of its origin than is +found in the statement that it began between drunken sailors. Repeatedly +in the correspondence it is asserted that it was impossible to learn +the precise cause of the riot. The minister of foreign affairs, Matta, +in his telegram to Mr. Montt under date December 31, states that the +quarrel began between two sailors in a tavern and was continued in the +street, persons who were passing joining in it. + +The testimony of Talbot, an apprentice, who was with Riggin, is that +the outbreak in which they were involved began by a Chilean sailor's +spitting in the face of Talbot, which was resented by a knockdown. It +appears that Riggin and Talbot were at the time unaccompanied by others +of their shipmates. These two men were immediately beset by a crowd of +Chilean citizens and sailors, through which they broke their way to a +street car, and entered it for safety. They were pursued, driven from +the car, and Riggin was so seriously beaten that he fell in the street +apparently dead. There is nothing in the report of the Chilean +investigation made to us that seriously impeaches this testimony. It +appears from Chilean sources that almost instantly, with a suddenness +that strongly implies meditation and preparation, a mob, stated by the +police authorities at one time to number 2,000 and at another 1,000, +was engaged in the assault upon our sailors, who are represented as +resisting "with stones, clubs, and bright arms." The report of the +_intendente_ of October 30 states that the fight began at 6 p.m. in +three streets, which are named; that information was received at the +_intendencia_ at 6.15, and that the police arrived on the scene at 6.30, +a full half hour after the assault began. At that time he says that a +mob of 2,000 men had collected, and that for several squares there was +the appearance of a "real battlefield." + +The scene at this point is very graphically set before us by the Chilean +testimony. The American sailors, who after so long an examination have +not been found guilty of any breach of the peace so far as the Chilean +authorities are able to discover, unarmed and defenseless, are fleeing +for their lives, pursued by overwhelming numbers, and fighting only to +aid their own escape from death or to succor some mate whose life is in +greater peril. Eighteen of them are brutally stabbed and beaten, while +one Chilean seems from the report to have suffered some injury, but how +serious or with what character of weapon, or whether by a missile thrown +by our men or by some of his fellow-rioters, is unascertained. + +The pretense that our men were fighting "with stones, clubs, and bright +arms" is in view of these facts incredible. It is further refuted by the +fact that our prisoners when searched were absolutely without arms, only +seven penknives being found in the possession of the men arrested, while +there were received by our men more than thirty stab wounds, every one +of which was inflicted in the back, and almost every contused wound was +in the back or back of the head; The evidence of the ship's officer of +the day is that even the jackknives of the men were taken from them +before leaving the ship. + +As to the brutal nature of the treatment received by our men, the +following extract from the account given of the affair by the La Patria +newspaper, of Valparaiso, of October 17, can not be regarded as too +friendly: + + The Yankees, as soon as their pursuers gave chase, went by way of the + Calle del Arsenal toward the city car station. In the presence of an + ordinary number of citizens, among whom were some sailors, the North + Americans took seats in the street car to escape from the stones which + the Chileans threw at them. It was believed for an instant that the + North Americans had saved themselves from popular fury, but such was + not the case. Scarcely had the car begun to move when a crowd gathered + around and stopped its progress. Under these circumstances and without + any cessation of the howling and throwing of stones at the North + Americans, the conductor entered the car, and, seeing the risk of the + situation to the vehicle, ordered them to get out. At the instant the + sailors left the car, in the midst of a hail of stones, the said + conductor received a stone blow on the head. One of the Yankee sailors + managed to escape in the direction of the Plaza Wheelright, but the + other was felled to the ground by a stone. Managing to raise himself + from the ground where he lay, he staggered in an opposite direction + from the station. In front of the house of Señor Mazzini he was again + wounded, falling then senseless and breathless. + + +No amount of evasion or subterfuge is able to cloud our clear vision +of this brutal work. It should be noticed in this connection that the +American sailors arrested, after an examination, were during the four +days following the arrest every one discharged, no charge of any breach +of the peace or other criminal conduct having been sustained against +a single one of them. The judge of crimes, Foster, in a note to the +_intendente_ under date of October 22, before the dispatch from this +Government of the following day, which aroused the authorities of Chile +to a better sense of the gravity of the affair, says: + + Having presided temporarily over this court in regard to the seamen of + the United States cruiser _Baltimore_, who have been tried on account + of the deplorable conduct which took place, etc. + + +The noticeable point here is that our sailors had been tried before +the 22d of October, and that the trial resulted in their acquittal and +return to their vessel. It is quite remarkable and quite characteristic +of the management of this affair by the Chilean police authorities that +we should now be advised that Seaman Davidson, of the _Baltimore_, has +been included in the indictment, his offense being, so far as I have +been able to ascertain, that he attempted to defend a shipmate against +an assailant who was striking at him with a knife. The perfect +vindication of our men is furnished by this report. One only is found +to have been guilty of criminal fault, and that for an act clearly +justifiable. + +As to the part taken by the police in the affair, the case made by Chile +is also far from satisfactory. The point where Riggin was killed is only +three minutes' walk from the police station, and not more than twice +that distance from the _intendencia_; and yet according to their +official report a full half hour elapsed after the assault began before +the police were upon the ground. It has been stated that all but two of +our men have said that the police did their duty. The evidence taken at +Mare Island shows that if such a statement was procured from our men it +was accomplished by requiring them to sign a writing in a language they +did not understand and by the representation that it was a mere +declaration that they had taken no part in the disturbance. Lieutenant +McCrea, who acted as interpreter, says in his evidence that when our +sailors were examined before the court the subject of the conduct of the +police was so carefully avoided that he reported the fact to Captain +Schley on his return, to the vessel. + +The evidences of the existence of animosity toward our sailors in +the minds of the sailors of the Chilean navy and of the populace of +Valparaiso are so abundant and various as to leave no doubt in the mind +of anyone who will examine the papers submitted. It manifested itself +in threatening and insulting gestures toward our men as they passed +the Chilean men-of-war in their boats and in the derisive and abusive +epithets with which they greeted every appearance of an American sailor +on the evening of the riot. Captain Schley reports that boats from the +Chilean war ships several times went out of their course to cross the +bows of his boats, compelling them to back water. He complained of the +discourtesy, and it was corrected. That this feeling was shared by men +of higher rank is shown by an incident related by Surgeon Stitt, of +the _Baltimore_. After the battle of Placilla he, with other medical +officers of the war vessels in the harbor, was giving voluntary +assistance to the wounded in the hospitals. The son of a Chilean army +officer of high rank was under his care, and when the father discovered +it he flew into a passion and said he would rather have his son die than +have Americans touch him, and at once had him removed from the ward. +This feeling is not well concealed in the dispatches of the foreign +office, and had quite open expression in the disrespectful treatment of +the American legation. The Chilean boatmen in the bay refused, even for +large offers of money, to return our sailors, who crowded the Mole, +to their ship when they were endeavoring to escape from the city on +the night of the assault. The market boats of the _Baltimore_ were +threatened, and even quite recently the gig of Commander Evans, of +the _Yorktown_, was stoned while waiting for him at the Mole. + +The evidence of our sailors clearly shows that the attack was expected +by the Chilean people, that threats had been made against our men, and +that in one case, somewhat early in the afternoon, the keeper of one +house into which some of our men had gone closed his establishment in +anticipation of the attack, which he advised them would be made upon +them as darkness came on. + +In a report of Captain Schley to the Navy Department he says: + + In the only interview that I had with Judge Foster, who is + investigating the case relative to the disturbance, before he was aware + of the entire gravity of the matter, he informed me that the assault + upon my men was the outcome of hatred for our people among the lower + classes because they thought we had sympathized with the Balmaceda + Government on account of the _Itata_ matter, whether with reason or + without he could of course not admit; but such he thought was the + explanation of the assault at that time. + + +Several of our men sought security from the mob by such complete or +partial changes in their dress as would conceal the fact of their being +seamen of the _Baltimore_, and found it then possible to walk the +streets without molestation. These incidents conclusively establish that +the attack was upon the uniform--the nationality--and not upon the men. + +The origin of this feeling is probably found in the refusal of this +Government to give recognition to the Congressional party before it +had established itself, in the seizure of the _Itata_ for an alleged +violation of the neutrality law, in the cable incident, and in the +charge that Admiral Brown conveyed information to Valparaiso of the +landing at Quinteros. It is not my purpose to enter here any defense of +the action of this Government in these matters. It is enough for the +present purpose to say that if there was any breach of international +comity or duty on our part it should have been made the subject of +official complaint through diplomatic channels or for reprisals for +which a full responsibility was assumed. We can not consent that these +incidents and these perversions of the truth shall be used to excite +a murderous attack upon our unoffending sailors and the Government +of Chile go aquit of responsibility. In fact, the conduct of this +Government during the war in Chile pursued those lines of international +duty which we had so strongly insisted upon on the part of other nations +when this country was in the throes of a civil conflict. We continued +the established diplomatic relations with the government in power until +it was overthrown, and promptly and cordially recognized the new +government when it was established. The good offices of this Government +were offered to bring about a peaceful adjustment, and the interposition +of Mr. Egan to mitigate severities and to shelter adherents of the +Congressional party was effective and frequent. The charge against +Admiral Brown is too base to gain credence with anyone who knows his +high personal and professional character. + +Recurring to the evidence of our sailors, I think it is shown that there +were several distinct assaults, and so nearly simultaneous as to show +that they did not spread from one point. A press summary of the report +of the fiscal shows that the evidence of the Chilean officials and +others was in conflict as to the place of origin, several places being +named by different witnesses as the locality where the first outbreak +occurred. This if correctly reported shows that there were several +distinct outbreaks, and so nearly at the same time as to cause this +confusion. The La Patria, in the same issue from which I have already +quoted, after describing the killing of Riggin and the fight which from +that point extended to the Mole, says: + + At the same time in other streets of the port the Yankee sailors fought + fiercely with the people of the town, who believed to see in them + incarnate enemies of the Chilean navy. + + +The testimony of Captain Jenkins, of the American merchant ship +_Keweenaw_, which had gone to Valparaiso for repairs, and who was a +witness of some part of the assault upon the crew of the _Baltimore_, is +strongly corroborative of the testimony of our own sailors when he says +that he saw Chilean sentries drive back a seaman seeking shelter upon +a mob that was pursuing him. The officers and men of Captain Jenkins's +ship furnish the most conclusive testimony as to the indignities which +were practiced toward Americans in Valparaiso. When American sailors, +even of merchant ships, can only secure their safety by denying their +nationality, it must be time to readjust our relations with a government +that permits such demonstrations. + +As to the participation of the police, the evidence of our sailors shows +that our men were struck and beaten by police officers before and after +arrest, and that one at least was dragged with a lasso about his neck by +a mounted policeman. That the death of Riggin was the result of a rifle +shot fired by a policeman or soldier on duty is shown directly by the +testimony of Johnson, in whose arms he was at the time, and by the +evidence of Charles Langen, an American sailor, not then a member of +the _Baltimore's_ crew, who stood close by and saw the transaction. The +Chilean authorities do not pretend to fix the responsibility of this +shot upon any particular person, but avow their inability to ascertain +who fired it further than that it was fired from a crowd. The character +of the wound as described by one of the surgeons of the _Baltimore_ +clearly supports his opinion that it was made by a rifle ball, the +orifice of exit being as much as an inch or an inch and a quarter in +width. When shot the poor fellow was unconscious and in the arms of a +comrade, who was endeavoring to carry him to a neighboring drug store +for treatment. The story of the police that in coming up the street they +passed these men and left them behind them is inconsistent with their +own statement as to the direction of their approach and with their duty +to protect them, and is clearly disproved. In fact Riggin was not behind +but in front of the advancing force, and was not standing in the crowd, +but was unconscious and supported in the arms of Johnson when he was +shot. + +The communications of the Chilean Government in relation to this +cruel and disastrous attack upon our men, as will appear from the +correspondence, have not in any degree taken the form of a manly and +satisfactory expression of regret, much less of apology. The event was +of so serious a character that if the injuries suffered by our men had +been wholly the result of an accident in a Chilean port the incident was +grave enough to have called for some public expression of sympathy and +regret from the local authorities. It is not enough to say that the +affair was lamentable, for humanity would require that expression even +if the beating and killing of our men had been justifiable. It is not +enough to say that the incident is regretted, coupled with the statement +that the affair was not of an unusual character in ports where foreign +sailors are accustomed to meet. It is not for a generous and sincere +government to seek for words of small or equivocal meaning in which +to convey to a friendly power an apology for an offense so atrocious +as this. In the case of the assault by a mob in New Orleans upon the +Spanish consulate in 1851, Mr. Webster wrote to the Spanish minister, +Mr. Calderon, that the acts complained of were "a disgraceful and +flagrant breach of duty and propriety," and that his Government "regrets +them as deeply as Minister Calderon or his Government could possibly +do;" that "these acts have caused the President great pain, and he +thinks a proper acknowledgment is due to Her Majesty's Government." +He invited the Spanish consul to return to his post, guaranteeing +protection, and offered to salute the Spanish flag if the consul should +come in a Spanish vessel. Such a treatment by the Government of Chile of +this assault would have been more creditable to the Chilean authorities, +and much less can hardly be satisfactory to a government that values its +dignity and honor. + +In our note of October 23 last, which appears in the correspondence, +after receiving the report of the board of officers appointed by Captain +Schley to investigate the affair, the Chilean Government was advised of +the aspect which it then assumed and called upon for any facts in its +possession that might tend to modify the unfavorable impressions which +our report had created. It is very clear from the correspondence that +before the receipt of this note the examination was regarded by the +police authorities as practically closed. It was, however, reopened and +protracted through a period of nearly three months. We might justly have +complained of this unreasonable delay; but in view of the fact that the +Government of Chile was still provisional, and with a disposition to be +forbearing and hopeful of a friendly termination, I have awaited the +report, which has but recently been made. + +On the 21st instant I caused to be communicated to the Government of +Chile by the American minister at Santiago the conclusions of this +Government after a full consideration of all the evidence and of every +suggestion affecting this matter, and to these conclusions I adhere. +They were stated as follows: + + First. That the assault is not relieved of the aspect which the early + information of the event gave to it, viz, that of an attack upon the + uniform of the United States Navy having its origin and motive in a + feeling of hostility to this Government, and not in any act of the + sailors or of any of them. + + Second. That the public authorities of Valparaiso flagrantly failed in + their duty to protect our men, and that some of the police and of the + Chilean soldiers and sailors were themselves guilty of unprovoked + assaults upon our sailors before and after arrest. He [the President] + thinks the preponderance of the evidence and the inherent probabilities + lead to the conclusion that Riggin was killed by the police or soldiers. + + Third. That he [the President] is therefore compelled to bring the case + back to the position taken by this Government in the note of Mr. Wharton + of October 23 last * * * and to ask for a suitable apology and for some + adequate reparation for the injury done to this Government. + + +In the same note the attention of the Chilean Government was called to +the offensive character of a note addressed by Mr. Matta, its minister +of foreign affairs, to Mr. Montt, its minister at this capital, on the +11th ultimo. This dispatch was not officially communicated to this +Government, but as Mr. Montt was directed to translate it and to give +it to the press of the country it seemed to me that it could not pass +without official notice. It was not only undiplomatic, but grossly +insulting to our naval officers and to the executive department, as it +directly imputed untruth and insincerity to the reports of the naval +officers and to the official communications made by the executive +department to Congress. It will be observed that I have notified the +Chilean Government that unless this note is at once withdrawn and an +apology as public as the offense made I will terminate diplomatic +relations. + +The request for the recall of Mr. Egan upon the ground that he was not +_persona grata_ was unaccompanied by any suggestion that could properly +be used in support of it, and I infer that the request is based upon +official acts of Mr. Egan which have received the approval of this +Government. But however that may be, I could not consent to consider +such a question until it had first been settled whether our +correspondence with Chile could be conducted upon a basis of mutual +respect. + +In submitting these papers to Congress for that grave and patriotic +consideration which the questions involved demand I desire to say that +I am of the opinion that the demands made of Chile by this Government +should be adhered to and enforced. If the dignity as well as the +prestige and influence of the United States are not to be wholly +sacrificed, we must protect those who in foreign ports display the flag +or wear the colors of this Government against insult, brutality, and +death inflicted in resentment of the acts of their Government and not +for any fault of their own. It has been my desire in every way to +cultivate friendly and intimate relations with all the Governments of +this hemisphere. We do not covet their territory. We desire their peace +and prosperity. We look for no advantage in our relations with them +except the increased exchanges of commerce upon a basis of mutual +benefit. We regret every civil contest that disturbs their peace and +paralyzes their development, and are always ready to give our good +offices for the restoration of peace. It must, however, be understood +that this Government, while exercising the utmost forbearance toward +weaker powers, will extend its strong and adequate projection to its +citizens, to its officers, and to its humblest sailor when made the +victims of wantonness and cruelty in resentment not of their personal +misconduct, but of the official acts of their Government. + +Upon information received that Patrick Shields, an Irishman and probably +a British subject, but at the time a fireman of the American steamer +_Keweenaw_, in the harbor of Valparaiso for repairs, had been subjected +to personal injuries in that city, largely by the police, I directed the +Attorney-General to cause the evidence of the officers and crew of that +vessel to be taken upon its arrival in San Francisco, and that testimony +is also herewith transmitted. The brutality and even savagery of the +treatment of this poor man by the Chilean police would be incredible if +the evidence of Shields was not supported by other direct testimony and +by the distressing condition of the man himself when he was finally able +to reach his vessel. The captain of the vessel says: + + He came back a wreck, black from his neck to his hips from beating, + weak and stupid, and is still in a kind of paralyzed condition, and has + never been able to do duty since. + + +A claim for reparation has been made in behalf of this man, for while he +was not a citizen of the United States, the doctrine long held by us, as +expressed in the consular regulations, is: + + The principles which are maintained by this Government in regard to + the protection, as distinguished from the relief, of seamen are well + settled. It is held that the circumstance that the vessel is American + is evidence that the seamen on board are such, and in every regularly + documented merchant vessel the crew will find their protection in the + flag that covers them. + + +I have as yet received no reply to our note of the 21st instant, but in +my opinion I ought not to delay longer to bring these matters to the +attention of Congress for such action as may be deemed appropriate. + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _January 25, 1892_. + +_To the Senate and House of Representatives_: + +I transmit herewith, for the consideration of Congress, a communication +of the 23d instant from the Secretary of the Interior, submitting an +extract from the report of the commission appointed under the act of +January 12, 1891, entitled "An act for the relief of the Mission Indians +in the State of California," and other papers relating to the exchange +of lands with private individuals and the purchase of certain lands and +improvements for the use and benefit of the Mission Indians, with draft +of a bill to carry into effect the recommendations of said Mission +Commission. + +I have approved the report of the Mission Commission, except as much as +relates to the purchase of lands from and exchange of lands with private +individuals, which is also approved subject to the condition that +Congress shall authorize the same. + +The matter is presented with the recommendation for the early and +favorable action of Congress. + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _Washington, January 25, 1892_. + +_To the Senate of the United States_: + +Referring to a communication of June 11, 1890, concerning the adoption +by the Committee on Foreign Relations of a resolution respecting the +claim of William Webster against the Government of Great Britain, I +herewith transmit a report of the Secretary of State, with accompanying +documents, showing the action taken under that resolution. + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _Washington, January 25, 1892_. + +_To the Senate and House of Representatives_: + +I transmit herewith a report of the Secretary of State, with +accompaniments, in relation to the claim of the representatives of the +late Hon. James Crooks, a British subject, against the Government of the +United States for the seizure of the steamer _Lord Nelson_ in 1812. + +The favorable action of the Fiftieth and Fifty-first Congresses upon the +bills heretofore introduced for the relief of the claimants makes it +proper that I should recommend it anew for the consideration and final +disposition of the present Congress. + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _January 28, 1892_. + +_To the Senate and House of Representatives_: + +I transmit herewith additional correspondence between this Government +and the Government of Chile, consisting of a note of M. Montt, the +Chilean minister at this capital, to Mr. Blaine, dated January 23; a +reply of Mr. Blaine thereto of date January 27, and a dispatch from +Mr. Egan, our minister at Santiago, transmitting the response of +Mr. Pereira, the Chilean minister of foreign affairs, to the note of +Mr. Blaine of January 21, which was received by me on the 26th instant. +The note of Mr. Montt to Mr. Blaine, though dated January 23, was not +delivered at the State Department until after 12 o'clock m. of the 25th, +and was not translated and its receipt notified to me until late in the +afternoon of that day. + +The response of Mr. Pereira to our note of the 21st withdraws, with +acceptable expressions of regret, the offensive note of Mr. Matta of +the 11th ultimo, and also the request for the recall of Mr. Egan. +The treatment of the incident of the assault upon the sailors of the +_Baltimore_ is so conciliatory and friendly that I am of the opinion +that there is a good prospect that the differences growing out of +that serious affair can now be adjusted upon terms satisfactory to +this Government by the usual methods and without special powers from +Congress. This turn in the affair is very gratifying to me, as I am sure +it will be to the Congress and to our people. The general support of the +efforts of the Executive to enforce the just rights of the nation in +this matter has given an instructive and useful illustration of the +unity and patriotism of our people. + +Should it be necessary I will again communicate with Congress upon the +subject. + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _February 2, 1892_. + +_To the Senate of the United States_: + +In reply to a resolution of the Senate of the 27th ultimo, requesting +the President "to advise the Senate as to what action, if any, has been +taken ... to cause careful soundings to be made between San Francisco, +Cal., and Honolulu ... for the purpose of determining the practicability +of laying a telegraphic cable between those two points, or between any +point on the Pacific coast and the Kingdom of the Hawaiian Islands," +I inclose herewith a communication from the Secretary of the Navy, dated +January 30, 1892. + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _February 9, 1892_. + +_To the House of Representatives_: + +I transmit herewith, in answer to the resolution of the House of +Representatives of the 13th of January last, a report from the Secretary +of State and accompanying papers.[24] + +BENJ. HARRISON. + +[Footnote 24: Correspondence with Spain, Brazil, Salvador, and the +Dominican Republic relative to reciprocal trade relations; copies of +commercial arrangements entered into with those countries; list of +import and export duties imposed by Brazil, Salvador, and the Dominican +Republic, and by Spain with respect to Cuba and Puerto Rico.] + + + +EXECUTIVE MANSION, _February 10, 1892_. + +_To the Senate and House of Representatives_: + +I transmit herewith, as required by law, a communication of the 6th +instant from the Secretary of the Interior, with the report of the +Puyallup Indian Commission and accompanying papers. + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _February 16, 1892_. + +_To the Senate and House of Representatives_: + +There was passed by the last Congress "An act for the protection of the +lives of the miners in the Territories," which was approved by me on the +3d day of March, 1891. That no appropriation was made to enable me to +carry the act into effect resulted, I suppose, from the fact that it was +passed so late in the session. This law recognizes the necessity of a +responsible public inspection and supervision of the business of mining +in the interest of the miners, and is in line with the legislation of +most of the States. + +The work of the miner has its unavoidable incidents of discomfort and +danger, and these should not be increased by the neglect of the owners +to provide every practicable safety appliance. Economies which involve +a sacrifice of human life are intolerable. + +I transmit herewith memorials from several hundred miners working in the +coal mines in the Indian Territory, asking for the appointment of an +inspector under the act referred to. The recent frightful disaster at +Krebs, in that Territory, in which sixty-seven miners met a horrible +death, gives urgency to their appeal, and I recommend that a special +appropriation be at once made for the salaries and the necessary +expenses of the inspectors provided for in the law. + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _February 17, 1892_. + +_To the Senate and House of Representatives_: + +The Indian appropriation bill which was approved March 3, 1891, contains +the following provision: + + And the sum of $2,991,450 be, and the same is hereby, appropriated, + out of any money in the Treasury not otherwise appropriated, to pay + the Choctaw and Chickasaw nations of Indians for all the right, title, + interest, and claim which said nations of Indians may have in and to + certain lands now occupied by the Cheyenne and Arapahoe Indians under + Executive order, said lands lying south of the Canadian River, and now + occupied by the said Cheyenne and Arapahoe Indians; said lands have + been ceded in trust by article 3 of the treaty between the United + States and said Choctaw and Chickasaw nations of Indians which was + concluded April 28, 1866, and proclaimed on the 10th day of August of + the same year, and whereof there remains, after deducting allotments as + provided by said agreement, a residue ascertained by survey to contain + 2,393,160 acres; three-fourths of this appropriation to be paid to such + person or persons as are or shall be duly authorized by the laws of + said Choctaw Nation to receive the same, at such time and in such sums + as directed and required by the legislative authority of said Choctaw + Nation, and one-fourth of this appropriation to be paid to such person + or persons as are or shall be duly authorized by the laws of said + Chickasaw Nation to receive the same, at such times and in such sums as + directed and required by the legislative authority of said Chickasaw + Nation; this appropriation to be immediately available and to become + operative upon the execution by the duly appointed delegates of said + respective nations specially authorized thereto by law of releases and + conveyances to the United States of all the right, title, interest, and + claim of said respective nations of Indians in and to said land (not + including Greer County, which is now in dispute), in manner and form + satisfactory to the President of the United States; and said releases + and conveyances, when fully executed and delivered, shall operate to + extinguish all claim of every kind and character of said Choctaw and + Chickasaw nations of Indians in and to the tract of country to which + said releases and conveyances shall apply. + + +If this section had been submitted to me as a separate measure, +especially during the closing hours of the session, I should have +disapproved it; but as the Congress was then in its last hours a +disapproval of the general Indian appropriation bill, of which it was a +part, would have resulted in consequences so far-reaching and disastrous +that I felt it my duty to approve the bill. But as a duty was devolved +upon me by the section quoted, viz, the acceptance and approval of the +conveyances provided for, I have felt bound to look into the whole +matter, and in view of the facts which I shall presently mention to +postpone any Executive action until these facts could be submitted to +Congress. Very soon after the passage of the law it came to my knowledge +that the Choctaw Legislature had entered into an agreement with three +citizens of that tribe to pay to them as compensation for procuring this +legislation 25 per cent of any appropriation that might be made by +Congress. The amount to be secured by these three agents under this +agreement out of the three-fourths interest in the appropriation of the +Choctaw Nation is $560,896. I have information that a contract was made +by the Chickasaws to pay about 10 per cent of their one-fourth interest +to the agents and attorneys who represented them. + +Within a month after the passage of the law R.J. Ward, one of the +agents, who was to divide with his associates the enormous sum to be +paid by the Choctaws, presented to me an affidavit dated April 4, 1891, +which is herewith submitted. It appears from his statement that the +action of the Choctaw Council in this matter was corruptly influenced +by the execution of certain notes signed by Ward for himself and his +associates in sums varying from $2,500 to $15,000. His associates deny +any knowledge of this, but the giving and existence of these notes is +not refuted. The statement of the two associates of Ward denying any +knowledge or participation in this fraud is also submitted, together +with other papers relating to the matter. Whatever may be the fact as to +the use or nonuse of corrupt methods to secure this legislation from the +Choctaw Council, I do not think the Congress of the United States should +so legislate upon this matter as to give effect to such a contract, +which I am sure must have been unnoticed when the measure was pending. +If the relations of these Indians to the United States are those of a +ward, Congress should protect them from such extortionate exactions. +We can not assume that the expenses and services of a committee of three +persons to represent this claim before Congress should justly assume +such proportions. The making of such a contract seems to convey +implications which I am sure are wholly unjust. + +After the passage of the appropriation bill legislation was had by the +Choctaw Nation looking to the completion of the contract made with their +delegates as to the payment of this money; but subsequently, when it +was supposed that this extraordinary arrangement might require me to +bring the matter to the attention of Congress, an act was passed by +the Choctaw General Council, approved October 19, 1891, declaring all +contracts made by the Choctaw delegates with any attorneys in connection +with this appropriation void and of no effect. A copy of this law will +be found with the papers submitted. There has also been submitted to me +an unofficial copy of the opinion of the attorney-general of the Choctaw +Nation holding that this last legislation is unconstitutional and void. +I am of the opinion that if this appropriation is to stand provision +should be made for protecting these tribes against extortionate claims +for compensation in procuring action by Congress. Copies of the several +laws passed by the Choctaw Nation with reference to this matter will +be found in the accompanying papers. It will be noticed that the +distribution proposed is limited to Choctaws by blood, excluding the +freedmen and the white men who have been given full citizenship from any +participation. A protest against this method of distribution has been +filed by a white citizen of the tribe, and also a representation by Hon. +Thomas C. Fletcher, their attorney, on behalf of the freedmen. In view +of the fact that the stipulations of the treaty of 1866 in behalf of +the freedmen of these tribes have not, especially in the case of the +Chickasaws, been complied with, it would seem that the United States +should in a distribution of this money have made suitable provision +in their behalf. The Chickasaws have steadfastly refused to admit the +freedmen to citizenship, as they stipulated to do in the treaty referred +to, and their condition in that tribe and in a lesser degree in the +other strongly calls for the protective intervention of Congress. + +After a somewhat careful examination of the question I do not believe +that the lands for which this money is to be paid were, to quote the +language of section 15 of the Indian appropriation bill, already set +out, "ceded in trust by article 3 of the treaty between the United +States and said Choctaw and Chickasaw nations of Indians which was +concluded April 28, 1866," etc. It is agreed that that treaty contained +no express limitation upon the uses to which the United States might put +the territory known as the leased district. The lands were ceded by +terms sufficiently comprehensive to have passed the full title of the +Indians. The limitation upon the use to which the Government might put +them is sought to be found in a provision of the treaty by which the +United States undertook to exclude white settlers and in the expressions +found in the treaties made at the same time with the Creeks and other +tribes of the purpose of the United States to use the lands ceded by +those tribes for the settlement of friendly Indians. + +The stipulation as to the exclusion of white settlers might well have +reference solely to the national lands retained by the Choctaw and +Chickasaw tribes, and the reason for the nonincorporation in the treaty +with them of a statement of the purpose of the Government in connection +with the use of the lands is well accounted for by the fact that as +to these lands the Government had already, under the treaty of 1855, +secured the right to use them perpetually for the settlement of friendly +Indians. This was not true as to the lands of the other tribes referred +to. The United States paid to the Choctaws and Chickasaws $300,000, and +the failure to insert the words that are called words of limitation +in this treaty points, I think, clearly to the conclusion that the +commissioners on the part of the Government and the Indians themselves +must have understood that this Government was acquiring something +more than a mere right to settle friendly Indians, which it already +possessed, and something more than the mere release of the right which +the Choctaws and Chickasaws had under the treaty of 1855 to select +locations on these lands if they chose. + +Undoubtedly it was the policy of this Government for the time to +hold these and the adjacent lands as Indian country, and many of the +expressions in the proclamations of my predecessors and in the reports +of the Indian Bureau and of the Secretary of the Interior mean this and +nothing more. This is quite different from a conditional title, which +limits the grant to a particular use and works a reinvestment of full +title in the Indian grantors when that use ceases. But those who hold +most strictly that a use for Indian purposes, where it is expressed, +is a limitation of title seem to agree that the United States might +pass a fee absolute to other Indian tribes in the lands ceded for their +occupancy. Certainly it was not intended that in settling friendly +Indians upon these lands the Government was to be restrained in its +policy of allotment and individual ownership. If for an adequate +consideration, by treaty, the United States placed upon these lands +other Indian tribes, it was competent to give them patents in fee for +a certain and agreed reservation. This being so, when the policy of +allotment is put into force the compensation for the unused lands should +certainly go to the occupying tribe, which in the case supposed had paid +a full consideration for the whole reservation. + +It will hardly be contended that in such case this Government should +pay twice for the lands. In the appropriation under discussion this +principle is in part recognized, for no claim is made by the Choctaws +and Chickasaws for the lands allotted to the Cheyennes and Arapahoes. +The claim is for unallotted or surplus lands. The case of the Cheyennes +and Arapahoes is this: In consideration of other lands the Government +gave them a treaty reservation in the Cherokee Outlet, but never +perfected it by paying the Cherokees the stipulated price and placing +these Indians upon it. The Cheyennes and Arapahoes declined to go upon +the strip and located themselves farther south, where they now are. The +Government subsequently recognized their right to remain there, and set +apart the lands now being allotted to members of that tribe and the +lands for which payment is now claimed by the Choctaws and Chickasaws as +the Cheyenne and Arapahoe Reservation. I think the United States must be +held to have assented to the substitution of these lands for the treaty +lands in the Cherokee Strip, and that being true, when the reservation +is broken up, as now, by allotments, it would seem that the Cheyennes +and Arapahoes were entitled to be compensated for these surplus lands. +In fact, a commission which has been dealing with the tribes in the +Indian Territory has concluded an arrangement with them by which the +Government pays $1,500,000 for these surplus lands and for the release +of any claim to the Cherokee Strip, so that in fact in this agreement +with the Cheyennes and Arapahoes the Government has paid for the lands +for which payment is now claimed by the Choctaws and Chickasaws. + +It should not be forgotten also that the allotment to the Cheyennes and +Arapahoes is still incomplete. The method of calculation which resulted +in stating the claim of the Choctaws and Chickasaws at $2,991,450 is +explained by a letter of Mr. J.S. Standley, one of the Choctaw +delegates, dated April 6, 1891. The agent for the Cheyennes and +Arapahoes wrote Mr. Standley that there were 600 Indians residing upon +the lands south of the Canadian River, and who it was supposed would +take allotments there, and upon this statement the legislation was +based. Now it must be borne in mind that the Cheyennes and Arapahoes +have the right to locate anywhere within their reservation, and that +instead of 600 double that number might have taken their allotments +south of the Canadian River upon these lands. This is not probable, but +a later report indicates that the number will certainly be in excess of +600. If the sum to be paid to the Choctaws and Chickasaws depended +upon a knowledge of the number of acres of unallotted land south of +the Canadian River, it would seem to have been reasonable that the +appropriation should have been delayed until the exact number of acres +taken for allotment had been officially ascertained. This has not yet +been done. + +It is right also, I think, that Congress in dealing with this matter +should have the whole question before it, for the declaration of Indian +title contained in this item of appropriation extends to a very large +body of land and will involve very large future appropriations. The +Choctaw and Chickasaw leased district, embracing the lands in the Indian +Territory between the ninety-eighth and one hundredth degrees of west +longitude and extending north and south from the main Canadian River to +the Red River, including Greer County, contains, according to the public +surveys, 7,713,239 acres, or, excluding Greer County, 6,201,663 acres. +This leased district is occupied as follows: + +Greer County, by white citizens of Texas, 1,511,576 acres. The United +States is now prosecuting a case in the courts to obtain a judicial +declaration that this county is part of the Indian country. If a +decision should be rendered in its favor, the claim of the Choctaws +and Chickasaws to be paid for these lands at the rate named in this +appropriation would at once be presented. + +The Wichita Reservation is also upon the leased lands and is occupied +by the Wichitas, Caddoes, Delawares, and remnants of other tribes by +Department orders, made to depend upon the treaty with the Delawares in +1866 and some other unratified agreements with tribes or fragments of +tribes in 1872. This reservation contains 743,610 acres. + +The Kiowa, Comanche, and Apache Reservation is occupied by those Indians +under a treaty proclaimed August 25, 1868, which provides that said +district of country "shall be, and the same is hereby, set apart for the +absolute and undisturbed use and occupation of the tribes herein named, +and for such friendly tribes or individual Indians as from time to time +they may be willing (with the consent of the United States) to admit +among them." This reservation contains 2,968,893 acres. + +The Cheyennes and Arapahoes, whose surplus lands are to be paid for by +this appropriation, have occupied the country between the Washita and +Canadian rivers, extending west to the one hundredth degree of +longitude. This reservation contains 2,489,160 acres. + +I have stated these facts in order that it may be seen what further +appropriations are involved in a settlement for all these lands upon the +basis which Congress has adopted. It does not seem to me to be a wise +policy to deal with this question piecemeal. It would have been better, +if a remnant of title remains in the Choctaws and Chickasaws to the +lands in the leased district, to have settled the whole matter at once. +Under the treaty of 1855 the Choctaws and Chickasaws quitclaimed any +supposed interest of theirs in the lands west of the one hundredth +degree. The boundary between the Louisiana purchase and the Spanish +possessions by our treaty of 1819 with Spain was as to these lands fixed +upon the one hundredth degree of west longitude. + +Our treaty with the Choctaws and Chickasaws made in 1820 extended their +grant to the limit of our possessions. It followed, of course, that +these lands were included within the boundaries of the State of Texas +when that State was admitted to the Union, and the release of the +Choctaws and Chickasaws, whatever it was worth, operated for the benefit +of the State of Texas and not of the United States. The lands became +public lands of that State. For the release of this claim and for the +lease of the lands west of the ninety-eighth degree the Government of +the United States paid the sum of $800,000. In the calculations which +have been made to arrive at the basis of the appropriation under +discussion no part of this sum is treated as having been paid for the +lease. I do not think that is just to the United States. It seems +probable that a very considerable part of this consideration must have +related to the leased lands, because these were the lands in which the +Indian title was recognized, and the treaty gave to the United States a +permanent right of occupation by friendly Indians. The sum of $300,000, +paid under the treaty of 1866, is deducted, as I understand, in arriving +at the sum appropriated. It seems to me that a considerable proportion +of the sum of $800,000 previously paid should have been deducted in the +same manner. + +I have felt it to be my duty to bring these matters to the attention of +Congress for such action as may be thought advisable. + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _February 24, 1892_. + +_To the Senate and House of Representatives_: + +I transmit herewith, for the information of Congress, the annual report +of the World's Columbian Commission; a supplementary report of the +same commission, submitted February 16, 1892; the report of the board +appointed by me under section 16 of the act of April 25, 1890, to have +charge of the exhibit to be made by the Executive Departments, the +Smithsonian Institution, the Fish Commission, and the National Museum; +and the report of the board of lady managers, provided for by section +6 of the act referred to. + +The information furnished by these reports as to the progress of the +work is not only satisfactory, but highly gratifying. The plan and scope +adopted and the site and buildings selected and now being erected are +fully commensurate with the national and international character of the +enterprise contemplated by the legislation of Congress. The Illinois +corporation has fully complied with the condition of the law that +$10,000,000 should be provided, and the Government commission reports +that "the grounds and buildings will be the most extensive, adequate, +and ornate ever devoted to such purposes." It seems, however, that from +five to eight millions of dollars more will, in the opinion of the +local board and the national commission, be necessary to prepare the +exposition for a complete and successful inauguration. It will be +noticed from the reports that it was first proposed by the local +commission to ask of Congress a loan of $5,000,000, to be repaid from +receipts, and that the national commission approved this suggestion. +Subsequently the Illinois exposition corporation reconsidered its action +and determined to ask a subscription of $5,000,000. + +The supplementary report of the national commission seems to approve +this amended proposition. I have not myself that detailed information as +to the financial necessities of the enterprise which would enable me to +form an independent judgment of the additional amount necessary, and am +not, therefore, prepared to make any specific recommendation to Congress +upon the subject. The committees of Congress having this matter in +charge will undoubtedly obtain full and accurate information before +final action. The exposition, notwithstanding the limitations which +the act contains, is an enterprise to which the United States is so +far committed that Congress ought not, I think, to withhold just and +reasonable further support if the local corporation consents to proper +conditions. + +Liberality on the part of the United States is due to the foreign +nations that have responded in a friendly way to the invitation of this +Government to participate in the exposition, and will, I am sure, meet +the approval of our people. The exposition will be one of the most +illustrious incidents in our civic history. + +I transmit also certain resolutions adopted by representatives of the +National Guard of the various States appointed by the governors to +attend a convention which was held in Chicago on the 27th of October, +1891, with a view to consider the subject of holding a military +encampment at Chicago during the exposition. + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _February 25, 1892_. + +_To the Senate and House of Representatives_: + +I transmit herewith copy of a memorial of the Wichitas, Caddoes, and +affiliated tribes of Indians in Oklahoma Territory in the matter of +their claim to the lands they occupy, for consideration in connection +with the agreement concluded by and between the Cherokee Commission and +said Indians, and also with my communication of the 17th instant,[25] +relative to the act to pay the Choctaw and Chickasaw Indians for certain +lands now occupied by the Cheyenne and Arapahoe Indians. + +BENJ. HARRISON. + +[Footnote 25: See pp. 229-234.] + + + +EXECUTIVE MANSION, _Washington, March 8, 1892_. + +_To the Senate_: + +I herewith transmit, with a view to its ratification, a convention +signed at Washington the 29th of February, 1892, between the Governments +of the United States and Her Britannic Majesty, submitting to +arbitration the questions which have arisen between those Governments +concerning the jurisdictional rights of the United States in the waters +of the Bering Sea, and concerning also the preservation of the fur seal +in and habitually resorting to the said sea and the rights of the +citizens and subjects of either country as regards the taking of fur +seal in or habitually resorting to the said waters. + +The correspondence not heretofore submitted to Congress in relation to +the Bering Sea matter is in course of preparation and will be +transmitted without delay. + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _March 9, 1892_. + +_To the Senate and House of Representatives_: + +I transmit herewith, for the consideration of Congress, a communication +of the 5th instant from the Secretary of the Interior, submitting the +agreement concluded by and between the commissioners for the United +States and the Cherokee Nation of Indians of the Indian Territory, for +the cession of certain lands and for other purposes. + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _Washington, March 18, 1892_. + +_To the Senate_: + +I herewith transmit, in answer to the resolution of the Senate of the 3d +ultimo, a report from the Acting Secretary of State of the 17th instant, +transmitting information relative to and his opinion as to the purchase +of the unpublished correspondence and manuscripts of President James +Monroe. + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _March 24, 1892_. + +_To the Senate and House of Representatives_: + +I transmit herewith a communication from the Board of Commissioners of +the District of Columbia, accompanied by a letter from the chairman of +the executive committee organized by the citizens of Washington for the +reception and entertainment of the Twenty-sixth Annual Encampment of the +Grand Army of the Republic, which is to be held in Washington during +September next. An appeal is made for an appropriation by Congress of +$100,000, one-half to be paid out of the District revenues, to aid in +defraying the expenses attending this reception. + +The event is one of very high and, as I believe, of national interest, +and the attendance of the surviving Union soldiers will, I do not doubt, +be larger than at any annual encampment that has ever been held. +The public authorities of the cities or States, or both, in which +the encampments have been held have, I believe, usually appropriated +liberally to make the occasions worthy and the entertainment hospitable. +The parade of the survivors of our great armies upon Pennsylvania avenue +will bring vividly back to us those joyful and momentous days when the +great victorious armies of the East and of the West marched through the +streets of Washington in high parade and were received by our citizens +with joyful acclaim. It seems to me that it will be highly appropriate +for Congress suitably to aid in making this demonstration impressive and +in extending to those soldiers whose lives a beneficent Providence has +prolonged an opportunity to see in the security and peace, development +and prosperity, which now so happily pervade the national capital the +fruits of their sacrifice and valor. + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _April 1, 1892_. + +_To the Senate of the United States_: + +In compliance with a resolution of the 30th ultimo, the House of +Representatives concurring, I return herewith the bill (S. 1057) +entitled "An act to punish the unlawful appropriation of the use of +the property of another in the District of Columbia." + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _Washington, April 1, 1892_. + +_To the Senate_: + +I herewith transmit, in answer to the resolutions of the Senate of the +16th and 21st ultimo, a report from the Acting Secretary of State, with +accompanying statistics, showing the duties imposed by the Governments +of Venezuela and Colombia upon products of the United States imported +into these countries. + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _Washington, April 4, 1892_. + +_To the Senate_: + +I transmit, in reply to the resolution of the Senate passed in executive +session on March 14, 1892, a report from the Secretary of State, with +accompanying documents, in relation to the correspondence relating to +the nonacceptance of Hon. Henry W. Blair as minister of the United +States to the Government of China. + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _April 12, 1892_. + +_To the Senate_: + +I transmit, in reply to the resolution of the Senate under date +of December 15, 1891, a report from the Secretary of State, with +accompanying documents, in relation to the correspondence had with +regard to the impressment into its service and punishment by the +Government of Italy of Nicolino Mileo, a naturalized citizen of the +United States. + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _April 14, 1892_. + +_To the Senate_: + +I herewith transmit, in response to the resolution passed in the Senate +on the 10th of March, 1892, a report of the Secretary of State and the +accompanying correspondence, had in relation to the claim of the +Venezuela Steam Transportation Company for the said company's relief. + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _April 26, 1892_. + +_To the Senate_: + +I have received the resolution of the Senate of April 23, requesting +that, if not incompatible with the public interest, I inform the Senate +what steps have been taken toward the securing of an international +conference to consider the question of the free coinage of silver at +the mints of the nations participating in such conference, or as to the +enlarged use of silver in the currency system of said countries, and +that I transmit to the Senate any correspondence between the United +States and other governments upon the subject, and in response thereto +beg respectfully to inform the Senate that in my opinion it would not +be compatible with the public interest to lay before the Senate at this +time the information requested, but that at the earliest moment after +definite information can properly be given all the facts and any +correspondence that may take place will be submitted to Congress. + +It may not be inappropriate, however, to say here that, believing that +the full use of silver as a coined metal upon an agreed ratio by the +great commercial nations of the world would very highly promote the +prosperity of all their people, I have not and will not let any +favorable opportunity pass for the promotion of that most desirable +result, or, if free international silver coinage is not presently +attainable, then to secure the largest practicable use of that metal. + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _May 11, 1892_. + +_To the House of Representatives_: + +In compliance with the resolution of the House of Representatives, the +Senate concurring, I return herewith the bill (H.R. 3927) entitled +"An act to amend 'An act to provide for the performance of the duties +of the office of President in case of the removal, death, resignation, +or inability both of the President and Vice-President,' approved +January 19, 1886." + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _May 11, 1892_. + +_To the Senate and House of Representatives_: + +I transmit herewith the seventh annual report of the Commissioner of +Labor, which report relates to the cost of producing textiles and glass +in the United States and in Europe. It also comprehends the wages and +the cost of living of persons employed in the textile and glass +industries. + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _May 25, 1892_. + +_To the Senate and House of Representatives_: + +I transmit herewith a communication of the Secretary of War, dated May +24, from which and from the accompanying papers it appears that the late +General George W. Cullum, of the United States Army, has by will devised +$250,000 to the Government of the United States for the erection of a +memorial hall upon the grounds of the Military Academy at West Point, to +be used as a "receptacle of statues, busts, mural tablets, and portraits +of distinguished deceased officers and graduates of the Military +Academy, of paintings of battle scenes, trophies of war, and such other +objects as may tend to give elevation to the military profession." + +This ample and patriotic gift is hampered by no conditions and involves +no appropriation beyond the sum so generously donated. + +The executors in order to facilitate action have prepared, and the same +is herewith submitted, the outline of a bill to carry into effect the +provisions of General Cullum's will. + +There can be no occasion to urge upon Congress the immediate enactment +of a suitable law to carry into effect the patriotic purpose expressed +in the will. + +I suggest that in the bill itself, or by a separate joint resolution, +suitable expression be given of the public appreciation of this crowning +service to the military profession and to his country rendered by +General Cullum. + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _May 25, 1892_. + +_To the Senate and House of Representatives_: + +In accordance with the provisions of section 4119 of the Revised +Statutes of the United States, I lay before you for revision a copy of +the regulations for the consular courts of the United States in Korea, +as decreed by the minister of this Government at Seoul March 31, 1892. I +also transmit an accompanying report by the Acting Secretary of State. + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _June 20, 1892_. + +_To the Senate of the United States_: + +The following resolution was passed by the Senate on the 24th day of +February last: + + _Resolved_, That the President be requested, if in his opinion not + incompatible with the public interests, to inform the Senate of the + proceedings recently had with the representatives of the Dominion of + Canada and of the British Government as to arrangements for reciprocal + trade between Canada and the United States. + + +In response thereto I now submit the following information: + +On the 15th day of April last the Secretary of State submitted to me a +report, which is herewith transmitted. Shortly after the report came +into my possession I was advised by the Secretary that the British +minister at this capital had informed him that the Canadian government +desired a further conference on the subject of the discriminating canal +tolls of which this country had complained. This information was +accompanied by the suggestion that a response to the resolution of the +Senate might properly be delayed until this further conference was held. + +On the 3d instant the British minister, in connection with Hon. +MacKenzie Bowell and Hon. George E. Foster, members of the Canadian +ministry, were received by the Secretary of State and a further +conference took place. In both of the conferences referred to Hon. John +W. Foster, at the request of the Secretary of State, appeared with him +on behalf of this Government; and the report of the latter conference +was submitted to me on the 6th instant by Mr. Foster, and is herewith +transmitted. The result of the conference as to the practicability of +arranging a reciprocity treaty with the Dominion of Canada is clearly +stated in the letter of Mr. Blaine, and was anticipated, I think, by him +and by every other thoughtful American who had considered the subject. +A reciprocity treaty limited to the exchange of natural products would +have been such only in form. The benefits of such a treaty would have +inured almost wholly to Canada. Previous experiments on this line had +been unsatisfactory to this Government. A treaty that should be +reciprocal in fact and of mutual advantages must necessarily have +embraced an important list of manufactured articles and have secured to +the United States a free or favored introduction of these articles into +Canada as against the world; but it was not believed that the Canadian +ministry was ready to propose or assent to such an arrangement. The +conclusion of the Canadian commissioners is stated in the report of +Mr. Blaine as follows: + + In the second place, it seemed to be impossible for the Canadian + government, in view of its present political relations and obligations, + to extend to American goods a preferential treatment over those of + other countries. As Canada was a part of the British Empire, they did + not consider it competent for the Dominion government to enter into + any commercial arrangement with the United States from the benefits of + which Great Britain and its colonies should be excluded. + + +It is not for this Government to argue against this announcement of +Canadian official opinion. It must be accepted, however, I think, as +the statement of a condition which places an insuperable barrier in +the way of the attainment of that large and beneficial intercourse and +reciprocal trade which might otherwise be developed between the United +States and the Dominion. + +It will be noticed that Mr. Blaine reports as one of the results of the +conference "an informal engagement to repeal and abandon the drawback +of 18 cents a ton given to wheat (grain) that is carried through to +Montreal and shipped therefrom to Europe. By the American railways +running from Ogdensburg and Oswego and other American ports the shippers +paid the full 20 cents a ton, while in effect those by the way of +Montreal pay only 2 cents. It was understood that the Canadian +commissioners, who were all three members of the cabinet, would see to +the withdrawal of this discrimination." + +From the report of the recent conference by Mr. Foster it will be +seen that the Canadian commissioners declare that this statement does +not conform to their understanding, and that the only assurance they +had intended to give was that the complaint of the Government of the +United States should be taken into consideration by the Canadian +ministry on their return to Ottawa. Mr. Foster, who was present at the +first conference, confirms the statements of Mr. Blaine. While this +misunderstanding is unfortunate, the more serious phase of the situation +is that instead of rescinding the discriminating canal tolls of which +this Government complains the Canadian ministry, after the return of +the commissioners from their visit to Washington, on April 4, reissued, +without any communication with this Government, the order continuing +the discrimination, by which a rebate of 18 cents a ton is allowed upon +grain going to Montreal, but not to American ports, and refusing this +rebate even to grain going to Montreal if transshipped at an American +port. + +The report of Mr. Partridge, the Solicitor of the Department of State, +which accompanies the letter of the Secretary of State, states these +discriminations very clearly. That these orders as to canal tolls and +rebates are in direct violation of Article XXVII of the treaty of +1871 seems to be clear. It is wholly evasive to say that there is no +discrimination between Canadian and American vessels; that the rebate +is allowed to both without favor upon grain carried through to Montreal +or transshipped at a Canadian port to Montreal. The treaty runs: + + To secure to the citizens of the United States the use of the Welland, + St. Lawrence, and other canals in the Dominion on terms of equality + with the inhabitants of the Dominion. + + +It was intended to give to consumers in the United States, to our people +engaged in railroad transportation, and to those exporting from our +ports equal terms in passing their merchandise through these canals. +This absolute equality of treatment was the consideration for +concessions on the part of this Government made in the same article of +the treaty, and which have been faithfully kept. + +It is a matter of regret that the Canadian government has not responded +promptly to our request for the removal of these discriminating tolls. + +The papers submitted show how serious the loss inflicted is upon our +lake vessels and upon some of our lake ports. In view of the fact that +the Canadian commissioners still contest with us the claim that these +tolls are discriminating and insist that they constitute no violation +of the letter or spirit of Article XXVII of the treaty, it would seem +appropriate that Congress, if the view held by the Executive is +approved, should with deliberation and yet with promptness take such +steps as may be necessary to secure the just rights of our citizens. + +In view of the delays which have already taken place in transmitting +this correspondence to Congress, I have not felt justified in awaiting +the further communication from the government of Canada which was +suggested in the recent conference. + +Should any proposition relating to this matter be received it will +be immediately submitted for the consideration of the Senate, and if +forwarded within the time suggested will undoubtedly anticipate any +final action by Congress. + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _June 20, 1802_. + +_To the Senate_: + +In response to the resolution of the Senate dated March 14, 1892, +requesting that certain specified correspondence in regard to the claim +of Antonio Maximo Mora against the Government of Spain be communicated +to it; if not incompatible with the public interests, I transmit +herewith the report of the Acting Secretary of State on the matter. + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _June 27, 1892_. + +_To the Senate_: + +In response to the resolution of the Senate dated April 6, 1892, +directing the Secretary of State to send to the Senate, if not +incompatible with the public interests, copies of all commercial +agreements made with other countries, and also to report what steps have +been taken to negotiate a reciprocal commercial treaty with Mexico, +I submit herewith the reply of the Acting Secretary of State to that +resolution. + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _July 1, 1892_. + +_To the Senate_: + +For the information of the Senate and in further response to the +resolution of the Senate of February 24 last, I transmit herewith +a communication of the 24th ultimo from Mr. Herbert, the acting +representative of the British Government at this capital, addressed to +Mr. Wharton, Acting Secretary of State, upon the subject of Canadian +canal tolls; also a memorandum prepared and submitted to me by Mr. Adee, +Second Assistant Secretary of State, reviewing the communication of Mr. +Herbert, and a letter of the 28th ultimo from Mr. John W. Foster, who, +as I have previously stated, with Mr. Blaine represented this Government +in the conferences with the Canadian commissioners. + +The position taken by this Government, as expressed in my previous +communication to the Senate, that the canal tolls and regulations of +which complaint has been made are in violation of our treaty with Great +Britain, is not shaken, but rather confirmed. + +There can be no doubt that a serious discrimination against our +citizens and our commerce exists, and quite as little doubt that this +discrimination is not the incident but the purpose of the Canadian +regulation. + +It has not seemed to me that this was a case in which we could yield to +the suggestion of further concessions on the part of the United States +with a view to securing treaty rights for which a consideration has +already been given. + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _July 21, 1892_. + +_To the Senate and House of Representatives_: + +I herewith transmit, for the information of Congress, a communication +from the Secretary of State, forwarding certain bulletins of the +American Republics. + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _Washington, July 23, 1892_. + +_To the Senate of the United States_: + +I transmit, in reply to the resolution of the Senate passed in +executive session on the 21st instant and addressed to the Secretary of +State, a report of that officer, with accompanying documents, in further +relation to the nonacceptance of the Hon. Henry W. Blair as minister of +the United States to the Government of China, which question was the +occasion of my recent message to the Senate of the 4th of April +last.[26] + +BENJ. HARRISON. + +[Footnote 26: See p. 238.] + + + +EXECUTIVE MANSION, _July 25, 1892_. + +_To the Senate_: + +I herewith transmit, in reply to the resolution of the Senate of June 6, +1892, a report from the Secretary of State, with its accompanying +papers, in relation to guano deposits on Areas Cays or Islands. + +BENJ. HARRISON. + + + +WASHINGTON, D.C., _July 27, 1892_. + +_To the Senate and House of Representatives_: + +I transmit herewith, with its accompaniments, a report from the +Secretary of the Navy of the Results of the survey made pursuant to +the act of March 2, 1891, "to enable the President to cause careful +soundings to be made between San Francisco, Cal., and Honolulu, in the +Kingdom of the Hawaiian Islands, for the purpose of determining the +practicability of the laying of a telegraphic cable between those +points." + +BENJ. HARRISON. + + + + +VETO MESSAGES. + + +EXECUTIVE MANSION, _July 19, 1892_. + +_To the Senate_: + +I return herewith without my approval the bill (S. 2729) entitled +"An act to amend an act entitled 'An act to establish circuit courts of +appeals, and to define and regulate in certain cases the jurisdiction +of the courts of the United States, and for other purposes.'" + +The original act to which this amendment is proposed, constituting an +intermediate court of appeals, had for its object the relief of the +Supreme Court by limiting the cases which might be brought up for +hearing in that court. The first section of the bill under consideration +allows appeals in criminal cases where the sentence imposes no +imprisonment and the fine is as much as $1,000. The effect of this +provision will be to bring to the Supreme Court many cases that in my +opinion should be finally determined in the intermediate appellate +court, and so in part to defeat the general purpose of Congress in +constituting the intermediate court. But this objection would not alone +have sufficient weight in my mind to induce me to return the bill. +Section 3 of the bill is as follows: + + That no appeal shall hereafter be allowed from judgments of the Court + of Claims in cases under the act of March 3, 1891, entitled "An act to + provide for the adjudication and payment of claims arising from Indian + depredations," except where the adjudication involves the construction + or application of the Constitution or the validity or construction of + a treaty or the constitutionality of a law of the United States: + _Provided, however_, That upon such appeal it shall be competent for + the Supreme Court to require, by certiorari or otherwise, the whole + case to be certified for its review and determination upon the facts + as well as the law. + + +I am advised by the Attorney-General that under the Indian-depredations +act 8,000 cases, involving an aggregate of damages claimed of about +$30,000,000, have already been filed. A number of these cases involve as +much as $100,000 each, while a few involve as much as $500,000 each and +one something over $1,000,000. The damages which may be awarded in these +cases by the Court of Claims are to be paid out of the trust funds of +the Indians held by the United States, or, if there are no such funds, +out of the Treasury of the United States. The law referring these cases +to the Court of Claims has had no judicial interpretation, and many +novel and difficult questions are likely to arise. It is quite a +startling proposition, and a very novel one, I think, that there shall +be absolutely no opportunity for the review in an appellate court, +in cases involving such large amounts, of questions involving the +construction of the statute under which the court is proceeding, or +those various questions of law, many of them new, which necessarily +arise in such cases. + +Neither the claimants, the Indians, nor the Government of the United +States should be absolutely denied opportunity to bring their exceptions +to review by some appellate tribunal. I would not suggest that an appeal +should be allowed in all cases. Some limitation as to amount would be +reasonable, and perhaps some discretion might be lodged in the Supreme +Court as to granting appeals. The limitations, however, imposed by the +section I have quoted are so severe and unreasonable, in my judgment, +that I have felt compelled to return the bill to the Senate with a view +to its reconsideration. + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _July 29, 1892_. + +_To the Senate_: + +I return herewith without my approval the bill (S. 1958) entitled "An +act to submit to the Court of Private Land Claims, established by an act +of Congress approved March 3, 1891, the title of William McGarrahan to +the Rancho Panoche Grande, in the State of California, and for other +purposes." + +This bill came to me on the 20th instant, at a time when very many other +bills were submitted for my consideration, and it has not been possible +for me to make such an examination of the history of Mr. McGarrahan's +claim as would be necessary to form an intelligent judgment as to its +merits and just extent. It is quite possible that he has been wronged +and that he has a claim for some reparation from the Government. I can +not, however, think that this bill proceeds upon a just basis. It +provides that Mr. McGarrahan shall file his claim as the assignee of +Gomez in the Court of Private Land Claims for the lands described in the +title, and that if the court establishes the grant to Gomez it shall be +confirmed to McGarrahan. No evidence that he is the assignee of Gomez +is, I think, required by the bill, which assumes that fact instead of +submitting it to the court. If the claim is established, it is provided +in substance that all lands part of said grant which have been conveyed +by the Government or are in the occupancy of actual settlers, or "upon +which there are any smelting or reduction works, or the lands claimed +in connection with such reduction or smelting works," shall be excepted +from the patent which the Secretary of the Interior is directed to issue +to McGarrahan. By this provision the title of the New Idria Mining +Company, which has long contested with McGarrahan the title to a large +part of this property, is established and that company is relieved from +any responsibility to account for the profits made in mining. On the +other hand, the United States waives all benefit of judicial proceedings +which have resulted in its favor and gives Mr. McGarrahan an opportunity +_de novo_ to try all such questions; and the decision, if in his favor, +is not only to restore to him all the lands yet undisposed of, but the +United States assumes to pay him the value of the lands appropriated by +others and of their use for all these years and to account to him for +all profits that have been made by the New Idria Mining Company or +anyone else in quicksilver or other mining. + +This seems to me to be wholly inadmissible. The amount involved must be +enormously large, though at present incapable of any accurate estimate. +If the title of the New Idria Company has been established by final +decrees of court placing that title beyond question and that company +beyond any call to respond for use and profits, why should the +Government of the United States, waiving in its behalf these decrees, +which would protect it also, assume a responsibility to account for the +value of the lands and for their use and for the net value of minerals +extracted by that company or others? It will be noticed in the quotation +I have made from the act that this company is allowed to take all the +land it may claim, but at the expense of the United States, not of +Mr. McGarrahan. + +The bill is so framed as to give full protection to the New Idria Mining +Company to the full extent of its largest claim, while throwing upon the +United States a responsibility which that company should bear if the +title of Mr. McGarrahan is established. + +The United States provided a proper tribunal for the trial of claims +founded upon Mexican grants. This claim was there tried, and if fraud +affected the judgment it is not, I think, chargeable to the Government; +the contest was chiefly between rival claimants. In this state of the +case it would seem that if the United States consents to open the +litigation and to wipe out all judicial findings and decrees a less +exacting measure of damages than that proposed in the bill should be +agreed on. + +It is not my purpose, as I have intimated, to express the opinion that +Mr. McGarrahan is entitled to no relief. It seems to me, however, clear +that he is not entitled to the relief given by this bill, and that it +does not adequately protect the interests of the United States. + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _August 3, 1892_. + +_To the Senate_: + +I return herewith without my approval the bill (S. 1111) entitled "An +act to amend the act of Congress approved March 3, 1887, entitled 'An +act to provide for the bringing of suits against the Government of the +United States.'" + +If I may judge from the very limited discussion of this measure in +Congress, the sweeping effects of it upon the administration of the +public lands could hardly have been fully realized. From the beginning +of the Government the administration of the public lands and the issuing +of patents under the land laws have been an Executive function. + +The jurisdiction of the courts as to contesting claims for patents has +awaited the action of the General Land Office. Land offices have been +established and maintained in all the districts where public lands were +found, located with reference to the convenience of the settlers, and +the proceedings have been informal and inexpensive. It is true that at +times, by an administration of the Land Office unfriendly toward the +settlers, unnecessary delays involving much hardship have intervened in +the issuing of patents, but such is not the case now. The work of the +Land Office within the last three years has been so efficient and so +friendly to the _bona fide_ settler that the large accumulation of cases +there has been swept away, and the office, as I am informed by the +Secretary of the Interior, is now engaged upon current business. + +It seems to me that a transfer in whole or in part of this business to +the courts, some of whose dockets are already loaded with cases, can not +tend to expedition, while it is very manifest that, by reason of the +greater formality in the taking and presentation of evidence which would +be required in court and of the long distances which settlers would have +to traverse in order to attend court, the costs in such cases would be +enormously increased. + +It is proposed by this bill to give what is called concurrent +jurisdiction to the district courts of the United States and to the +Court of Claims to hear and determine all claims for land patents under +any law or grant of the United States. Whether concurrent with each +other or with each other and the Land Office is not clear. + +It is quite doubtful under the rulings of the Supreme Court whether the +courts now provided by law for the Territories are "district courts of +the United States" within the meaning of this bill. The effect of this +legislation would, if they were held not to be such, be that as to all +suits relating to lands in the Territories of New Mexico, Arizona, Utah, +and Oklahoma no other forum is provided than the Court of Claims at +Washington. In this state of the case a settler, or one who has taken +a mineral claim in any of these Territories, would be subject to be +brought to the city of Washington for the trial of his case. + +In view of the fact that all recent legislation of Congress has been +in the direction of subdividing judicial districts and of bringing the +United States courts nearer to the litigants, I can only attribute to +oversight the passage of this bill, which in my opinion would burden the +homesteader and preemptor whose claim is contested, whether by another +individual or by any corporation, by compelling him to appear at +Washington and to conduct with the formality and expense incident to +court proceedings the defense of his title. But even in the case of +land contests arising in the States where district courts exist the +plaintiff, it will be observed, by this act is given the option to sue +in those courts or to bring his adversary to Washington to litigate +the claim. Why should he have this advantage, one that is not given so +far as I know in any other law fixing the forum of litigation between +individuals? Not only is this true, but the Court of Claims was +established for the trial of cases between individuals and corporations +on the one side and the United States on the other, and so far as I now +recall wholly for the trial of money claims. + +There are no adequate provisions of law, if any at all, for conducting +suits between individuals contesting private rights. The court has one +bailiff and one messenger, no marshal, and is not provided, I think, +either with the machinery or with the appropriation to send its +processes to the most distant parts of the country. Yet it is apparent +that under this bill the real issue would frequently be between rival +claimants, and not between either and the United States. This court, +too, is already burdened with business since the reference to it of the +Indian depredation claims, the French spoliation claims, etc., and it +certainly can not be thought that a more speedy settlement of land +claims could be there obtained than is now given. + +Again, the bill is so indefinite in its provisions that it can not be +told, I think, what function, if any, remains to be discharged by the +General Land Office. It was said in answer to an interrogatory when the +bill was under consideration that it did not affect claims pending in +the Land Office; and yet it seems to me that its effect is to allow any +contestant in the Land Office at any stage of the proceedings there to +transfer the whole controversy to the courts. He may take his chances of +success in the Land Office, and if at any time he becomes apprehensive +of an adverse decision he may begin _de novo_ in the courts. + +If it was intended to preserve the jurisdiction of the Land Office and +to hold cases there until a judgment had been reached, the bill should +have so provided, for it is capable of, and indeed seems to me compels, +the construction that either party may forsake the Land Office at any +stage of a contest. I am quite inclined to believe that if provision +were made, as in section 1063 of the Revised Statutes, relating to +claims in other departments, for the transfer to a proper court, under +proper regulations, of certain contest cases involving questions +affecting large classes of claims, it would be a relief to the Land +Office and would tend to a more speedy adjustment of land titles in such +cases, a result which would be in the interest of all our people. + +Nothing is more disadvantageous to a community, its progress and peace, +than unsettled land titles. This bill, however, as I have said, is so +radical and seems to me to be so indefinite in its provisions that +I can not give it my approval. + +BENJ. HARRISON. + + + + +PROCLAMATIONS. + + +BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. + +A PROCLAMATION. + +Whereas, pursuant to section 3 of the act of Congress approved October +1, 1890, entitled "An act to reduce the revenue and equalize duties on +imports, and for other purposes," the Secretary of State of the United +States of America communicated to the Government of Salvador the action +of the Congress of the United States of America, with a view to secure +reciprocal trade, in declaring the articles enumerated in said section 3 +to be exempt from duty upon their importation into the United States of +America; and + +Whereas the envoy extraordinary and minister plenipotentiary of Salvador +at Washington has communicated to the Secretary of State the fact that, +in reciprocity for the admission into the United States of America free +of all duty of the articles enumerated in section 3 of said act, the +Government of Salvador will by due legal enactment, as a provisional +measure and until a more complete arrangement may be negotiated and put +in operation, admit free of all duty, from and after February 1, 1892, +into all the established ports of entry of Salvador the articles or +merchandise named in the following schedule, provided that the same be +the product or manufacture of the United States: + + + SCHEDULE OF PRODUCTS AND MANUFACTURES WHICH THE REPUBLIC OF SALVADOR + WILL ADMIT FREE OF ALL CUSTOMS, MUNICIPAL, AND ANY OTHER KIND OF DUTY. + + 1. Animals for breeding purposes. + + 2. Corn, rice, barley, and rye. + + 3. Beans. + + 4. Hay and straw for forage. + + 5. Fruits, fresh. + + 6. Preparations of flour in biscuits, crackers not sweetened, + macaroni, vermicelli, and tallarin. + + 7. Coal, mineral. + + 8. Roman cement. + + 9. Hydraulic lime. + + 10. Bricks, fire bricks, and crucibles for melting. + + 11. Marble, dressed, for furniture, statues, fountains, gravestones, + and building purposes. + + 12. Tar, vegetable and mineral. + + 13. Guano and other fertilizers, natural or artificial. + + 14. Plows and all other agricultural tools and implements. + + 15. Machinery of all kinds, including sewing machines, and separate or + extra parts for the same. + + 16. Materials of all kinds for the construction and equipment of + railroads. + + 17. Materials of all kinds for the construction and operation of + telegraphic and telephonic lines. + + 18. Materials of all kinds for lighting by electricity and gas. + + 19. Materials of all kinds for the construction of wharves. + + 20. Apparatus for distilling liquors. + + 21. Wood of all kinds for building, in trunks or pieces, beams, + rafters, planks, boards, shingles, or flooring. + + 22. Wooden staves, heads, and hoops, and barrels and boxes for packing, + mounted or in pieces. + + 23. Houses of wood or iron, complete or in parts. + + 24. Wagons, carts, and carriages of all kinds. + + 25. Barrels, casks, and tanks of iron for water. + + 26. Tubes of iron and all other accessories necessary for water supply. + + 27. Wire, barbed, and staples for fences. + + 28. Plates of iron for building purposes. + + 29. Mineral ores. + + 30. Kettles of iron for making salt. + + 31. Kettles of iron for making sugar. + + 32. Molds for making sugar. + + 33. Guys for mining purposes. + + 34. Furnaces and instruments for assaying metals. + + 35. Scientific instruments. + + 36. Models of machinery and buildings. + + 37. Boats, lighters, tackle, anchors, chains, girtlines, sails, and all + other articles for vessels, to be used in the ports, lakes, and + rivers of the Republic. + + 38. Printing materials, including presses, type, ink, and all other + accessories. + + 39. Printed books, pamphlets, and newspapers, bound or unbound, maps, + photographs, printed music, and paper for music. + + 40. Paper for printing newspapers. + + 41. Quicksilver. + + 42. Loadstones. + + 43. Hops. + + 44. Sulphate of quinine. + + 45. Gold and silver in bars, dust, or coin. + + 46. Samples of merchandise the duties on which do not exceed $1. + + It is understood that the packages or coverings in which the articles + named in the foregoing schedule are imported shall be free of duty if + they are usual and proper for the purpose. + + +And that the Government of Salvador has further stipulated that the laws +and regulations adopted to protect its revenue and prevent fraud in the +declarations and proof that the articles named in the foregoing schedule +are the product or manufacture of the United States of America shall +impose no additional charges on the importer nor undue restrictions on +the articles imported; and + +Whereas the Secretary of State has, by my direction, given assurance +to the envoy extraordinary and minister plenipotentiary of Salvador at +Washington that this action of the Government of Salvador in granting +freedom of duties to the products and manufactures of the United States +of America on their importation into Salvador and in stipulating for a +more complete reciprocity arrangement is accepted as a due reciprocity +for the action of Congress as set forth in section 3 of said act: + +Now, therefore, be it known that I, Benjamin Harrison, President of the +United States of America, have caused the above-stated modifications of +the tariff laws of Salvador to be made public for the information of the +citizens of the United States of America. + +In testimony whereof I have hereunto set my hand and caused the seal of +the United States to be affixed. + +[SEAL.] + +Done at the city of Washington, this 31st day of December, 1891, and of +the Independence of the United States of America the one hundred and +sixteenth. + +BENJ. HARRISON. + +By the President: + JAMES G. BLAINE, + _Secretary of State_. + + + +BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. + +A PROCLAMATION. + +Whereas it is provided by section 24 of the act of Congress approved +March 3, 1891, entitled "An act to repeal timber-culture laws, and for +other purposes"-- + + That the President of the United States may from time to time set apart + and reserve in any State or Territory having public land bearing + forests, in any part of the public lands wholly or in part covered with + timber or, undergrowth, whether of commercial value or not, as public + reservations; and the President shall by public proclamation declare + the establishment of such reservation and the limits thereof. + + +And whereas the public lands in the Territory of New Mexico within the +limits hereinafter described are in part covered with timber, and it +appears that the public good would be promoted by setting apart and +reserving said lands as a public reservation: + +Now, therefore, I, Benjamin Harrison, President of the United States, +by virtue of the power in me vested by section 24 of the aforesaid act +of Congress, do hereby make known and proclaim that there is hereby +reserved from entry or settlement and set apart as a public reservation +all those certain tracts, pieces, or parcels of land lying and being +situate in the Territory of New Mexico and particularly described as +follows, to wit: + +Commencing at the standard corner to township seventeen (17) north, +ranges thirteen (13) and fourteen (14) east (New Mexico principal base +and meridian) on the fourth (4th) standard parallel north; thence +northerly along the range line between ranges thirteen (13) and fourteen +(14) east to the closing corner between ranges thirteen (13) and +fourteen (14) east on the fifth (5th) standard parallel north; thence +along said fifth (5th) standard parallel to the southeast corner of +township twenty-one (21) north, range thirteen (13) east; thence north +six (6) miles; thence west twelve (12) miles; thence due south to the +fifth (5th) standard parallel; thence westerly on said fifth (5th) +standard parallel to a point due north of the northwest corner of +township seventeen (17) north, range eleven (11) east; thence south to +the fourth (4th) standard parallel; thence westerly on said fourth (4th) +standard parallel north seven and sixty-two one-hundredths (7.62) chains +to the northwest corner of township sixteen (16) north, range eleven +(11) east; thence southerly on the range line between townships sixteen +(16) north, ranges ten (10) and eleven (11) east, three (3) miles and +three and forty-three hundredths (3.43) chains to the corner to sections +thirteen (13), eighteen (18), nineteen (19), and twenty-four (24) on +said range line; thence easterly along the section lines to the range +line between ranges eleven (11) and twelve (12) east; thence northerly +three (3) miles and three (3) chains to the fourth (4th) standard +parallel north; thence easterly on said fourth (4th) standard parallel +eight (8) and fifty-hundredths (8.50) chains to the standard corner to +township seventeen (17) north, ranges eleven (11) and twelve (12) east; +thence northerly on the range line to the southwest corner of township +eighteen (18) north, range twelve (12) east; thence easterly on the +township line six (6) miles one and six-hundredths (1.06) chains to the +southeast corner of township eighteen (18) north, range twelve (12) +east; thence south six (6) miles to the fourth (4th) standard parallel +north; thence east along said fourth (4th) standard parallel to the +place of beginning. + +Excepting from the force and effect of this proclamation all land which +may have been prior to the date hereof embraced in any valid Spanish or +Mexican grant or in any legal entry or covered by any lawful filing duly +made in the proper United States land office, and all mining claims duly +located and held according to the laws of the United States and rules +and regulations not in conflict therewith. + +_Provided_, That this exception shall not continue to apply to any +particular tract of land unless the entry man or claimant continues to +comply with the law under which the entry, filing, or location was made. + +Warning is hereby expressly given to all persons not to enter or make +settlement upon the tract of land reserved by this proclamation. + +In witness whereof I have hereunto set my hand and caused the seal of +the United States to be affixed. + +[SEAL.] + +Done at the city of Washington, this 11th day of January, A.D. 1892, and +of the Independence of the United States the one hundred and sixteenth. + +BENJ. HARRISON. + +By the President: + JAMES G. BLAINE, + _Secretary of State_. + + + +BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. + +A PROCLAMATION. + +Whereas, pursuant to section 3 of the act of Congress approved October +1, 1890, entitled "An act to reduce the revenue and equalize duties on +imports, and for other purposes," the attention of the Government of +Great Britain was called to the action of the Congress of the United +States of America, with a view to secure reciprocal trade, in declaring +the articles enumerated in said section 3 to be exempt from duty upon +their importation into the United States of America; and + +Whereas the envoy extraordinary and minister plenipotentiary of Great +Britain at Washington has communicated to the Secretary of State the +fact that, in view of the act of Congress above cited, the Government +of Great Britain has by due legal enactment authorized the admission, +from and after February 1, 1892, of the articles in merchandise named +in the following schedules, on the terms stated therein, into the +British colonies of Trinidad (which includes Tobago), Barbados, the +Leeward Islands (consisting of the islands of Antigua, Montserrat, St. +Christopher, Nevis, Dominica, with their respective dependencies, and +the Virgin Islands), the Windward Islands (consisting of St. Lucia, +St. Vincent, and their dependencies, but exclusive of Grenada and its +dependencies), and into the colony of British Guiana on and after +April 1, 1892: + + + Table No. 1.--Applicable to British Guiana, Trinidad and Tobago, + Barbados, the Leeward Islands, and the Windward Islands Excepting + the Island of Grenada. + + + SCHEDULE A. + + Articles to be admitted free of all customs duty and any other national, + colonial, or municipal charges: + + 1. Animals, alive, to include only asses, sheep, goats, hogs, and + poultry, and horses for breeding. + + 2. Beef, including tongues, smoked and dried. + + 3. Beef and pork preserved in cans. + + 4. Belting for machinery, of leather, canvas, or india rubber. + + 5. Boats and lighters. + + 6. Books,[27] bound or unbound, pamphlets, newspapers, and printed + matter in all languages. + + 7. Bones and horns. + + 8. Bottles of glass or stone ware. + + 9. Bran, middlings, and shorts. + + 10. Bridges of iron or wood, or of both combined, + + 11. Brooms, brushes, and whisks of broom straw. + + 12. Candles, tallow. + + 13. Carts, wagons, cars, and barrows, with or without springs, for + ordinary roads and agricultural use, not including vehicles of + pleasure. + + 14. Clocks, mantel or wall. + + 15. Copper, bronze, zinc, and lead articles, plain and nickel plated, + for industrial and domestic uses and for building. + + 16. Cotton seed and its products. + + 17. Crucibles and melting pots of all kinds. + + 18. Eggs. + + 19. Fertilizers of all kinds, natural and artificial. + + 20. Fish, fresh or on ice, and salmon and oysters in cans. + + 21. Fishing apparatus of all kinds. + + 22. Fruits and vegetables, fresh and dried, when not canned, tinned, + or bottled. + + 23. Gas fixtures and pipes. + + 24. Gold and silver coin of the United States, and bullion. + + 25. Hay and straw for forage. + + 26. Houses of wood, complete. + + 27. Ice. + + 28. India-rubber and gutta-percha goods, including waterproof clothing + made wholly or in part thereof. + + 29. Implements, utensils, and tools for agriculture, exclusive of + cutlasses and forks. + + 30. Lamps and lanterns. + + 31. Lime of all kinds. + + 32. Locomotives, railway rolling stock, rails, railway ties, and all + materials and appliances for railways and tramways. + + 33. Marble or alabaster, in the rough or squared, worked or carved, + for building purposes or monuments. + + 34. Medicinal extracts and preparations of all kinds, including + proprietary or patent medicines, but exclusive of quinine or + preparations of quinine, opium, gange, and bhang. + + 35. Paper of all kinds for printing. + + 36. Paper of wood or straw for wrapping and packing, including surface + coated or glazed. + + 37. Photographic apparatus and chemicals. + + 38. Printers' ink, all colors. + + 39. Printing presses, types, rules, spaces, and all accessories for + printing. + + 40. Quicksilver. + + 41. Resin, tar, pitch, and turpentine. + + 42. Salt. + + 43. Sewing machines and all parts and accessories thereof. + + 44. Shipbuilding materials and accessories of all kinds, when used in + the construction, equipment, or repair of vessels or boats of any + kind, except rope and cordage of all kinds, including wire rope. + + 45. Starch of Indian corn or maize. + + 46. Steam and power engines, and machines, machinery, and apparatus, + whether stationary or portable, worked by power or by hand, for + agriculture, irrigation, mining, the arts and industries of all + kinds, and all necessary parts and appliances for the erection + or repair thereof or the communication of motive power thereto. + + 47. Steam boilers and steam pipes. + + 48. Sulphur. + + 49. Tan bark of all kinds, whole or ground. + + 50. Telegraph wire, telegraphic, telephonic, and electrical apparatus + and appliances of all kinds for communication or illumination. + + 51. Trees, plants, vines, and seeds and grains of all kinds, for + propagation or cultivation. + + 52. Varnish, not containing spirits. + + 53. Wall papers. + + 54. Watches when not cased in gold or silver, and watch movements + uncased. + + 55. Water pipes of all classes, materials, and dimensions. + + 56. Wire for fences, the hooks, staples, nails, and the like + appliances for fastening the same. + + 57. Yeast cake and baking powders. + + 58. Zinc, tin, and lead, in sheets, asbestus, and tar paper, + for roofing. + + It is understood that the packages or coverings in which the articles + named in the foregoing schedule are imported shall be free of duty if + they are usual and proper for the purpose. + + + SCHEDULE B. + + Articles to be admitted at 50 per cent reduction of the duty designated + in the respective customs tariff now in force in each of said colonies: + + 1. Bacon and bacon hams. + + 2. Boots and shoes made wholly or in part of leather. + + 3. Bread and biscuit. + + 4. Cheese. + + 5. Lard and its compounds. + + 6. Mules. + + 7. Oleomargarine. + + 8. Shooks and staves. + + + SCHEDULE C. + + Articles to be admitted at 25 per cent reduction of the duty designated + in the respective customs tariff now in force in each of said colonies: + + 1. Beef, salted or pickled. + + 2. Corn or maize. + + 3. Corn meal. + + 4. Flour of wheat. + + 5. Lumber of pitch pine, in rough or prepared for buildings. + + 6. Petroleum and its products, crude or refined. + + 7. Pork, salted or pickled. + + 8. Wheat. + + It is understood that No. 4 of this schedule shall not apply to the + colony of Trinidad, but it is stipulated that the duty on flour in + said colony shall not exceed 75 cents per barrel. + + + +And that the Government of Great Britain has by due legal enactment +authorized the admission, from and after February 1, 1892, of the +articles or merchandise named in the following schedules, on the terms +stated therein, into the British colony of Jamaica and its dependencies: + + + Table No. 2.--Applicable to the Colony of Jamaica and its Dependencies. + + + SCHEDULE A. + + Articles to be admitted free of all customs duty and any other + national, colonial, or municipal charges: + + 1. Animals, alive, and poultry. + + 2. Beef, including tongues, smoked and dried. + + 3. Beef and pork preserved in cans. + + 4. Belting for machinery, of leather, canvas, or india rubber. + + 5. Boats and lighters. + + 6. Books,[28] bound or unbound, pamphlets, newspapers, and printed + matter in all languages. + + 7. Bones and horns. + + 8. Bottles of glass or stone ware. + + 9. Bran, middlings, and shorts. + + 10. Bridges of iron or wood, or of both combined. + + 11. Brooms, brushes, and whisks or broom straw. + + 12. Candles, tallow. + + 13. Carts, wagons, cars, and barrows, with or without springs, for + ordinary roads and agricultural use, not including vehicles + of pleasure. + + 14. Coal and coke. + + 15. Clocks, mantel or wall. + + 16. Cotton seed and its products, to include meal, meal cake, oil, + and cottolene. + + 17. Crucibles and melting pots of all kinds. + + 18. Drawings, paintings, engravings, lithographs, and photographs + + 19. Eggs. + + 20. Fertilizers of all kinds, natural and artificial. + + 21. Fish, fresh or on ice, and oysters in cans. + + 22. Fishing apparatus of all kinds. + + 23. Fruits and vegetables, fresh and dried, when not canned, tinned, + or bottled. + + 24. Gas fixtures and pipes. + + 25. Gold and silver coin of the United States, and bullion. + + 26. Hay and straw for forage. + + 27. Houses of wood, complete. + + 28. Ice. + + 29. India-rubber and gutta-percha goods, including waterproof clothing + made wholly or in part thereof. + + 30. Implements, utensils, and tools for agriculture, exclusive of + cutlasses and forks. + + 31. Iron, galvanized. + + 32. Iron for roofing. + + 33. Lamps and lanterns, not exceeding 10 shillings each in value. + + 34. Lime of all kinds. + + 35. Locomotives, railway rolling stock, rails, railway ties, and all + materials and appliances for railways and tramways. + + 36. Marble or alabaster, in the rough or squared, worked or carved, + for building purposes or monuments. + + 37. Paper of all kinds for printing. + + 38. Paper of wood or straw for wrapping and packing, including surface + coated or glazed. + + 39. Photographic apparatus and chemicals. + + 40. Printers' ink, all colors. + + 41. Printing presses, types, rules, spaces, and all accessories for + printing. + + 42. Proprietary or patent medicines, recommended by their proprietors as + calculated to cure disease or alleviate pain in the human subject. + + 43. Quicksilver. + + 44. Resin, tar, pitch, and turpentine. + + 45. Sewing machines and all parts and accessories thereof. + + 46. Shipbuilding materials and accessories of all kinds, when used in + the construction, equipment, or repair of vessels or boats of any + kind, except rope and cordage of all kinds, including wire rope, + and subject to specific regulations to avoid abuse in the + importation. + + 47. Shocks and staves. + + 48. Starch of Indian corn or maize. + + 49. Steam and power engines, and machines, machinery, and apparatus, + whether stationary or portable, worked by power or by hand, for + agriculture, irrigation, mining, the arts and industries of all + kinds, and all necessary parts and appliances for the erection + or repair thereof or the communication of motive power thereto. + + 50. Steam boilers and steam pipes. + + 51. Sugar, refined. + + 52. Sulphur. + + 53. Tallow and animal greases. + + 54. Tan bark of all kinds, whole or ground. + + 55. Telegraph wire, telegraphic, telephonic, and electrical apparatus + and appliances of all kinds for communication or illumination. + + 56. Trees, plants, vines, and seeds and grains of all kinds for + propagation or cultivation. + + 57. Varnish, not containing spirits. + + 58. Wall papers. + + 59. Watches when not cased in gold or silver, and watch movements + uncased. + + 60. Water pipes of all classes, materials, and dimensions. + + 61. Wire for fences, with the hooks, staples, nails, and the like + appliances for fastening the same. + + 62. Yeast cake and baking powders. + + 63. Zinc, tin, and lead, in sheets, asbestus, and tar paper, for + roofing. + + It is understood that the packages or coverings in which the articles + named in the foregoing schedule are imported shall be free of duty if + they are usual and proper for the purpose. + + + SCHEDULE B. + + Articles to be admitted at 50 per cent reduction of the duty designated + in the customs tariff now in force: + + 1. Bacon and bacon hams. + + 2. Bread and biscuit. + + 3. Butter. + + 4. Cheese. + + 5. Lard and its compounds. + + Lumber of pitch pine, in rough or prepared for buildings, to be reduced + to 9 shillings per 1,000 feet. + + + SCHEDULE C. + + Articles to be admitted at 25 per cent reduction of the duty designated + in the customs tariff now in force: + + 1. Beef, salted or pickled. + + 2. Corn and maize. + + 3. Corn meal. + + 4. Oats. + + 5. Petroleum and its products, crude or refined. + + 6. Pork, salted or pickled. + + 7. Wheat. + + +And whereas the Secretary of State has, by my direction, given the +assurance to the envoy extraordinary and minister plenipotentiary of +Great Britain at Washington that this action of the Government of Great +Britain in granting remissions and alterations of duties in the British +colonies above mentioned is accepted as a due reciprocity for the action +of Congress as set forth in section 3 of said act: + +Now, therefore, be it known that I, Benjamin Harrison, President of the +United States of America, have caused the above-stated modifications of +the tariff laws of the aforesaid British colonies to be made public for +the information of the citizens of the United States of America. + +In testimony whereof I have hereunto set my hand and caused the seal of +the United States to be affixed. + +[SEAL.] + +Done at the city of Washington, this 1st day of February, 1892, and of +the Independence of the United States of America the one hundred and +sixteenth. + +BENJ. HARRISON. + +By the President: + JAMES G. BLAINE, + _Secretary of State_. + +[Footnote 27: The importation of books is subject to the provisions of +copyright laws.] + +[Footnote 28: The importation of books is subject to the provisions of +copyright laws.] + + + +BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. + +A PROCLAMATION. + +Whereas, pursuant to section 3 of the act of Congress approved October +1, 1890, entitled "An act to reduce the revenue and equalize duties on +imports and for other purposes," the attention of the Government of the +German Empire was called to the action of the Congress of the United +States of America, with a view to secure reciprocal trade, in declaring +the articles enumerated in said section 3 to be exempt from duty upon +their importation into the United States of America; and + +Whereas the chargé d'affaires of the German Empire at Washington has +communicated to the special plenipotentiary of the United States the +fact that, in view of the act of Congress above cited, the German +Imperial Government has by due legal enactment authorized the admission, +from and after February 1, 1892, into the German Empire of the articles +or merchandise the product of the United States of America named in the +following schedule, on the terms stated therein: + + + _Schedules of articles to be admitted into Germany_. + + Articles. Rate of duty per + 100 kilograms. + + _Marks_. + + 1. Bran; malted germs Free. + 2. Flax, raw, dried, broken, or hatcheled; also refuse portions Free. + 3. Wheat 3.50 + 4. Rye 3.50 + 5. Oats 2.80 + 6. Buckwheat 2.00 + 7. Pulse 1.50 + 8. Other kinds of grain not specially mentioned 1.00 + 9. Barley 2.00 + 10. Rape seed, turnip seed, poppy, sesame, peanuts, and other + oleaginous products not specially mentioned 2.00 + 11. Maize (Indian corn) 1.60 + 12. Malt (malted barley) 3.60 + 13. Anise, coriander, fennel, and caraway seed 3.00 + 14. Agricultural productions not otherwise designated Free. + 15. Horsehair, raw, hatcheled, boiled, dyed, also laid in + the form of tresses and spun; bristles; raw bed feathers Free. + 16. Bed feathers, cleaned and prepared Free. + 17. Hides and skins, raw (green, salted, limed, dried), + and stripped of the hair for the manufacture of leather Free. + 18. Charcoal Free. + 19. Bark of wood and tan bark Free. + 20. Lumber and timber: + + (a) Raw or merely roughhewn with ax or saw, with or without + bark; oaken barrel staves 0.20 + + (b) Marked in the direction of the longitudinal axis, or + prepared or cut otherwise than by roughhewing; barrel + staves not included under (a); unpeeled osiers and + hoops; hubs, fellies, and spokes 0.30 + + (c) Sawed in the direction of the longitudinal axis; + unplaned boards; sawed cantle woods and other articles + sawn or hewn 0.80 + + 21. Wood in cut veneering; unglued, unstained parts of floors 5.00 + 22. Hops; also hop meal[29] 14.00 + 23. Butter; also artificial butter 17.00 + 24. Meat, slaughtered, fresh, with the exception of pork 15.00 + 25. Pork, slaughtered, fresh, and dressed meat, with the + exception of bacon, fresh or prepared 17.00 + 26. Game of all kinds (not alive) 20.00 + 27. Cheese, except Strecchino, Gorgonzola, and Parmesan 20.00 + 28. Fruit, seeds, berries, leaves, flowers, mushrooms, + vegetables, dried, baked, pulverized, only boiled down + or salted--all these products so far as they are not + included under other numbers of the tariff; juices of + fruits, berries, and turnips, preserved without sugar, + to be eaten; dry nuts 4.00 + 39. Mill products of grain and pulse, to wit, ground or + shelled grains, peeled barley, groats, grits, flour, + common cakes (bakers' products) 7.30 + 30. Residue, solid, from the manufacture of fat oils, + also ground Free. + 31. Goose grease and other greasy fats, such as oleomargarine, + sperfett (a mixture of stearic fats with oil), beef marrow 10.00 + 32. Live animals and animal products not mentioned elsewhere; + also beehives with live bees Free. + + 33. Horses (remarks) each 20.00 + (a) Horses up to 2 years old do 10.00 + (b) Colts following their dams Free. + 34. Bulls and cows 9.00 + 35. Oxen 25.50 + 36. Calves less than 6 weeks old 3.00 + 37. Hogs 5.00 + 38. Pigs weighing less than 10 kilograms 1.00 + 39. Sheep 1.00 + 40. Lambs 0.50 + 41. Wool, including animal hair not mentioned elsewhere, + as well as stuffs made thereof: + (a) Wool, raw, dyed, ground; also hair, raw, hatcheled, + boiled, dyed; also curled Free. + + +[Footnote 29: Gross.] + +And whereas the special plenipotentiary of the United States has, by my +direction, given assurance to the chargé d'affaires of the German Empire +at Washington that this action of the Government of the German Empire +in granting exemption of duties to the products and manufactures of the +United States of America on their importation into Germany is accepted +as a due reciprocity for the action of Congress as set forth in section +3 of said act: + +Now, therefore, be it known that I, Benjamin Harrison, President of the +United States of America, have caused the above-stated modifications +of the tariff laws of the German Empire to be made public for the +information of the citizens of the United States of America. + +In testimony whereof I have hereunto set my hand and caused the seal of +the United States to be affixed. + +[SEAL.] + +Done at the city of Washington, this 1st day of February, 1892, and of +the Independence of the United States of America the one hundred and +sixteenth. + +BENJ. HARRISON. + +By the President: + JAMES G. BLAINE, + _Secretary of State_. + + + +BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. + +A PROCLAMATION. + +Whereas it is provided by section 24 of the act of Congress approved +March 3, 1891, entitled "An act to repeal timber-culture laws, and for +other purposes"-- + + That the President of the United States may from time to time set + apart and reserve in any State or Territory having public land bearing + forests, in any part of the public lands wholly or in part covered with + timber or undergrowth, whether of commercial value or not, as public + reservations; and the President shall by public proclamation declare + the establishment of such reservations and the limits thereof. + + +And whereas the public lands in the State of Colorado within the limits +hereafter described are in part covered with timber, and it appears that +the public good would be promoted by setting apart and reserving said +lands as a public reservation: + +Now, therefore, I, Benjamin Harrison, President of the United States, +by virtue of the power in me vested by section 24 of the aforesaid act +of Congress, do hereby make known and proclaim that there is hereby +reserved from entry or settlement and set apart as a public reservation +all those certain tracts, pieces, or parcels of land lying and being +situate in the State of Colorado and particularly described as follows, +to wit: + +Commencing at the northeast corner of section four (4), township eleven +(11) north, range sixty-seven (67) west of the sixth (6th) principal +meridian; thence proceeding westerly along the township line between +townships ten (10) and eleven (11) south to the northwest corner of +section six (6), township eleven (11) south, range sixty-eight (68) +west; thence southerly along the range line between ranges sixty-eight +(68) and sixty-nine (69) west to the southwest corner of section +eighteen (18), township thirteen (13) south, range sixty-eight (68) +west; thence westerly along the section line to the northwest corner of +section nineteen (19), township thirteen (13) south, range sixty-nine +(69) west; thence southerly along the range line between ranges +sixty-nine (69) and seventy (70) west to the southwest corner of section +thirty-one (31), township thirteen (13) south, range sixty-nine (69) +west; thence east along the township line between townships thirteen +(13) and fourteen (14) south to the half-section corner on said township +line of section two (2), township fourteen (14) south, range sixty-nine +(69) west; thence southerly through the middle of sections two (2), +eleven (11), and fourteen (14) to a point in the middle of the north +line of section twenty-three (23) of said township and range; thence +easterly along said northern section line to the northeast corner of +said section; thence southerly between sections twenty-three (23) and +twenty-four (24) to the middle of the east line of section twenty-three +(23); thence easterly through the middle of section twenty-four (24) to +the middle of the east line of said section twenty-four (24), township +fourteen (14) south, range sixty-nine (69) west; thence southerly along +the range line between ranges sixty-eight (68) and sixty-nine (69) west +to the southwest corner of section thirty-one (31), township fifteen +(15) south, range sixty-eight (68) west; thence east along the township +line between townships fifteen (15) and sixteen (16) south to the +southeast corner of section thirty-four (34), township fifteen (15) +south, range sixty-seven (67) west; thence northerly along the section +line to the northeast corner of the southeast quarter of section +twenty-two (22), township fifteen (15) south, range sixty-seven (67) +west; thence westerly to the northwest corner of the southeast quarter +of section twenty-one (21) of said last-named township and range; thence +southerly to the southwest corner of the southeast quarter of section +twenty-eight (28) of said township and range; thence westerly along +the section line to the corner common to sections twenty-five (25), +thirty-one (31), and thirty-six (36) of said township and range; thence +northerly on the section line to the corner common to sections one (1), +six (6), and twelve (12) of said township and range; thence easterly +along the section line to the corner common to sections five (5), six +(6), and eight (8); thence southerly along the section line to the +southwest corner of section eight (8) of said township and range; thence +easterly along the section line to the corner common to sections ten +(10), eleven (11), and fourteen (14) of said township and range; thence +northerly along the section line to the northeast corner of section +three (3); thence westerly to the northwest corner of section three (3) +of said township and range; thence northerly along the section line to +the corner common to sections sixteen (16), twenty-one (21), twenty-two +(22), and fifteen (15), township fourteen (14) south, range sixty-seven +(67) west; thence westerly along the section line to the northwest +corner of section nineteen (19) of said township and range; thence +northerly along the range line between ranges sixty-seven (67) and +sixty-eight (68) to the northeast corner of section one (1), township +fourteen (14) south, range sixty-eight (68) west; thence easterly along +the township line between townships thirteen (13) and fourteen (14) +south to the southeast corner of section thirty-three (33) of township +thirteen (13) south, range sixty-seven (67) west; thence northerly +along the section line to the place of beginning. + +Excepting from the force and effect of this proclamation all surveyed +land which may have been prior to the date hereof embraced in any legal +entry or covered by any lawful filing duly made in the proper United +States land office, all unsurveyed lands on which valid settlement has +been made under any law of the United States, and all mining Claims duly +located and held according to the laws of the United States and rules +and regulations not in conflict therewith. + +_Provided_, That this exception shall not continue to apply to any +particular tract of land unless the entry man, settler, or claimant +continues to comply with the law under which the entry, filing, +settlement, or location was made. + +Warning is hereby expressly given to all persons not to enter or make +settlement upon the tract of land reserved by this proclamation. + +In witness whereof I have hereunto set my hand and caused the seal of +the United States to be affixed. + +[SEAL.] + +Done at the city of Washington, this 11th day of February, A.D. 1892, +and of the Independence of the United States the one hundred and +sixteenth. + +BENJ. HARRISON. + +By the President: + JAMES G. BLAINE, + _Secretary of State_. + + + +BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. + +A PROCLAMATION. + +The following provisions of the laws of the United States are hereby +published for the information of all concerned: + +Section 1956, Revised Statutes, chapter 3, Title XXIII, enacts that-- + + No person shall kill any otter, mink, marten, sable, or fur seal, or + other fur-bearing animal within the limits of Alaska Territory or in + the waters thereof; and every person guilty thereof shall for each + offense be fined not less than $200 nor more than $1,000, or imprisoned + not more than six months, or both; and all vessels, their tackle, + apparel, furniture, and cargo, found engaged in violation of this + section shall be forfeited; but the Secretary of the Treasury shall + have power to authorize the killing of any such mink, marten, sable, or + other fur-bearing animal, except fur seals, under such regulations as + he may prescribe; and it shall be the duty of the Secretary to prevent + the killing of any fur seal and to provide for the execution of the + provisions of this section until it is otherwise provided by law, nor + shall he grant any special privileges under this section. + + SEC. 3. That section 1956 of the Revised Statutes of the United + States is hereby declared to include and apply to all the dominion + of the United States in the waters of Bering Sea; and it shall be the + duty of the President at a timely season in each year to issue his + proclamation, and cause the same to be published for one month at + least in one newspaper (if any such there be) published at each United + States port of entry on the Pacific coast, warning all persons against + entering said waters for the purpose of violating the provisions of + said section; and he shall also cause one or more vessels of the United + States to diligently cruise said waters and arrest all persons and + seize all vessels found to be or to have been engaged in any violation + of the laws of the United States therein. + + +Now, therefore, I, Benjamin Harrison, President of the United States, +pursuant to the above-recited statutes, hereby warn all persons against +entering the waters of Bering Sea within the dominion of the United +States for the purpose of violating the provisions of said section 1956, +Revised Statutes; and I hereby proclaim that all persons found to be or +to have been engaged in any violation of the laws of the United States +in said waters will be arrested and punished as above provided, and that +all vessels so employed, their tackle, apparel, furniture, and cargoes, +will be seized and forfeited. + +In testimony whereof I have hereunto set my hand and caused the seal of +the United States to be affixed, + +[SEAL.] + +Done at the city of Washington, this 15th day of February, 1892, and of +the Independence of the United States the one hundred and sixteenth. + +BENJ. HARRISON. + +By the President: + JAMES G. BLAINE, + _Secretary of State_. + + + +BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. + +A PROCLAMATION. + +Whereas, pursuant to section 3 of the act of Congress approved October +1, 1890, entitled "An act to reduce the revenue and equalize duties on +imports, and for other purposes," the Secretary of State of the United +States of America communicated to the Government of Nicaragua the action +of the Congress of the United States of America, with a view to secure +reciprocal trade, in declaring the articles enumerated in said section 3 +to be exempt from duty upon their importation into the United States of +America; and + +Whereas the envoy extraordinary and minister plenipotentiary of +Nicaragua at Washington has communicated to the Secretary of State the +fact that, in reciprocity for the admission into the United States of +America free of all duty of the articles enumerated in section 3 of +said act, the Government of Nicaragua will by due legal enactment admit +free of all duty, from and after April 15, 1892, into all the ports of +entry of Nicaragua the articles or merchandise named in the following +schedule, provided that the same be the product of the United States: + + + SCHEDULE OF ARTICLES WHICH THE REPUBLIC OF NICARAGUA WILL ADMIT FREE OF + ALL KIND OF DUTY. + + 1. Animals, live. + + 2. Barley, Indian corn, wheat, oats, rye, and rice. + + 3. Seeds of all kinds for agriculture and horticulture. + + 4. Live plants of all kinds. + + 5. Corn meal. + + 6. Starch. + + 7. Beans, potatoes, and all other vegetables, fresh or dried. + + 8. Fruits, fresh or dried. + + 9. Hay, bran, and straw for forage. + + 10. Cotton-seed oil and all other products of said seed. + + 11. Tar, resin, and turpentine. + + 12. Asphalt, crude or manufactured in blocks. + + 13. Quicksilver for mining purposes. + + 14. Coal, mineral or animal. + + 15. Fertilizers for land. + + 16. Lime and cement. + + 17. Wood and lumber, in the rough or prepared for building purposes. + + 18. Houses of wood or iron. + + 19. Marble, in the rough or dressed, for fountains, gravestones, and + building purposes. + + 20. Tools and implements for agricultural and horticultural purposes. + + 21. Wagons, carts, and handcarts. + + 22. Iron and steel, in rails for railroads and other similar uses, and + structural iron and steel for bridges and building purposes. + + 23. Wire, for fences, with or without barbs, clamps, posts, clips, and + other accessories of wire, not less than 3 lines in diameter. + + 24. Machinery of all kinds for agricultural purposes, arts, and trades, + and parts of such machinery. + + 25. Motors of steam or animal power. + + 26. Forgers, water pumps of metal, pump hose, sledge hammers, drills for + mining purposes, iron piping with its keys and faucets, crucibles + for melting metals, iron water tanks, and lightning rods. + + 27. Roofs of galvanized iron, gutters, ridging, clamps, and screws for + the same. + + 28. Printing materials. + + 29. Books, pamphlets, and other printed matter, and ruled paper for + printed music, printing paper in sheets not less than 29 by 20 + inches. + + 30. Geographical maps or charts and celestial and terrestrial spheres + or globes. + + 31. Surgical and mathematical instruments. + + 32. Stones and fire bricks for smelting furnaces. + + 33. Vessels and boats of all kinds, fitted together or in parts. + + 34. Gold and silver in bullion, bars, or coin. + + It is understood that the packages or coverings in which the articles + named in the foregoing schedule are imported shall be free of duty if + they are usual and proper for the purpose. + + +And that the Government of Nicaragua has further stipulated that the +laws and regulations adopted to protect its revenue and prevent fraud +in the declarations and proof that the articles named in the foregoing +schedule are the product of the United States of America shall impose +no undue restrictions on the importer nor additional charges on the +articles imported; and + +Whereas the Secretary of State has, by my direction, given assurance to +the envoy extraordinary and minister plenipotentiary of Nicaragua at +Washington that this action of the Government of Nicaragua in granting +freedom of duties to the products of the United States of America on +their importation into Nicaragua is accepted as a due reciprocity for +the action of Congress as set forth in section 3 of said act: + +Now, therefore, be it known that I, Benjamin Harrison, President of the +United States of America, have caused the above-stated modifications of +the tariff laws of Nicaragua to be made public for the information of +the citizens of the United States of America. + +In testimony whereof I have hereunto set my hand and caused the seal of +the United States to be affixed. + +[SEAL.] + +Done at the city of Washington, this 12th day of March, 1892, and of the +Independence of the United States of America the one hundred and +sixteenth. + +BENJ. HARRISON. + +By the President: + WILLIAM F. WHARTON, + _Acting Secretary of State_. + + + +BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. + +A PROCLAMATION. + +Whereas in section 3 of an act passed by the Congress of the United +States entitled "An act to reduce the revenue and equalize duties on +imports, and for other purposes," approved October 1, 1890, it was +provided as follows: + + That with a view to secure reciprocal trade with countries producing + the following articles, and for this purpose, on and after the 1st + day of January, 1892, whenever and so often as the President shall be + satisfied that the government of any country producing and exporting + sugars, molasses, coffee, tea, and hides, raw and uncured, or any of + such articles, imposes duties or other exactions upon the agricultural + or other products of the United States which, in view of the free + introduction of such sugar, molasses, coffee, tea, and hides into the + United States, he may deem to be reciprocally unequal and unreasonable, + he shall have the power and it shall be his duty to suspend, by + proclamation to that effect, the provisions of this act relating to the + free introduction of such sugar, molasses, coffee, tea, and hides the + production of such country for such time as he shall deem just; and in + such case and during such suspension duties shall be levied, collected, + and paid upon sugar, molasses, coffee, tea, and hides the product of or + exported from such designated country-- + + +the duties hereinafter set forth; and + +Whereas it has been established to my satisfaction and I find the fact +to be that the Government of Colombia does impose duties or other +exactions upon the agricultural and other products of the United States +which, in view of the free introduction of such sugars, molasses, +coffee, tea, and hides into the United States, in accordance with the +provisions of said act, I deem to be reciprocally unequal and +unreasonable: + +Now, therefore, I, Benjamin Harrison, President of the United States of +America, by virtue of the authority vested in me by section 3 of said +act, by which it is made my duty to take action, do hereby declare +and proclaim that the provisions of said act relating to the free +introduction of sugars, molasses, coffee, tea, and hides the production +of Colombia shall be suspended from and after this 15th day of March, +1892, and until such time as said unequal and unreasonable duties and +exactions are removed by Colombia and public notice of that fact given +by the President of the United States; and I do hereby proclaim that on +and after this 15th day of March, 1892, there will be levied, collected, +and paid upon sugars, molasses, coffee, tea, and hides the product of or +exported from Colombia during such suspension duties as provided by said +act, as follows: + + All sugars not above No. 13 Dutch standard in color shall pay duty on + their polariscopic tests as follows, namely: + + All sugars not above No. 13 Dutch standard in color, all tank bottoms, + sirups of cane juice or of beet juice, melada, concentrated melada, + concrete and concentrated molasses, testing by the polariscope not + above 75°, seven-tenths of 1 cent per pound, and for every additional + degree or fraction of a degree shown by the polariscopic test + two-hundredths of 1 cent per pound additional. + + All sugars above No. 13 Dutch standard in color shall be classified + by the Dutch standard of color and pay duty as follows, namely: + + All sugars above No. 13 and not above No. 16 Dutch standard of color, + 1-3/8 cents per pound. + + All sugars above No. 16 and not above No. 20 Dutch standard of color, + 1-5/8 cents per pound. + + All sugars above No. 20 Dutch standard of color, 2 cents per pound. + + Molasses testing above 56°, 4 cents per gallon. + + Sugar drainings and sugar sweepings shall be subject to duty either as + molasses or sugar, as the case may be, according to polariscopic test. + + On coffee, 3 cents per pound. + + On tea, 10 cents per pound. + + Hides, raw or uncured, whether dry, salted, or pickled; Angora-goat + skins, raw, without the wool, unmanufactured; asses' skins, raw or + unmanufactured, and skins, except sheepskins, with the wool on, 1-1/2 + cents per pound. + + +In witness whereof I have hereunto set my hand and caused the seal of +the United States to be affixed. + +[SEAL.] + +Done at the city of Washington, this 15th day of March, 1892, and of the +Independence of the United States of America the one hundred and +sixteenth. + +BENJ. HARRISON. + +By the President: + WILLIAM F. WHARTON, + _Acting Secretary of State_. + + + +BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. + +A PROCLAMATION. + +Whereas in section 3 of an act passed by the Congress of the United +States entitled "An act to reduce the revenue and equalize duties on +imports, and for other purposes," approved October 1, 1890, it was +provided as follows: + + That with a view to secure reciprocal trade with countries producing + the following articles, and for this purpose, on and after the 1st + day of January, 1892, whenever and so often as the President shall be + satisfied that the government of any country producing and exporting + sugars, molasses, coffee, tea, and hides, raw and uncured, or any of + such articles, imposes duties or other exactions upon the agricultural + or other products of the United States which, in view of the free + introduction of such sugar, molasses, coffee, tea, and hides into the + United States, he may deem to be reciprocally unequal and unreasonable, + he shall have the power and it shall be his duty to suspend, by + proclamation to that effect, the provisions of this act relating to the + free introduction of such sugar, molasses, coffee, tea, and hides the + production of such country for such time as he shall deem just; and in + such case and during such suspension duties shall be levied, collected, + and paid upon sugar, molasses, coffee, tea, and hides the product of or + exported from such designated country-- + + +the duties hereinafter set forth; and + +Whereas it has been established to my satisfaction and I find the fact +to be that the Government of Hayti does impose duties or other exactions +upon the agricultural and other products of the United States which, in +view of the free introduction of such sugars, molasses, coffee, tea, and +hides into the United States, in accordance with the provisions of said +act, I deem to be reciprocally unequal and unreasonable: + +Now, therefore, I, Benjamin Harrison, President of the United States +of America, by virtue of the authority vested in me by section 3 of +said act, by which it is made my duty to take action, do hereby declare +and proclaim that the provisions of said act relating to the free +introduction of sugars, molasses, coffee, tea, and hides the production +of Hayti shall be suspended from and after this 15th day of March, +1892, and until such time as said unequal and unreasonable duties and +exactions are removed by Hayti and public notice of that fact given by +the President of the United States; and I do hereby proclaim that on and +after this 15th day of March, 1892, there will be levied, collected, and +paid upon sugars, molasses, coffee, tea, and hides the product of or +exported from Hayti during such suspension duties as provided by said +act, as follows: + + All sugars not above No. 13 Dutch standard in color shall pay duty on + their polariscopic tests as follows, namely: + + All sugars not above No. 13 Dutch standard in color, all tank bottoms, + sirups of cane juice or of beet juice, melada, concentrated melada, + concrete and concentrated molasses, testing by the polariscope not + above 75°, seven-tenths of 1 cent per pound and for every additional + degree or fraction of a degree shown by the polariscopic test + two-hundredths of 1 cent per pound additional. + + All sugars above No. 13 Dutch standard in color shall be classified by + the Dutch standard of color and pay duty as follows, namely: + + All sugar above No. 13 and not above No. 16 Dutch standard of color, + 1-3/8 cents per pound. + + All sugar above No. 16 and not above No. 20 Dutch standard of color, + 1-5/8 cents per pound. + + All sugars above No. 20 Dutch standard of color, 2 cents per pound. + + Molasses testing above 56°, 4 cents per gallon. + + Sugar drainings and sugar sweepings shall be subject to duty either as + molasses or sugar, as the case may be, according to polariscopic test. + + On coffee, 3 cents per pound. + + On tea, 10 cents per pound. + + Hides, raw or uncured, whether dry, salted, or pickled; Angora-goat + skins, raw, without the wool, unmanufactured; asses' skins, raw or + unmanufactured, and skins, except sheepskins, with the wool on, 1-1/2 + cents per pound. + + +In witness whereof I have hereunto set my hand and caused the seal of +the United States to be affixed. + +[SEAL.] + +Done at the city of Washington, this 15th day of March, 1892, and of the +Independence of the United States of America the one hundred and +sixteenth. + +BENJ. HARRISON. + +By the President: + WILLIAM F. WHARTON, + _Acting Secretary of State_. + + + +BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. + +A PROCLAMATION. + +Whereas in section 3 of an act passed by the Congress of the United +States entitled "An act to reduce the revenue and equalize duties on +imports, and for other purposes," approved October 1, 1890, it was +provided as follows: + + That with a view to secure reciprocal trade with countries producing + the following articles, and for this purpose, on and after the 1st + day of January, 1892, whenever and so often as the President shall be + satisfied that the government of any country producing and exporting + sugars, molasses, coffee, tea, and hides, raw and uncured, or any of + such articles, imposes duties or other exactions upon the agricultural + or other products of the United States which, in view of the free + introduction of such sugar, molasses, coffee, tea, and hides into the + United States, he may deem to be reciprocally unequal and unreasonable, + he shall have the power and it shall be his duty to suspend, by + proclamation to that effect, the provisions of this act relating to the + free introduction of such sugar, molasses, coffee, tea, and hides the + production of such country for such time as he shall deem just; and in + such case and during such suspension duties shall be levied, collected, + and paid upon sugar, molasses, coffee, tea, and hides the product of or + exported from such designated country-- + + +the duties hereinafter set forth; and + +Whereas it has been established to my satisfaction and I find the fact +to be that the Government of Venezuela does impose duties or other +exactions upon the agricultural and other products of the United States +which, in view of the free introduction of such sugars, molasses, +coffee, tea, and hides into the United States, in accordance with the +provisions of said act, I deem to be reciprocally unequal and +unreasonable: + +Now, therefore, I, Benjamin Harrison, President of the United States +of America, by virtue of the authority vested in me by section 3 of +said act, by which it is made my duty to take action, do hereby declare +and proclaim that the provisions of said act relating to the free +introduction of sugars, molasses, coffee, tea, and hides the production +of Venezuela shall be suspended from and after this 15th day of March, +1892, and until such time as said unequal and unreasonable duties and +exactions are removed by Venezuela and public notice of that fact given +by the President of the United States; and I do hereby proclaim that on +and after this 15th day of March, 1892, there will be levied, collected, +and paid upon sugars, molasses, coffee, tea, and hides the product of or +exported from Venezuela during such suspension duties as provided by +said act, as follows: + + All sugars not above No. 13 Dutch standard in color shall pay duty on + their polariscopic tests as follows, namely: + + All sugars not above No. 13 Dutch standard in color, all tank bottoms, + sirups of cane juice or of beet juice, melada, concentrated melada, + concrete and concentrated molasses, testing by the polariscope not + above 75°, seven-tenths of 1 cent per pound, and for every additional + degree or fraction of a degree shown by the polariscopic test + two-hundredths of 1 cent per pound additional. + + All sugars above No. 13 Dutch standard in color shall be classified + by the Dutch standard of color and pay duty as follows, namely: + + All sugar above No. 13 and not above No. 16 Dutch standard of color, + 1-3/8 cents per pound. + + All sugar above No. 16 and not above No. 20 Dutch standard of color, + 1-5/8 cents per pound. + + All sugars above No. 20 Dutch standard of color, 2 cents per pound. + + Molasses testing above 56°, 4 cents per gallon. + + Sugar drainings and sugar sweepings shall be subject to duty either as + molasses or sugar, as the case may be, according to polariscopic test. + + On coffee, 3 cents per pound. + + On tea, 10 cents per pound. + + Hides, raw or uncured, whether dry, salted, or pickled; Angora-goat + skins, raw, without the wool, unmanufactured; asses' skins, raw or + unmanufactured, and skins, except sheepskins, with the wool on, 1-1/2 + cents per pound. + + +In witness whereof I have hereunto set my hand and caused the seal of +the United States to be affixed. + +[SEAL.] + +Done at the city of Washington, this 15th day of March, 1892, and of the +independence of the United States of America the one hundred and +sixteenth. + +BENJ. HARRISON. + +By the President: + WILLIAM F. WHARTON, + _Acting Secretary of State_. + + + +BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. + +A PROCLAMATION. + +Whereas it is provided by section 24 of an act approved March 3, 1891, +entitled "An act to repeal timber-culture laws, and for other +purposes"-- + + That the President of the United States may from time to time set apart + and reserve in any State or Territory having public land bearing + forests, in any part of the public lands wholly or in part covered with + timber or undergrowth, whether of commercial value or not, as public + reservations; and the President shall by public proclamation declare + the establishment of such reservations and the limits thereof. + + +And whereas the lands hereinafter described are public and +forest bearing, and on the 11th day of February last I issued a +proclamation[30] intended to reserve the same as authorized in said act; +but as some question has arisen as to the boundaries proclaimed being +sufficiently definite to cover the lands intended to be reserved: + +Now, therefore, I, Benjamin Harrison, President of the United States, +for the purpose of removing any doubt and making the boundaries of said +reservation more definite, by virtue of the power in me vested by said +act, do hereby issue this my second proclamation and hereby set apart, +reserve, and establish as a public reservation all that tract of land +situate in the State of Colorado embraced within the following boundary: + +Beginning at the northeast corner of section four (4), township eleven +(11) south, range sixty-seven (67) west of the sixth (6th) principal +meridian; thence westerly along the second (2d) correction line south +between townships ten (10) and eleven (11) south to the northwest corner +of section six (6), township eleven (11) south, range sixty-eight (68) +west; thence southerly along the range line between ranges sixty-eight +(68) and sixty-nine (69) west to the southwest corner of section +eighteen (18), township thirteen (13) south, range sixty-eight (68) +west; thence westerly along the section line between sections thirteen +(13) and twenty-four (24), fourteen (14) and twenty-three (23), fifteen +(15) and twenty-two (22), sixteen (16) and twenty-one (21), seventeen +(17) and twenty (20), and eighteen (18) and nineteen (19) to the +northwest corner of section nineteen (19), township thirteen (13) south, +range sixty-nine (69) west; thence southerly along the range line +between ranges sixty-nine (69) and seventy (70) west to the southwest +corner of section thirty-one (31) of said township; thence easterly +along the township line between townships thirteen (13) and fourteen +(14) south to the quarter-section corner on said township line between +section thirty-five (35), township thirteen (13) south, range sixty-nine +(69) west, and section two (2), township fourteen (14) south, range +sixty-nine (69) west; thence southerly through the middle of sections +two (2), eleven (11), and fourteen (14), township fourteen (14) south, +range sixty-nine (69) west, to the quarter-section corner on the section +line between sections fourteen (14) and twenty-three (23) of said +township and range; thence easterly along said section line to the +northeast corner of section twenty-three (23) of said township and +range; thence southerly along the section line to the quarter-section +corner on said line between sections twenty-three (23) and twenty-four +(24) of said township and range; thence easterly through the middle of +section twenty-four (24) to the quarter-section corner on the range +line between section nineteen (19), township fourteen (14) south, range +sixty-eight (68) west, and section twenty-four (24), township fourteen +(14) south, range sixty-nine (69) west; thence southerly along said +range line to the southwest corner of section thirty-one (31), township +fifteen (15) south, range sixty-eight (68) west; thence easterly along +the third (3d) correction line south between townships fifteen (15) and +sixteen (16) south to the southeast corner of section thirty-four (34), +township fifteen (15) south, range sixty-seven (67) west; thence +northerly along the section line between sections thirty-four (34) and +thirty-five (35), twenty-six (26) and twenty-seven (27), to the point +for the quarter-section corner on the section line between sections +twenty-two (22) and twenty-three (23), township fifteen (15) south, +range sixty-seven (67) west; thence westerly to a point for the legal +center of section twenty-one (21) of said township and range; thence +southerly to the southwest corner of the southeast quarter of section +twenty-eight (28) of said township and range; thence westerly along the +section line between sections twenty-eight (28) and thirty-three (33), +twenty-nine (29) and thirty-two (32), thirty (30) and thirty-one (31), +to the northwest corner of section thirty-one (31) of said township and +range; thence northerly on the range line between ranges sixty-seven +(67) and sixty-eight (68) west to the southwest corner of section six +(6) of said township and range; thence easterly along the section line +to the southeast corner of section six (6) of said township and range; +thence southerly along the section line to the southwest corner of +section eight (8) of said township and range; thence easterly along +the section line to the southeast corner of section ten (10) of said +township and range; thence northerly along the section line between +sections ten (10) and eleven (11), two (2) and three (3), township +fifteen (15) south, range sixty-seven (67) west, to the northeast corner +of section three (3) of said township and range; thence westerly along +the township line between townships fourteen (14) and fifteen (15) south +to the northwest corner of section three (3), township fifteen (15) +south, range sixty-seven (67) west; thence northerly along the +section line between sections thirty-three (33) and thirty-four (34), +twenty-seven (27) and twenty-eight (28), twenty-one (21) and twenty-two +(22), to the northeast corner of section twenty-one (21), township +fourteen (14) south, range sixty-seven (67) west; thence westerly along +the section line between sections sixteen (16) and twenty-one (21), +seventeen (17) and twenty (20), eighteen (18) and nineteen (19), to the +northwest corner of section nineteen (19) of said township and range; +thence northerly along the range line between ranges sixty-seven (67) +and sixty-eight (68) west to the northeast corner of section one (1), +township fourteen (14) south, range sixty-eight (68) west; thence +easterly along the township line between townships thirteen (13) and +fourteen (14) south to the southeast corner of section thirty-three +(33), township thirteen (13) south, range sixty-seven (67) west; thence +northerly along the section line between sections thirty-three (33) and +thirty-four (34), twenty-seven (27) and twenty-eight (28), twenty-one +(21) and twenty-two (22), fifteen (15) and sixteen (16), nine (9) and +ten (10), and three (3) and four (4) of townships thirteen (13), twelve +(12), and eleven (11) south, range sixty-seven (67) west, to the place +of beginning. + +Excepting from the force and effect of this proclamation all lands which +may have been prior to the date hereof embraced in any legal entry or +covered by any lawful filing duly of record in the proper United States +land office, or upon which any valid settlement has been made pursuant +to law and the statutory period within which to make entry or filing of +record has not expired, and all mining claims duly located and held +according to the laws of the United States and rules and regulations not +in conflict therewith. + +_Provided_, That this exception shall not continue to apply to any +particular tract of land unless the entryman, settler, or claimant +continues to comply with the law under which the entry, filing, +settlement, or location was made. + +Warning is hereby expressly given to all persons not to enter or make +settlement upon the tract of land reserved by this proclamation. + +In witness whereof I have hereunto set my hand and caused the seal of +the United States to be affixed. + +[SEAL.] + +Done at the city of Washington, this 18th day of March, A.D. 1892, and +of the Independence Of the United States the one hundred and sixteenth. + +BENJ. HARRISON. + +By the President: + WILLIAM F. WHARTON, + _Acting Secretary of State_. + +[Footnote 30: See pp. 260-262.] + + + +BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. + +A PROCLAMATION. + +Whereas by the third article of the treaty between the United States of +America and the Sisseton and Wahpeton bands of Dakota or Sioux Indians +concluded February 19, 1867, proclaimed May 2, 1867 (15 U.S. Statutes +at Large, p, 505), the United States set apart and reserved for certain +of said Indians certain lands, particularly described, being situated +partly in North Dakota and partly in South Dakota and known as the Lake +Traverse Reservation; and + +Whereas by agreement made with said Indians residing on said reservation +dated December 12, 1889, they conveyed, as set forth in article 1 +thereof, to the United States all their title and interest in and to all +the unallotted lands within the limits of the reservation set apart as +aforesaid remaining after the allotments shall have been made, which are +provided for in article 4 of the agreement, as follows: + + That there shall be allotted to each individual member of the bands of + Indians parties hereto a sufficient quantity, which, with the lands + heretofore allotted, shall make in each case 160 acres, and in case no + allotment has been made to any individual member of said bands, then + an allotment of 160 acres shall be made to such individual. + + +And whereas it is provided in article 2 of said agreement-- + + That the cession, sale, relinquishment, and conveyance of the lands + described in article 1 of this agreement shall not take effect and + be in force until the sum of $342,778.37, together with the sum of + $18,400, shall have been paid to said bands of Indians, as set forth + and stipulated in article 3 of this agreement. + + +And whereas it is provided in the act of Congress approved March 3, 1891 +(26 U.S. Statutes at Large, pp. 1036-1038), section 30, accepting and +ratifying the agreement with said Indians-- + + That the lands by said agreement ceded, sold, relinquished, and + conveyed to the United States shall immediately, upon the payment + to the parties entitled thereto of their share of the funds made + immediately available by this act, and upon the completion of the + allotments as provided for in said agreement, be subject only to entry + and settlement under the homestead and town-site laws of the United + States, excepting the sixteenth and thirty-sixth sections of said + lands, which shall be reserved for common-school purposes and be + subject to the laws of the State wherein located: _Provided_, That + patents shall not issue until the settler or entryman shall have paid + to the United States the sum of $2.50 per acre for the land taken up + by such homesteader, and the title to the lands so entered shall remain + in the United States until said money is duly paid by such entryman or + his legal representatives, or his widow, who shall have the right to + pay the money and complete the entry of her deceased husband in her + own name and shall receive a patent for the same. + + +And whereas payment as required by said act has been made by the United +States; and + +Whereas allotments as provided for in said agreement, as now appears +by the records of the Department of the Interior, will have been made, +approved, and completed and all other terms and considerations required +will have been complied with on the day and hour hereinafter fixed for +opening said lands to settlement: + +Now, therefore, I, Benjamin Harrison, President of the United States, +do hereby declare and make known that all of the lands embraced in said +reservation, saving and excepting the lands reserved for and allotted to +said Indians and the lands reserved for other purposes in pursuance of +the provisions of said agreement and the said act of Congress ratifying +the same and other the laws relating thereto, will, at and after the +hour of 12 o'clock noon (central standard time) on the 15th day of +April, A.D. 1892, and not before, be opened to settlement under the +terms of and subject to all the terms and conditions, limitations, +reservations, and restrictions contained in said agreements, the +statutes above specified, and the laws of the United States applicable +thereto. + +The lands to be opened for settlement are for greater convenience +particularly described in the accompanying schedule, entitled "Schedule +of lands within the Lake Traverse Reservation opened to settlement by +proclamation of the President dated April 11, 1892," and which schedule +is made a part hereof. + +Warning, moreover, is hereby given that until said lands are opened to +settlement as herein provided all persons save said Indians are +forbidden to enter upon and occupy the same or any part thereof. + +And further notice is hereby given that it has been duly ordered that +the lands mentioned and included in this proclamation shall be, and the +same are, attached to the Fargo and Watertown land districts, in said +States, as follows: + +1. All that portion of the Lake Traverse Reservation commencing at +the northwest corner of said reservation; thence south 12° 2' west, +following the west boundary of the reservation, to the new seventh +standard parallel, or boundary line between the States of North and +South Dakota; thence east, following the new seventh standard parallel +to its intersection with the north boundary of said Indian reservation; +thence northwesterly with said boundary to the place of beginning, is +attached to the Fargo land district, the office of which is now located +at Fargo, N. Dak. + +2. All that portion of the Lake Traverse Reservation commencing at +a point where the new seventh standard parallel intersects the west +boundary of said reservation; thence southerly along the west boundary +of said reservation to its extreme southern limit; thence northerly +along the east boundary of said reservation to Lake Traverse; thence +north with said lake to the northeast corner of the Lake Traverse Indian +Reservation; thence westerly with the north boundary of said reservation +to its intersection with the new seventh standard parallel, or boundary +line between the States of North and South Dakota; thence with the new +seventh standard parallel to the place of beginning, is attached to the +Watertown land district, the office of which is now located at +Watertown, S. Dak. + +In witness whereof I have hereunto set my hand and caused the seal of +the United States to be affixed. + +[SEAL.] + +Done at the city of Washington, this 11th day of April, A.D. 1892, and +of the Independence of the United States the one hundred and sixteenth + +BENJ. HARRISON. + +By the President: + JAMES G. BLAINE, + _Secretary of State_. + + + +BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. + +A PROCLAMATION. + +Whereas by a written agreement made on the ---- day of October, +1890, the Cheyenne and Arapahoe tribes of Indians ceded, conveyed, +transferred, relinquished, and surrendered all their claim, title, and +interest in and to the lands described in article 2 of said agreement +as follows, to wit: + + Commencing at a point where the Washita River crosses the ninety-eighth + degree of west longitude, as surveyed in the years 1858 and 1871; + thence north on a line with said ninety-eighth degree to the point + where it is crossed by the Red Fork of the Arkansas (sometimes called + the Cimarron River); thence up said river, in the middle of the main + channel thereof, to the north boundary of the country ceded to the + United States by the treaty of June 14, 1866, with the Creek Nation + of Indians; thence west on said north boundary and the north boundary + of the country ceded to the United States by the treaty of March 21, + 1866, with the Seminole Indians to the one hundredth degree of west + longitude; thence south on the line of said one hundredth degree to the + point where it strikes the North Fork of the Red River; thence down + said North Fork of the Red River to a point where it strikes the north + line of the Kiowa and Conianclie Reservation; thence east along said + boundary to a point where it strikes the Washita River; thence down + said Washita River, in the middle of the main channel thereof, to the + place of beginning; and all other lands or tracts of country in the + Indian Territory to which they have or may set up or allege any right, + title, interest, or claim whatsoever. + + +_Provided_, That every member of said tribes shall have an allotment +of 160 acres of land, as in said agreement provided, to be selected +within the tract of country so ceded, except land in any part of +said reservation now used or occupied for military, agency, school, +school-farm, religious, or other public uses, or in sections 16 or 36 +in each Congressional township, except, in cases where any Cheyenne or +Arapahoe Indian has heretofore made improvements upon and now uses and +occupies a part of said sections 16 and 36, such Indian may make his +or her selection within the boundaries so prescribed so as to include +his or her improvements; and except in that part of the lands by said +agreement ceded, now occupied and claimed by the Wichita and affiliated +bands of Indians described as follows, to wit: + + Commencing at a point in the middle of the main channel of the Washita + River where the ninety-eighth meridian of west longitude crosses the + same; thence up the middle of the main channel of the said river to + the line of 98° 40' west longitude; thence up said line of 98° 40' due + north to the middle of the main channel of the main Canadian River; + thence down the middle of the main Canadian River to where it crosses + the ninety-eighth meridian; thence due south to the place of beginning. + + +_And provided_, That said sections 16 and 36 in each Congressional +township in said reservation shall not become subject to homestead +entry, but shall be held by the United States and finally sold for +public-school purposes; and that when the allotments of lands shall have +been selected and taken by the members of the Cheyenne and Arapahoe +tribes as aforesaid and approved by the Secretary of the Interior the +title thereto shall be held in trust for the allottees, respectively, +for the period of twenty-five years in the manner and to the extent +provided for in the act of Congress approved February 8, 1887 (24 U.S. +Statutes at Large, p. 388); and + +Whereas it is provided in the act of Congress accepting, ratifying, and +confirming the said agreement with the Cheyenne and Arapahoe Indians, +approved March 3, 1891 (26 U.S. Statutes at Large, pp. 989-1044), +section 16-- + + That whenever any of the lands acquired by either of the * * * + foregoing agreements respecting lands in the Indian or Oklahoma + Territory shall by operation of law or proclamation of the President + of the United States be opened to settlement they shall be disposed + of to actual settlers only, under the provisions of the homestead and + town-site laws, except section 2301 of the Revised Statutes of the + United States, which shall not apply: _Provided, however_, That each + settler on said lands shall before making a final proof and receiving + a certificate of entry pay to the United States for the land so taken + by him, in addition to the fees provided by law, and within five years + from the date of the first original entry, the sum of $1.50 per acre, + one-half of which shall be paid within two years; but the rights + of honorably discharged Union soldiers and sailors as defined and + described in sections 2304 and 2305 of the Revised Statutes of the + United States shall not be abridged except as to the sum to be paid + as aforesaid; and all the lands in Oklahoma are hereby declared to be + agricultural lands, and proof of their nonmineral character shall not + be required as a condition precedent to final entry. + + +And whereas allotments of land in severalty to said Cheyenne and +Arapahoe Indians have been made and approved in accordance with law and +the provisions of the before-mentioned agreement with them; and + +Whereas the lands acquired by the said agreement hereinbefore mentioned +have been divided into counties by the Secretary of the Interior, as +required by said last-mentioned act of Congress, before the same shall +be opened to settlement, and lands have been reserved for county-seat +purposes as therein required, as follows, to wit: + +For County C, the south one-half of section 19, township 16 north, range +11 west; for County D, the north one-half of section 13, township 18 +north, range 17 west; for County E, the south one-half of section 15, +township 17 north, range 22 west; for County F, the south one-half of +section 8, township 13 north, range 23 west; for County G, the north +one-half of section 25, township 13 north, range 17 west; for County H, +the south one-half of section 13, township 9 north, range 16 west; and + +Whereas it is provided by act of Congress for temporary government of +Oklahoma, approved May 2, 1890, section 23 (26 U.S. Statutes at Large, +p. 92), that there shall be reserved public highways 4 rods wide between +each section of land in said Territory, the section lines being the +center of said highways; but no deduction shall be made where cash +payments are provided for in the amount to be paid for each quarter +section of land by reason of such reservation; and + +Whereas all the terms, conditions, and considerations required by said +agreement made with said tribes of Indians and by the laws relating +thereto precedent to opening said lands to settlement have been, as +I hereby declare, complied with: + +Now, therefore, I, Benjamin Harrison, President of the United States, +by virtue of the power in me vested by the statutes hereinbefore +mentioned, also an act of Congress entitled "An act making +appropriations for the current and contingent expenses of the Indian +Department and for fulfilling treaty stipulations with various Indian +tribes for the year ending June 30, 1892, and for other purposes," +approved March 3, 1891, and by other of the laws of the United States, +and by said agreement, do hereby declare and make known that all of said +lands hereinbefore described acquired from the Cheyenne and Arapahoe +Indians by the agreement aforesaid, saving and excepting the lands +allotted to the Indians as in said agreement provided, excepting also +the lands hereinbefore described as occupied and claimed by the Wichita +and affiliated bands of Indians, or otherwise reserved in pursuance of +the provisions of said agreement and the said act of Congress ratifying +the same, and other the laws relating thereto, will at the hour of +12 o'clock noon (central standard time), Tuesday, the 19th day of +the present month of April, and not before, be opened to settlement +under the terms of and subject to all the conditions, limitations, +reservations, and restrictions contained in said agreement, the statutes +above specified, and the laws of the United States applicable thereto. + +The lands to be so opened to settlement are for greater convenience +particularly described in the accompanying schedule, entitled "Schedule +of lands within the Cheyenne and Arapahoe Indian Reservation, Oklahoma +Territory, opened to settlement by proclamation of the President." + +Each entry shall be in square form as nearly as applicable; and no other +lands in the Territory of Oklahoma are opened to settlement under this +proclamation, the agreement with the said Cheyenne and Arapahoe Indians, +or the act ratifying the same. + +Notice, moreover, is hereby given that it is by law enacted that until +said lands are opened to settlement by proclamation no person shall be +permitted to enter upon and occupy the same, and no person violating +this provision shall be permitted to enter any of said lands or acquire +any right thereto, and that the officers of the United States will be +required to enforce this provision. + +And further notice is hereby given that it has been duly ordered that +the lands mentioned and included in this proclamation shall be, and the +same are, attached to the Western land district, office at Kingfisher, +and the Oklahoma land district, office at Oklahoma City, in said +Territory of Oklahoma, as follows: + +1. All of said lands lying north of the township line between townships +13 and 14 north are attached to the Western land district, the office of +which is at Kingfisher, in said Territory. + +2. All of said lands lying south of the township line between townships +13 and 14 north are attached to the Oklahoma land district, the office +of which is at Oklahoma City, in the said Territory. + +In witness whereof I have hereunto set my hand and caused the seal of +the United States to be affixed. + +[SEAL.] + +Done at the city of Washington, this 12th day of April, A.D. 1892, and +of the Independence of the United States the one hundred and sixteenth. + +BENJ. HARRISON. + +By the President: + JAMES G. BLAINE, + _Secretary of State_. + + + +BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. + +A PROCLAMATION. + +Whereas it is provided by section 13 of the act of Congress of March 3, +1891, entitled "An act to amend Title LX, chapter 3, of the Revised +Statutes of the United States, relating to copyrights," that said act +"shall only apply to a citizen or subject of a foreign state or nation +when such foreign state or nation permits to citizens of the United +States of America the benefit of copyright on substantially the same +basis as its own citizens, or when such foreign state or nation is a +party to an international agreement which provides for reciprocity in +the granting of copyright, by the terms of which agreement the United +States of America may at its pleasure become a party to such agreement;" +and + +Whereas it is also provided by said section that "the existence of +either of the conditions aforesaid shall be determined by the President +of the United States by proclamation made from time to time as the +purposes of this act may require;" and + +Whereas in virtue of said section 13 of the aforesaid act of Congress +a copyright agreement was signed at Washington on January 15, 1892, in +the English and German languages, by the representatives of the United +States of America and the German Empire, a true copy of the English +version of which agreement is, word for word, as follows: + + The President of the United States of America and His Majesty the + German Emperor, King of Prussia, in the name of the German Empire, + being actuated by the desire to extend to their subjects and citizens + the full benefit of the legal provisions in force in both countries + in regard to copyright, have to this end decided to conclude an + agreement and have appointed as their plenipotentiaries: + + The President of the United States of America, James G. Blaine, + Secretary of State of the United States; + + His Majesty the German Emperor, King of Prussia, Alfons Mumm von + Schwarzenstein, his chargé d'affaires near the Government of the United + States of America, who, being duly authorized, have concluded the + following agreement, subject to due ratification: + + ARTICLE I. Citizens of the United States of America shall enjoy in + the German Empire the protection of copyright as regards works of + literature and art, as well as photographs, against illegal + reproduction, on the same basis on which such protection is granted + to subjects of the Empire. + + ART. II. The United States Government engages in return that the + President of the United States shall, in pursuance of section 13 of + the act of Congress of March 3, 1891, issue the proclamation therein + provided for in regard to the extension of the provisions of that act + to German subjects as soon as the Secretary of State shall have been + officially notified that the present agreement has received the + necessary legislative sanction in the German Empire. + + ART. III. This agreement shall be ratified and the ratifications shall + be exchanged at Washington as soon as possible. + + The agreement shall go into operation at the expiration of three weeks + from the date of the exchange of its ratifications, and shall be + applicable only to works not published at the time when it shall have + gone into operation. It shall remain in force until the expiration of + three months from the day on which notice of a desire for the cessation + of its effects shall have been given by one of the contracting parties. + + Done in duplicate in the English and German languages, at the city of + Washington, this 15th day of January, 1892. + + JAMES G. BLAINE. [SEAL.] + A. v. MUMM. [SEAL.] + + +And whereas the official notification contemplated by Article II of the +said agreement has been received by this Government: + +Now, therefore, I, Benjamin Harrison, President of the United States +of America, do declare and proclaim that the first of the conditions +specified in section 13 of the act of March 3, 1891, is now fulfilled +in respect to the subjects of the German Empire. + +In testimony whereof I have hereunto set my hand and caused the seal of +the United States to be affixed. + +[SEAL.] + +Done at the city of Washington, the 15th day of April, 1892, and of the +Independence of the United States the one hundred and sixteenth. + +BENJ. HARRISON. + +By the President: + JAMES G. BLAINE, + _Secretary of State_. + + + +BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. + +A PROCLAMATION. + +Whereas, pursuant to section 3 of the act of Congress approved October +1, 1890, entitled "An act to reduce the revenue and equalize duties on +imports, and for other purposes," the Secretary of State of the United +States of America communicated to the Government of Honduras the action +of the Congress of the United States of America, with a view to secure +reciprocal trade, in declaring the articles enumerated in said section 3 +to be exempt from duty upon their importation into the United States of +America; and + +Whereas the consul-general of Honduras at New York has communicated to +the Secretary of State the fact that, in reciprocity for the admission +into the United States of America free of all duty of the articles +enumerated in section 3 of said act, the Government of Honduras will by +due legal enactment, as a provisional measure and until a more complete +arrangement may be negotiated and put in operation, admit free of all +duty, from and after May 25, 1892, into all the established ports of +entry of Honduras the articles or merchandise named in the following +schedule, provided that the same be the product or manufacture of the +United States: + + + SCHEDULE OF PRODUCTS AND MANUFACTURES FROM THE UNITED STATES WHICH THE + REPUBLIC OF HONDURAS WILL ADMIT FREE OF ALL CUSTOMS, MUNICIPAL, AND ANY + OTHER KIND OF DUTY. + + 1. Animals for breeding purposes. + + 2. Corn, rice, barley, and rye. + + 3. Beans. + + 4. Hay and straw for forage. + + 5. Fruits, fresh. + + 6. Preparations of flour in biscuits, crackers not sweetened, + macaroni, vermicelli, and tallarin. + + 7. Coal, mineral. + + 8. Roman cement. + + 9. Hydraulic lime. + + 10. Bricks, fire bricks, and crucibles for melting. + + 11. Marble, dressed, for furniture, statues, fountains, gravestones, + and building purposes. + + 12. Tar, vegetable and mineral. + + 13. Guano and other fertilizers, natural or artificial. + + 14. Plows and all other agricultural tools and implements. + + 15. Machinery of all kinds, including sewing machines, and separate + or extra parts of the same. + + 16. Materials of all kinds for the construction and equipment of + railroads. + + 17. Materials of all kinds for the construction and operation of + telegraphic and telephonic lines. + + 18. Materials of all kinds for lighting by electricity and gas. + + 19. Materials of all kinds for the construction of wharves. + + 20. Apparatus for distilling liquors. + + 21. Wood of all kinds for building, in trunks or pieces, beams, + rafters, planks, boards, shingles, or flooring. + + 22. Wooden staves, heads, and hoops, and barrels and boxes for + packing, mounted or in pieces. + + 23. Houses of wood or iron, complete or in parts. + + 24. Wagons, carts, and carriages of all kinds. + + 25. Barrels, casks, and tanks of iron for water. + + 26. Tubes of iron and all other accessories necessary for water supply. + + 27. Wire, barbed, and staples for fences. + + 28. Plates of iron for building purposes. + + 29. Mineral ores. + + 30. Kettles of iron for making salt. + + 31. Sugar boilers. + + 32. Molds for sugar. + + 33. Guys for mining purposes. + + 34. Furnaces and instruments for assaying metals. + + 35. Scientific instruments. + + 36. Models of machinery and buildings. + + 37. Boats, lighters, tackle, anchors, chains, girtlines, sails, and all + other articles for vessels, to be used in the ports, lakes, and + rivers of the Republic. + + 38. Printing materials, including presses, type, ink, and all other + accessories. + + 39. Printed books, pamphlets, and newspapers, bound or unbound, maps, + photographs, printed music, and paper for music. + + 40. Paper for printing newspapers. + + 41. Quicksilver. + + 42. Loadstones. + + 43. Hops. + + 44. Sulphate of quinine. + + 45. Gold and silver in bars, dust, or coin. + + 46. Samples of merchandise the duties on which do not exceed $1. + + +It is understood that the packages or coverings in which the articles +named in the foregoing schedule are imported shall be free of duty if +they are usual and proper for the purpose. + +And that the Government of Honduras has further stipulated that the laws +and regulations adopted to protect its revenue and prevent fraud in the +declarations and proof that the articles named in the foregoing schedule +are the product or manufacture of the United States of America shall +impose no additional charges on the importer nor undue restrictions on +the articles imported; and + +Whereas the Secretary of State has, by my direction, given assurance +to the consul-general of Honduras at New York that this action of the +Government of Honduras in granting freedom of duties to the products and +manufactures of the United States of America on their importation into +Honduras and in stipulating for a more complete reciprocity arrangement +is accepted as a due reciprocity for the action of Congress as set forth +in section 3 of said act: + +Now, therefore, be it known that I, Benjamin Harrison, President of the +United States of America, have caused the above-stated modifications of +the tariff laws of Honduras to be made public for the information of the +citizens of the United States of America. + +In testimony whereof I have hereunto set my hand and caused the seal of +the United States to be affixed. + +[SEAL.] + +Done at the city of Washington, this 30th day of April, 1892, and of +the Independence of the United States of America the one hundred and +sixteenth. + +BENJ. HARRISON. + +By the President: + JAMES G. BLAINE, + _Secretary of State_. + + + +BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. + +A PROCLAMATION. + +Whereas, pursuant to section 3 of the act of Congress approved October +1, 1890, entitled "An act to reduce the revenue and equalize duties on +imports, and for other purposes," the Secretary of State of the United +States of America communicated to the Government of Guatemala the action +of the Congress of the United States of America, with a view to secure +reciprocal trade, in declaring the articles enumerated in said section 3 +to be exempt from duty upon their importation into the United States of +America; and + +Whereas the envoy extraordinary and minister plenipotentiary of +Guatemala at Washington has communicated to the Secretary of State the +fact that, in reciprocity for the admission into the United States of +America free of all duty of the articles enumerated in section 3 of said +act, the Government of Guatemala will by due legal enactment of the +National Congress of that Republic admit free of all duty, from and +after the 30th day after the passage of the said act by the Congress of +Guatemala, into all the established ports of entry of that Republic the +articles or merchandise named in the following schedule, provided that +the same be the product or manufacture of the United States: + + + SCHEDULE OF ARTICLES THE PRODUCT OR MANUFACTURE OF THE UNITED STATES + TO BE ADMITTED INTO GUATEMALA FREE OF ALL CUSTOMS DUTIES AND OF ANY + NATIONAL OR MUNICIPAL DUES AND NATIONAL PORT CHARGES. + + 1. Live animals. + + 2. Barley, corn or maize, and rye. + + 3. Corn meal. + + 4. Potatoes, pease, and beans. + + 5. Fresh vegetables. + + 6. Rice. + + 7. Hay and straw for forage. + + 8. Tar, pitch, resin, turpentine, and asphalt. + + 9. Cotton-seed oil and other products of said seed. + + 10. Quicksilver. + + 11. Mineral coal. + + 12. Guano and other fertilizers. + + 13. Lumber and timber, in the rough or prepared for building purposes. + + 14. Houses of wood or iron, complete or in parts. + + 15. Fire bricks, lime, cement, shingles, and tiles of clay or glass + for roofing and construction of buildings. + + 16. Marble in slabs, columns, cornices, door and window frames, + and fountains, and dressed or undressed marble for buildings. + + 17. Piping of clay, glazed or unglazed, for aqueducts and sewers. + + 18. Wire, plain or barbed, for fences, with hooks and staples for same. + + 19. Printed books, bound or unbound; printed music; maps, charts, + and globes. + + 20. Materials for the construction and equipment of railways. + + 21. Materials for electrical illumination. + + 22. Materials expressly for the construction of wharves. + + 23. Anchors and hoisting tackle. + + 24. Railings of cast or wrought iron. + + 25. Balconies of cast or wrought iron. + + 26. Window blinds of wood or metal. + + 27. Iron fireplaces or stoves. + + 28. Machinery, including steam machinery for agriculture and mining, + and separate parts of the same. + + 29. Gold and silver, in bullion, dust, or coin. + + +It is understood that the packages or coverings in which the articles +named in the foregoing schedule are imported shall enter free of duty +if they are usual and proper for the purpose. + +And whereas the Government of Guatemala has further stipulated that the +laws and regulations adopted to protect its revenue and prevent fraud +in the declarations and proof that the articles named in the foregoing +schedule are the product or manufacture of the United States of America +shall impose no undue restrictions on the importer and no additional +charges on the articles imported; and + +Whereas the Secretary of State has, by my direction, given assurance to +the envoy extraordinary and minister plenipotentiary of Guatemala at +Washington that this action of the Government of Guatemala in granting +freedom of duties to the products and manufactures of the United States +of America on their importation into Guatemala, is accepted as a due +reciprocity for the action of Congress as set forth in section 3 of said +act; and + +Whereas the diplomatic representative of the United States of America at +the city of Guatemala has been advised by the Government of Guatemala +of the passage on April 30, 1892, of an act by the National Congress of +that Republic approving the commercial arrangement concluded between the +Governments of the two Republics and of the issue of a decree admitting, +on and after the 30th day of May, 1892, the articles mentioned in the +above schedule being the product or manufacture of the United States of +America into the ports of Guatemala free of all duties whatsoever: + +Now, therefore, be it known that I, Benjamin Harrison, President of the +United States of America, have caused the above-stated modifications of +the tariff laws of Guatemala to be made public for the information of +the citizens of the United States of America. + +In testimony whereof I have hereunto set my hand and caused the seal of +the United States to be affixed. + +[SEAL.] + +Done at the city of Washington, this 18th day of May, 1892, and of the +Independence of the United States of America the one hundred and +sixteenth. + +BENJ. HARRISON. + +By the President: + JAMES G. BLAINE, + _Secretary of State_. + + + +BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. + +A PROCLAMATION. + +Whereas, pursuant to section 3 of the act of Congress approved October +1, 1890, entitled "An act to reduce the revenue and equalize duties on +imports, and for other purposes," the attention of the Government of +Austria-Hungary was called to the action of the Congress of the United +States of America, with a view to secure reciprocal trade, in declaring +the articles enumerated in said section 3 to be exempt from duty upon +their importation into the United States of America; and + +Whereas the minister plenipotentiary of Austria-Hungary at Washington +has communicated to the Secretary of State the fact that, in view of the +act of Congress above cited, the Government of Austria-Hungary has by +due legal enactment authorized the admission, from and after May 25, +1892, into Austria-Hungary of all the articles of merchandise the +product of the United States of America named in the commercial treaties +which Austria-Hungary has celebrated with Germany and other nations on +the terms stated in said treaties; and + +Whereas the Secretary of State has, by my direction, given assurance to +the minister plenipotentiary of Austria-Hungary at Washington that this +action of the Government of Austria-Hungary in granting exemption of +duties to the products and manufactures of the United States of America +on their importation into Austria-Hungary is accepted as a due +reciprocity for the action of Congress as set forth in section 3 of said +act: + +Now, therefore, be it known that I, Benjamin Harrison, President of the +United States of America, have caused the above-stated modifications of +the tariff laws of Austria-Hungary to be made public for the information +of the citizens of the United States of America. + +In testimony whereof I have hereunto set my hand and caused the seal of +the United States to be affixed. + +[SEAL.] + +Done at the city of Washington, this 26th day of May, 1892, and of the +Independence of the United States of America the one hundred and +sixteenth. + +BENJ. HARRISON. + +By the President: + WILLIAM F. WHARTON, + _Acting Secretary of State_. + + + +BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. + +A PROCLAMATION. + +Whereas it is provided by section 24 of the act of Congress approved +March 3, 1891, entitled "An act to repeal timber-culture laws, and for +other purposes"-- + + That the President of the United States may from time to time set + apart and reserve in any State or Territory having public land bearing + forests, in any part of the public lands wholly or in part covered with + timber or undergrowth, whether of commercial value or not, as public + reservations; and the President shall by public proclamation declare + the establishment of such reservations and the limits thereof. + + +And whereas the public lands in the State of Oregon within the limits +hereinafter described are in part covered with timber, and it appears +that the public good would be promoted by setting apart and reserving +said lands as a public reservation: + +Now, therefore, I, Benjamin Harrison, President of the United States, +by virtue of the power in me vested by section 24 of the aforesaid act +of Congress, do hereby make known and proclaim that there is hereby +reserved from entry or settlement and set apart as a public reservation +all those certain tracts, pieces, or parcels of land lying and being +situate in the State of Oregon and particularly described as follows, +to wit: + +Beginning at the northwest corner of section six (6), township one (1) +south, range six (6) east, Willamette meridian; thence easterly on the +base line between townships one (1) north and one (1) south to the +southwest corner of section thirty-two (32), township one (1) north, +range six (6) east; thence northerly on the section line between +sections thirty-one (31) and thirty-two (32) to the northwest corner of +section thirty-two (32); thence easterly on the section line between +sections twenty-nine (29) and thirty-two (32) to the northeast corner of +section thirty-two (32); thence northerly on the section line between +sections twenty-eight (28) and twenty-nine (29) to the northwest corner +of section twenty-eight (28); thence easterly on the section line +between sections twenty-one (21) and twenty-eight (28) to the northeast +corner of section twenty-eight (28); thence northerly on the section +line between sections twenty-one (21) and twenty-two (22) to the +northwest corner of section twenty-two (22); thence easterly on the +section line between sections fifteen (15) and twenty-two (22) and +fourteen (14) and twenty-three (23) to the northeast corner of section +twenty-three (23); thence northerly along the section line between +sections thirteen (13) and fourteen (14) and eleven (11) and twelve (12) +to the northwest corner of section twelve (12); thence easterly on the +section line between sections one (1) and twelve (12) to the northeast +corner of section twelve (12); thence northerly on the eastern boundary +of section one (1) to the northeast corner of section one (1), all of +said sections being in township one (1) north, range six (6) east; +thence easterly to a point for the northeast corner of township one (1) +north, range seven (7) east; thence southerly to a point for the +southeast corner of section one (1), township one (1) north, range +seven (7) east; thence easterly to a point for the northeast corner of +section eight (8), township one (1) north, range eight (8) east; thence +southerly to a point for the northeast corner of section thirty-two (32) +of said township and range; thence easterly to a point for the northeast +corner of section thirty-three (33) of said township and range; thence +southerly to the southeast corner of section thirty-three (33) of said +township and range; thence westerly along the base line to the northwest +corner of section four (4), township one (1) south, range eight (8) +east; thence southerly on the section line between sections four (4) and +five (5) and eight (8) and nine (9) to the southeast corner of section +eight (8); thence easterly along the section line between sections nine +(9) and sixteen (16) to a point for the northeast corner of section +sixteen (16); thence southerly along the section line between sections +fifteen (15) and sixteen (16) to the southeast corner of section sixteen +(16); thence easterly along the section line between sections fifteen +(15) and twenty-two to the northeast corner of section twenty-two (22); +thence southerly between sections twenty-two (22), twenty-three (23), +twenty-six (26), twenty-seven (27), thirty-four (34), and thirty-five +(35) to the southeast corner of section thirty-four (34); thence +easterly along the southern boundary line of sections thirty-five (35) +and thirty-six (36) to the southeast corner of section thirty-six (36), +all of said sections being in township one (1) south, range eight (8) +east; thence southerly to a point for the southeast corner of township +two (2) south, range eight (8) east; thence westerly to the southeast +corner of township two (2) south, range seven (7) east; thence northerly +along the eastern boundary line of sections thirty-six (36), twenty-five +(25), twenty-four (24), and thirteen (13), township two (2) south, range +seven (7) east, to the southeast corner of section twelve (12) of said +township and range; thence westerly along the section line between +sections twelve (12) and thirteen (13), eleven (11) and fourteen (14), +ten (10) and fifteen (15), nine (9) and sixteen (16), eight (8) and +seventeen (17), and seven (7) and eighteen (18), township two (2) south, +range seven (7) east, and sections twelve (12) and thirteen (13), eleven +(11) and fourteen (14), ten (10) and fifteen (15), nine (9) and sixteen +(16), eight (8) and seventeen (17), and seven (7) and eighteen (18), +township two (2) south, range six (6) east, to the southwest corner of +section seven (7) of said township and range; thence northerly along the +western boundary of section seven (7) to the northwest corner of said +section, township two (2) south, range six (6) east; thence westerly on +the section line between sections one (1) and twelve (12), two (2) and +eleven (11), three (3) and ten (10), and four (4) and nine (9) to the +southwest corner of section four (4), township two (2) south, range five +(5) east; thence northerly on the section line between sections four (4) +and five (5) to the northwest corner of section four (4) in said +township and range; thence easterly on the township line between +townships one (1) and two (2) south, range five (5) east, to the +southwest corner of section thirty-five (35), township one (1) south, +range five (5) east; thence northerly on the section line between +sections thirty-four (34), thirty-five (35), twenty-six (26), +twenty-seven (27), twenty-two (22), and twenty-three (23) to the +northwest corner of section twenty-three (23) of said township and +range; thence easterly on the section line between sections fourteen +(14) and twenty-three (23), thirteen (13) and twenty-four (24), to the +northeast corner of section twenty-four (24) of said township and range; +thence northerly along the range line between ranges five (5) and six +(6) east to the place of beginning. + +Excepting from the force and effect of this proclamation all lands which +may have been prior to the date hereof embraced in any legal entry or +covered by any lawful filing duly of record in the proper United States +land office, or upon which any valid settlement has been made pursuant +to law and the statutory period within which to make entry or filing +of record has not expired, and all mining claims duly located and held +according to the laws of the United States and rules and regulations +not in conflict therewith. + +_Provided_, That this exception shall not continue to apply to any +particular tract of land unless the entryman, settler, or claimant +continues to comply with the law under which the entry, filing, +settlement, or location was made. + +Warning is hereby expressly given to all persons not to enter or make +settlement upon the tract of land reserved by this proclamation. + +In witness whereof I have hereunto set my hand and caused the seal of +the United States to be affixed. + +[SEAL.] + +Done at the city of Washington, this 17th day of June, A.D. 1892, and of +the Independence of the United States the one hundred and sixteenth. + +BENJ. HARRISON. + +By the President: + WILLIAM F. WHARTON, +_Acting Secretary of State_. + + + +BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. + +A PROCLAMATION. + +Whereas it is provided by section 24 of the act of Congress approved +March 3, 1891, entitled "An act to repeal timber-culture laws, and for +other purposes"-- + + That the President of the United States may from time to time set + apart and reserve in any State or Territory having public land bearing + forests, in any part of the public lands wholly or in part covered with + timber or undergrowth, whether of commercial value or not, as public + reservations; and the President shall by public proclamation declare + the establishment of such reservations and the limits thereof. + + +And whereas the public lands in the State of Colorado within the limits +hereinafter described are in part covered with timber, and it appears +that the public good would be promoted by setting apart and reserving +said lands as a public reservation: + +Now, therefore, I, Benjamin Harrison, President of the United States, by +virtue of the power in me vested by section 24 of the aforesaid act of +Congress, do hereby make known and proclaim that there is hereby +reserved from entry or settlement and set apart as a public reservation +all those certain tracts, pieces, or parcels of land lying and being +situate in the State of Colorado and particularly described as follows, +to wit: + +Township ten (10) south of ranges sixty-eight (68), sixty-nine (69), and +seventy (70) west; township nine (9) south of ranges sixty-eight (68) +and sixty-nine (69) west; township eight (8) south of range sixty-nine +(69) west, and so much of township ten (10) south of range seventy-one +(71) west, township nine (9) south of range seventy (70) west, township +eight (8) south of range seventy (70) west, and township seven (7) south +of range sixty-nine (69) west as lie to the eastward of the South Platte +River. + +Excepting from the force and effect of this proclamation all lands which +may have been prior to the date hereof embraced in any legal entry or +covered by any lawful filing duly of record in the proper United States +land office, or upon which any valid settlement has been made pursuant +to law and the statutory period within which to make entry or filing of +record has not expired, and all mining claims duly located and held +according to the laws of the United States and rules and regulations not +in conflict therewith. + +_Provided_, That this exception shall not continue to apply to any +particular tract of land unless the entryman, settler, or claimant +continues to comply with the law under which the entry, filing, +settlement, or location was made. + +Warning is hereby expressly given to all persons not to enter or make +settlement upon the tract of land reserved by this proclamation. + +In witness whereof I have hereunto set my hand and caused the seal of +the United States to be affixed. + +[SEAL.] + +Done at the city of Washington, this 23d day of June, A.D. 1892, and of +the Independence of the United States the one hundred and sixteenth. + +BENJ. HARRISON. + +By the President: + WILLIAM F. WHARTON, + _Acting Secretary of State_. + + + +BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. + +A PROCLAMATION. + +_To whom it may concern_: + +Whereas the governor of the State of Idaho has represented to me that +within said State there exist an insurrection and condition of domestic +violence and resistance to the laws to meet and overcome which the +resources at his command are unequal; and + +Whereas he has further represented that the legislature of said State +is not now in session and can not be promptly convened; and + +Whereas by reason of said conditions the said governor, as chief +executive of the State, has called upon me, as Chief Executive of the +Government of the United States, for assistance in repressing said +violence and restoring and maintaining the peace: + +Now, therefore, I, Benjamin Harrison, President of the United States, +by virtue of section 4, Article IV, of the Constitution of the United +States and of the laws of Congress enacted in pursuance thereof, +do hereby command all persons engaged in said insurrection and in +resistance to the laws to immediately disperse and retire peaceably +to their respective abodes. + +In witness whereof I have hereunto set my hand and caused the seal of +the United States to be affixed. + +[SEAL.] + +Done at the city of Washington, this 15th day of July, A.D. 1892, and of +the Independence of the United States the one hundred and seventeenth. + +BENJ. HARRISON. + +By the President: + JOHN W. FOSTER, + _Secretary of State_. + + + +BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. + +A PROCLAMATION. + +Whereas by a joint resolution approved June 29, 1892, it was resolved by +the Senate and House of Representatives of the United States of America +in Congress assembled-- + + That the President of the United States be authorized and directed to + issue a proclamation recommending to the people the observance in all + their localities of the four hundredth anniversary of the discovery of + America, on the 21st of October, 1892, by public demonstrations and by + suitable exercises in their schools and other places of assembly. + + +Now, therefore, I, Benjamin Harrison, President of the United States +of America, in pursuance of the aforesaid joint resolution, do hereby +appoint Friday, October 21, 1892, the four hundredth anniversary of the +discovery of America by Columbus, as a general holiday for the people of +the United States. On that day let the people, so far as possible, cease +from toil and devote themselves to such exercises as may best express +honor to the discoverer and their appreciation of the great achievements +of the four completed centuries of American life. + +Columbus stood in his age as the pioneer of progress and enlightenment. +The system of universal education is in our age the most prominent and +salutary feature of the spirit of enlightenment, and it is peculiarly +appropriate that the schools be made by the people the center of the +day's demonstration. Let the national flag float over every schoolhouse +in the country and the exercises be such as shall impress upon our youth +the patriotic duties of American citizenship. + +In the churches and in the other places of assembly of the people let +there be expressions of gratitude to Divine Providence for the devout +faith of the discoverer and for the divine care and guidance which has +directed our history and so abundantly blessed our people. + +In testimony whereof I have hereunto set my hand and caused the seal of +the United States to be affixed. + +[SEAL.] + +Done at the city of Washington, this 21st day of July, A.D. 1892, and of +the Independence of the United States the one hundred and seventeenth. + +BENJ. HARRISON. + +By the President: + JOHN W. FOSTER, + _Secretary of State_. + + + +BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. + +A PROCLAMATION. + +Whereas by reason of unlawful obstructions, combinations, and +assemblages of persons it has become impracticable, in my judgment, to +enforce by the ordinary course of judicial proceedings the laws of the +United States within the State and district of Wyoming, the United +States marshal, after repeated efforts, being unable by his ordinary +deputies or by any civil posse which he is able to obtain to execute the +process of the United States courts: + +Now, therefore, be it known that I, Benjamin Harrison, President of the +United States, do hereby command all persons engaged in such resistance +to the laws and the process of the courts of the United States to cease +such opposition and resistance and to disperse and retire peaceably to +their respective abodes on or before Wednesday, the 3d day of August +next. + +In witness whereof I have hereunto set my hand and caused the seal of +the United States to be affixed. + +[SEAL.] + +Done at the city of Washington, this 30th day of July, A.D. 1892, and of +the Independence of the United States the one hundred and seventeenth. + +BENJ. HARRISON. + +By the President: + JOHN W. FOSTER, + _Secretary of State_. + + + +BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. + +A PROCLAMATION. + +Whereas by an act of Congress approved July 26, 1892, entitled "An act +to enforce reciprocal commercial relations between the United States and +Canada, and for other purposes," it is provided-- + + That with a view of securing reciprocal advantages for the citizens, + ports, and vessels of the United States, on and after the 1st day + of August, 1892, whenever and so often as the President shall be + satisfied that the passage through any canal or lock connected with the + navigation of the St. Lawrence River, the Great Lakes, or the waterways + connecting the same of any vessels of the United States, or of cargoes + or passengers in transit to any port of the United States, is + prohibited or is made difficult or burdensome by the imposition of + tolls or otherwise which, in view of the free passage through the St. + Marys Falls Canal now permitted to vessels of all nations, he shall + deem to be reciprocally unjust and unreasonable, he shall have the + power, and it shall be his duty, to suspend, by proclamation to that + effect, for such time and to such extent (including absolute + prohibition) as he shall deem just, the right of free passage through + the St. Marys Falls Canal so far as it relates to vessels owned by the + subjects of the government so discriminating against the citizens, + ports, or vessels of the United States or to any cargoes, portions of + cargoes, or passengers in transit to the ports of the government making + such discrimination, whether carried in vessels of the United States or + of other nations. + + In such case and during such suspension tolls shall be levied, + collected, and paid as follows, to wit: Upon freight of whatever kind + or description not to exceed $2 per ton, upon passengers not to exceed + $5 each, as shall be from time to time determined by the President: + _Provided_, That no tolls shall be charged or collected upon freight + or passengers carried to and landed at Ogdensburg, or any port west of + Ogdensburg and south of a line drawn from the northern boundary of the + State of New York through the St. Lawrence River, the Great Lakes, and + their connecting channels to the northern boundary of the State of + Minnesota. + + SEC. 2. All tolls so charged shall be collected under such + regulations as shall be prescribed by the Secretary of the Treasury, + who may require the master of each vessel to furnish a sworn statement + of the amount and kind of cargo and the number of passengers carried + and the destination of the same, and such proof of the actual delivery + of such cargo or passengers at some port or place within the limits + above named as he shall deem satisfactory; and until such proof is + furnished such freight and passengers may be considered to have been + landed at some port or place outside of those limits, and the amount + of tolls which would have accrued if they had been so delivered shall + constitute a lien, which may be enforced against the vessel in default + wherever and whenever found in the waters of the United States. + + +And whereas the government of the Dominion of Canada imposes a toll +amounting to about 20 cents per ton on all freight passing through the +Welland Canal in transit to a port of the United States, and also a +further toll on all vessels of the United States and on all passengers +in transit to a port of the United States, all of which tolls are +without rebate; and + +Whereas the government of the Dominion of Canada, in accordance with +an order in council of April 4, 1892, refunds 18 cents per ton of the +20-cent toll at the Welland Canal on wheat, Indian corn, pease, barley, +rye, oats, flaxseed, and buckwheat upon condition that they are +originally shipped for and carried to Montreal or some port east of +Montreal for export, and that if transshipped at an intermediate point +such transshipment is made within the Dominion of Canada, but allows no +such nor any other rebate on said products when shipped to a port of +the United States or when carried to Montreal for export if transshipped +within the United States; and + +Whereas the government of the Dominion of Canada by said system of +rebate and otherwise discriminates against the citizens of the United +States in the use of said Welland Canal, in violation of the provisions +of Article XXVII of the treaty of Washington concluded May 8, 1871; and + +Whereas said Welland Canal is connected with the navigation of the Great +Lakes, and I am satisfied that the passage through it of cargoes in +transit to ports of the United States is made difficult and burdensome +by said discriminating system of rebate and otherwise and is +reciprocally unjust and unreasonable: + +Now, therefore, I, Benjamin, Harrison, President of the United States of +America, by virtue of the power to that end conferred upon me by said +act of Congress approved July 26, 1892, do hereby direct that from and +after September 1, 1892, until further notice a toll of 20 cents per +ton be levied, collected, and paid on all freight of whatever kind or +description passing through the St. Marys Falls Canal in transit to any +port of the Dominion of Canada, whether carried in vessels of the United +States or of other nations; and to that extent I do hereby suspend from +and after said date the right of free passage through said St. Marys +Falls Canal of any and all cargoes or portions of cargoes in transit +to Canadian ports. + +In testimony whereof I have hereunto set my hand and caused the seal of +the United States to be affixed. + +[SEAL.] + +Done at the city of Washington, this 18th day of August, A.D. 1892, and +of the Independence of the United States of America the one hundred and +seventeenth. + +BENJ. HARRISON. + +By the President: + JOHN W. FOSTER, + _Secretary of State_. + + + +BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. + +A PROCLAMATION. + +Whereas by a written agreement made on the 8th day of December, 1890, +the Crow tribe of Indians, in the State of Montana, agreed to dispose +of and sell to the United States, for certain considerations in said +agreement specified, all that portion of the Crow Indian Reservation +in the State of Montana lying west and south of the following lines, +to wit: + + Beginning in the mid-channel of the Yellowstone River at a point which + is the northwest corner of section No. 36, township No. 2 north of + range 27 east of the principal meridian of Montana; thence running in + a southwesterly direction, following the top of the natural divide + between the waters flowing into the Yellowstone and Clarks Fork rivers + upon the west and those flowing into Pryor Creek and West Pryor Creek + on the east, to the base of West Pryor Mountain; thence due south and + up the north slope of said Pryor Mountain on a true meridian line to a + point 15 miles due north from the established line between Montana and + Wyoming; thence in a due easterly course on a parallel of latitude to a + point where it intersects the mid-channel of the Big Horn River; thence + following up the mid-channel of said river to a point where it crosses + the Montana and Wyoming State line. + + +And whereas it is stipulated in the eleventh clause or section of said +agreement that all lands upon that portion of the reservation by said +agreement ceded which prior to the date thereof had been allotted in +severalty to Indians of the Crow tribe shall be retained and enjoyed by +them; and + +Whereas it is provided in the twelfth clause or section of said +agreement that, in accordance with the provisions of article 6 of the +treaty of May 7, A.D. 1868, said cession of lands shall not be construed +to deprive without his or her consent any individual Indian of the Crow +tribe of his or her right to any tract of land selected by him or her in +conformity with said treaty or as provided by the agreement approved by +Congress April 11, A.D. 1882; and + +Whereas it is further provided in said twelfth clause or section that in +ratifying said agreement the Congress of the United States shall cause +all such lands to be surveyed and certificates duly issued for the same +to said Indians, as provided in the treaty of May 7, 1868, before said +ceded portion of the reservation shall be opened for settlement; and + +Whereas by the thirteenth clause or section of said agreement of +December 8, 1890, it is made a condition of said agreement that it +shall not be binding upon either party until ratified by the Congress of +the United States, and when so ratified that said cession of lands so +acquired by the United States shall not be opened for settlement until +the boundary lines set forth and described in said agreement have been +surveyed and definitely marked by suitable permanent monuments, erected +every half mile wherever practicable, along the entire length of said +boundary line; and + +Whereas said agreement was duly ratified and confirmed by the +thirty-first section of the act of Congress approved March 3, 1891; and + +Whereas it is provided in section 34 of said act of March 3, 1891-- + + That whenever any of the lands acquired by the agreement with said + Crow Indians hereby ratified and confirmed shall by operation of law + or the proclamation of the President of the United States be open to + settlement, they shall, except mineral lands, be disposed of to actual + settlers only under the provisions of the homestead laws, except + section 2301 of the Revised Statutes, which shall not apply: _Provided, + however_, That each settler under and in accordance with the provisions + of said homestead laws shall before receiving a patent for his + homestead pay to the United States for the land so taken by him, in + addition to the fees provided by law, and within five years from the + date of the first original entry, the sum of $1.50 for each acre + thereof, one-half of which shall be paid within two years; and any + person otherwise qualified who has attempted to but for any cause + failed to secure a title in fee to a homestead under existing law, or + who made entry under what is known as the commuted provision of the + homestead law, shall be qualified to make a homestead entry upon any + of said lands in conformity with the provisions of this section; that + any person who may be entitled to the privilege of selecting land in + severalty under the provisions of article 6 of the treaty of May 7, + 1868, with the Crow Indians, and which provisions were continued in + force by the agreement with said Indians ratified and confirmed by + the act of Congress approved April 11, 1882, or any other act or + treaty, shall have the right for a period of sixty days to make such + selections in any part of the territory by said agreement ceded, and + such locations are hereby confirmed: _Provided further_, That all + white persons who located upon said Crow Reservation by reason of an + erroneous survey of the boundary and were afterwards allowed to file + upon their location in the United States land office shall have thirty + days in which to renew their filings, and their locations are hereby + confirmed; and that in all cases where claims were located under the + mining laws of the United States, and such location was made prior to + December 1, 1890, by a locator qualified therefor who believed that he + or she was so locating on lands outside the Crow Indian Reservation, + such locator shall be allowed thirty days within which to relocate the + said mining claims so theretofore located by them within the limits + of the ceded portion of said Crow Indian Reservation, and upon such + relocation such proceedings shall be had as are conformable to law + and in accordance with the provisions of this act. + + +And whereas the boundary lines of said ceded lands have been duly +surveyed and marked as stipulated in the thirteenth clause or section of +said agreement; and + +Whereas a written agreement was concluded with said Crow Indians on the +27th day of August, 1892, under and by virtue of the following clause in +the Indian appropriation act of Congress approved July 13, 1892, to wit: + + * * * To enable the Secretary of the Interior, in his discretion, to + appoint a commission to negotiate with the Crow Indians of Montana for + a modification of the agreement concluded with said Indians December 8, + 1890, and ratified by Congress March 3, 1891, and to pay the necessary + and actual expenses of said commissioners: _Provided_, That no such + modification shall be valid unless assented to by a majority of the + male adult members of the Crow tribe of Indians and be approved by the + Secretary of the Interior. + + +Which said agreement was assented to by a majority of the male adult +members of the Crow tribe of Indians, as attested by their signatures +thereto, and has been duly approved by the Secretary of the Interior; +and + +Whereas it is stipulated and agreed in the first clause or section of +said agreement of August 27, 1892, that the persons named in a schedule +attached to and made a part of said agreement, marked "Schedule A," +include all the members of said Crow tribe who are entitled to the +benefits of the eleventh section of said agreement of December 8, 1890, +and that each of said persons is entitled to the land therein described +as his selection in full satisfaction of his claim under said section; +and that the persons named in a schedule attached to and made a part of +said agreement of August 27, 1892, marked "Schedule B," include all the +members of said tribe who are entitled to the benefits of the twelfth +section of said agreement of December 8, 1890, and of the proviso of the +thirty-fourth section of the act of Congress approved March 3, 1891, +extending the privilege of making selections on the ceded lands for a +period of sixty days, and that each of the said persons therein named is +entitled to retain the tract of land theretofore selected by him within +the limits of the tract of land therein described as containing his +selection of his claim under the said section (or the said proviso); and + +Whereas it is stipulated and agreed by the second clause or section +of said agreement of August 27, 1892, that all lands ceded by said +agreement may be opened to settlement, upon the approval of the said +agreement, by proclamation of the President: + + _Provided_, That all lands within the ceded tract selected or set + apart for the use of individual Indians and described in the aforesaid + Schedules "A" and "B" shall be exempt from cession and shall remain + a part of the Crow Indian Reservation, and shall continue under the + exclusive control of the Interior Department until they shall have been + surveyed and certificates or patents issued therefor as provided in the + agreement of December 8, 1890, or until relinquished or surrendered by + the Indian or Indians claiming the same: _Provided further_, That such + lands shall be described as set forth in Schedules "A" and "B," and + shall be exempted from settlement in the proclamation of the President + opening the ceded lands, and that where lands so set apart are not + described by legal subdivisions then the township or section or tract of + land within whose limits such Indians' selections are located shall not + be opened to settlement until the Indian allotments therein contained + shall have been surveyed and proper evidence of title issued therefor. + + +Now, therefore, I, Benjamin Harrison, President of the United States, +by virtue of the power in me vested by the agreements and statutes +hereinbefore mentioned and by other the laws of the United States, do +hereby declare and make known that all of the lands within that portion +of the Crow Indian Reservation in Montana ceded to the United States +by the said agreement of December 8, 1890, and hereinbefore described, +except those hereinafter mentioned and described, are open to settlement +under the terms of and subject to all the conditions, limitations, +reservations, and restrictions contained in the thirty-fourth section of +the act of Congress approved March 3, 1891, and hereinbefore quoted, and +other laws applicable thereto. + +The lands exempted from the operation of this proclamation, being those +embraced in Schedules "A" and "B" attached to the agreement of August +27, 1892, are described as follows: + + + 1.--SURVEYED LANDS. + + IN TOWNSHIP 1 NORTH, RANGE 26 EAST. + + Fractional section 24; the north half, the east half of southeast + quarter, and west half of southwest quarter of fractional section 25; + fractional section 26; lot 5 of fractional section 34; the north half + of northeast quarter and the northeast quarter of northwest quarter + of section 35; and the northeast quarter of northeast quarter of + section 36. + + IN TOWNSHIP 1 NORTH, RANGE 27 EAST. + + Fractional section 7; lots 1, 2, 3, 4, 5, and 6, the southwest quarter + of northeast quarter, the southeast quarter, and the south half of the + southwest quarter of fractional section 8; the south half of northwest + quarter of section 9; the north half of the northwest quarter and the + southwest quarter of the northwest quarter of section 17; fractional + section 18; the north half and the southwest quarter of section 19. + + IN TOWNSHIP 3 SOUTH, RANGE 24 EAST. + + The north half of the southwest quarter of section 3; the southeast + quarter of the northeast quarter and lots 2, 3, and 4 of section 4; + fractional section 5; the southeast quarter and the south half of the + southwest quarter of section 6; section 7; west half of section 8; + the east half of the northwest quarter and the southwest quarter of + the northwest quarter of section 17; lots 1, 2, 3, 4, 5, and 6, the + northeast quarter of the northeast quarter, the south half of the + northeast quarter, and the southeast quarter of the northwest quarter + and the south half of section 18; lots 1, 3, 4, and 5 and the east half + of southwest quarter, section 19; and lots 1, 2, 3, and 4 in section 30. + + IN TOWNSHIP 4 SOUTH, RANGE 23 EAST. + + Lots 4, 5, 6, 7, 8, 9, and 13, the south half of northwest quarter, the + southeast quarter of southeast quarter, and the northeast quarter of the + southwest quarter, section 1; section 2; the north half, the southeast + quarter, and the north half of southwest quarter, section 3; section 4; + the east half and the southwest quarter of section 8; the north half + and the southwest quarter of section 9; the east half and the southwest + quarter of section n; section 12; the north half, the south half of the + southeast quarter, the east half of the southwest quarter, and lots 1, + 2, and 3 of section 13; the north half, the southeast quarter, and the + south half of the southwest quarter of section 14; the north half of + section 17; the north half, the east half of the southeast quarter, and + the north half of the southwest quarter of section 18; the northwest + quarter of section 19; the east half and the northwest quarter of + section 20; the south half of the northwest quarter of section 22; all + of section 23 except the northwest quarter of northwest quarter; section + 24; lots 2 and 3 in section 25; the north half of northeast quarter, the + northwest quarter, the north half of the southwest quarter, and lots 1, + 2, 5, 6, 7, and 8 of section 26; the south half of the southeast quarter + of section 27; the northwest quarter of section 33; the fractional east + half and the southwest quarter of section 34; lots 2, 3, 4, 5, 6, 7, 9, + and 10 of section 35. + + IN TOWNSHIP 5 SOUTH OF RANGE 23 EAST. + + Lot 5 and southwest quarter of northwest quarter of section 2; lots 1, + 2, 6, 7, 8, 9, 12, and 14 and southeast quarter of southeast quarter + of section 3; the fractional east half, the south half of northwest + quarter, and the southwest quarter of section 4; the south half of the + northeast quarter and the north half of the southeast quarter of section + 7; the south half of the north half and the south half of section 8; + lots 1, 2, 3, 4, 6, 7, and 8 and the west half of section 9; lots 1, 2, + 3, and 4, the west half of the northeast quarter, and the south half of + section 10; the northwest quarter of section 15; section 16; the east + half of the northeast quarter and the south half of section 17; the + northwest quarter of the northeast quarter, the southeast quarter of the + southeast quarter, the west half, and lots 1, 2, 4, and 5, section 20; + the southwest quarter of section 21; the west half of southwest quarter, + section 26; the south half of section 27; the west half of the northeast + quarter, the northwest quarter, and the south half of section 28; lots + 1, 2, 3, 4, 6, and 7, the northwest quarter, the south half of the + southeast quarter, and the west half of the southwest quarter of section + 29; the northeast quarter of northeast quarter, the northeast quarter + of the southeast quarter, and the south half of the southeast quarter + of section 30; the northeast quarter, the northeast quarter of the + northwest quarter, and the southeast quarter of section 31; lots 3, 4, + 5, 6, 9, and 10, the southwest quarter of the southeast quarter, and the + southwest quarter of section 32; lot 1, the north half of the northeast + quarter, and the northwest quarter of section 33; and the west half of + the northeast quarter and the northwest quarter of section 34. + + + 2.--UNSURVEYED LANDS WHICH WHEN SURVEYED WILL BE DESCRIBED AS FOLLOWS: + + IN TOWNSHIP 1 NORTH OF RANGE 15 EAST. + + The southwest quarter of the northwest quarter, the northwest quarter + of the southwest quarter, and the south half of the southwest quarter + of section 27; the southeast quarter of the northeast quarter and the + east half of the southeast quarter of section 28; the east half of the + northeast quarter of section 33; the north half, the north half of the + southeast quarter, and the northeast quarter of the southwest quarter + of section 34; the south half of the north half and the south half of + section 35; and the southwest quarter of the northwest quarter, the + southeast quarter, the north half of the southwest quarter, and the + southwest quarter of the southwest quarter of section 36. + + IN TOWNSHIP 1 NORTH, RANGE 16 EAST. + + The southwest quarter of the southwest quarter of section 31. + + IN TOWNSHIP 1 SOUTH OF RANGE 15 EAST. + + The north half of the north half and the southeast quarter of the + northeast quarter of section 1. + + IN TOWNSHIP 1 SOUTH OF RANGE 16. + + The north half of the northeast quarter and the southwest quarter of + the northwest quarter of section 6, and the southeast quarter of the + northeast quarter of section 24. + + IN TOWNSHIP 1 SOUTH OF RANGE 18 EAST. + + The southeast quarter of the southwest quarter of section 27; the + northwest quarter of the southeast quarter and the south half of the + southeast quarter of section 28; the north half of the northeast quarter + of section 33; and the northeast quarter and the east half of the + northwest quarter of section 34. + + IN TOWNSHIP 1 SOUTH OF RANGE 17 EAST. + + The east half of the northeast quarter, the east half of the northwest + quarter, the southwest quarter of the northwest quarter, the northwest + quarter of the southeast quarter, and the northeast quarter of the + southwest quarter of section 19; the south half of the southeast quarter + and the southeast quarter of the southwest quarter of section 28; and + the north half of the northeast quarter and the northeast quarter of the + northwest quarter of section 33. + + IN TOWNSHIP 1 SOUTH OF RANGE 25 EAST. + + The northeast quarter of the southeast quarter, the south half of the + southeast quarter, and the southeast quarter of the southwest quarter of + section 25, and the northeast Quarter of the northwest quarter and the + west half of section 36. + + IN TOWNSHIP 1 SOUTH OF RANGE 26 EAST. + + The south half of the southeast quarter of section 19; the southeast + quarter, the northeast quarter of the southwest quarter, and the south + half of the southwest quarter of section 20; the west half of the + southwest quarter of section 21; the west half of the northwest quarter + of section 28; the north half and the northwest quarter of the southwest + quarter of section 29; the north half of the northeast quarter, the + southeast quarter of the northeast quarter, the southwest quarter of the + northwest quarter, the north half of the southeast quarter, and the + southwest quarter of section 30. + + IN TOWNSHIP 2 SOUTH OF RANGE 13 EAST. + + The southwest quarter of the northwest quarter and the northwest quarter + of the southwest quarter of section 27; the southeast quarter of the + northeast quarter and the east half of the southeast quarter of section + 28; and the east half, the east half of the northwest quarter, the + northeast quarter of the southeast quarter, and the northeast quarter + of the southwest quarter of section 33. + + IN TOWNSHIP 2 SOUTH OF RANGE 18 EAST. + + The southeast quarter and the east half of the southwest quarter of + section 1. + + IN TOWNSHIP 2 SOUTH OF RANGE 20 EAST. + + The east half, the east half of the northwest quarter, the southwest + quarter of the northwest quarter, and the north half of the southwest + quarter of section 28; the northeast quarter and the north half of + the southeast quarter of section 29; the south half of the northeast + quarter, the north half of the southeast quarter, and the southeast + quarter of the southeast quarter of section 34; the south half of the + north half and the south half of section 35; and the southwest quarter + of the northwest quarter, the northwest quarter of the southeast + quarter, the south half of the southeast quarter, and the southwest + quarter of section 36. + + IN TOWNSHIP 2 SOUTH OF RANGE 21 EAST. + + The west half of the northeast quarter, the northwest quarter of the + southeast quarter, the east half of the west half, and the southwest + quarter of the southwest quarter of section 32. + + IN TOWNSHIP 2 SOUTH OF RANGE 24 EAST. + + The northeast quarter of the southeast quarter and the south half of the + southeast quarter of section 21; the northeast quarter, the north half + of the southeast quarter, and the southwest quarter of section 22; the + west half of the northwest quarter of section 27; the northeast quarter + of section 28; and the northeast quarter, the southeast quarter of the + northwest quarter, the north half of the southeast quarter, and the + southwest quarter of section 29. + + IN TOWNSHIP 3 SOUTH OF RANGE 18 EAST. + + The west half of section 14; the west half of the northeast quarter and + the east half of the northwest quarter of section 23; the southwest + quarter of the northeast quarter, the southeast quarter of the northwest + quarter, the northwest quarter of the southeast quarter, and the + northeast quarter of the southwest quarter of section 31; the northeast + quarter, the south half of the northwest quarter, and the north half of + the southwest quarter of section 32; the south half of the northeast + quarter and the southeast quarter of section 33; the southwest quarter + of the northeast quarter and the south half of the northwest quarter, + the west half of the southeast quarter, and the southwest quarter of + section 34; the south half of section 35; and the southeast quarter of + the northeast quarter and the southeast quarter of section 36. + + IN TOWNSHIP 3 SOUTH OF RANGE 19 EAST. + + The northeast quarter, the north half of the southeast quarter, the + southwest quarter of the southeast quarter, and the east half of the + southwest quarter of section 12; the northwest quarter of section 29; + the east half of the northeast quarter, the southwest quarter of the + northeast quarter, the southeast quarter of the northwest quarter, and + the south half of section 30; and the southwest quarter of the northwest + quarter and the west half of the southwest quarter of section 31. + + IN TOWNSHIP 3 SOUTH OF RANGE 20 EAST. + + The northeast quarter, the north half of the northwest quarter, the + southeast quarter of the northwest quarter, and the northeast quarter + of the southeast quarter of section 1; the north half of the northeast + quarter and the northeast quarter of the northwest quarter of section 2; + the north half of the northwest quarter, the southwest quarter of the + northwest quarter, and the west half of the southwest quarter of section + 5; the southeast quarter of the northeast quarter, the southeast + quarter, and the southeast quarter of the southwest quarter of section + 6; and the west half of the northeast quarter and the northwest quarter + of section 7. + + IN TOWNSHIP 3 SOUTH OF RANGE 21 EAST. + + The northwest quarter of the southwest quarter and the south half of the + southwest quarter of section 5; the east half of the southeast quarter + and the west half of section 6; the northeast quarter of the northeast + quarter of section 7; and the north half of the northwest quarter of + section 8. + + IN TOWNSHIP 3 SOUTH OF RANGE 23 EAST. + + The southeast quarter of the northeast quarter and the east half of + the southeast quarter of section 12; the east half of section 13; the + southeast quarter of the southeast quarter of section 23; the southeast + quarter of the northeast quarter, the east half of the southeast + quarter, and the southwest quarter of the southwest quarter of section + 24; the east half of the east half, the west half of the northwest + quarter, and the southwest quarter of section 25; the northeast quarter + of the southeast quarter and the south half of the southeast quarter + of section 26; the south half of the south half of section 34; the + northeast quarter, the north half of the southeast quarter, the + southwest quarter of the southeast quarter, and the south half of + the southwest quarter of section 35; and the northwest quarter of + section 36. + + IN TOWNSHIP 4 SOUTH OF RANGE 18 EAST. + + The northwest quarter of the northeast quarter and the north half of the + northwest quarter of section 3; the north half of the northeast quarter + of section 4; the southeast quarter of the southwest quarter of section + 13; the west half of the northeast quarter, the east half of the + northwest quarter, the southeast quarter, and the northeast quarter of + the southwest quarter of section 24; the northeast quarter, the north + half of the southeast quarter, the southwest quarter of the southeast + quarter, and the southwest quarter of section 25; the south half of the + southeast quarter of section 29; the northwest quarter of the northeast + quarter and the northeast quarter of the northwest quarter of section + 32; the northeast quarter of the northeast quarter, the northwest + quarter, the northeast quarter of the southeast quarter, and the south + half of the southeast quarter of section 35; and the west half of the + northeast quarter, the northwest quarter, and the northwest quarter of + the southwest quarter of section 36. + + IN TOWNSHIP 6 SOUTH OF RANGE 18 EAST. + + The east half of the southeast quarter and the southwest quarter of the + southeast quarter of section 20, and the west half of the northeast + quarter, the northeast quarter of the northwest quarter, and the south + half of the northwest quarter of section 29. + + IN TOWNSHIP 6 SOUTH OF RANGE 19 EAST. + + The northeast quarter, the east half of the northwest quarter, the + southwest quarter of the northwest quarter, the north half of the + southeast quarter, and the northwest quarter of the southwest quarter + of section 15; the southeast quarter of the northwest quarter and the + northeast quarter of the southwest quarter of section 16; the south half + of the northeast quarter and the north half of the southeast quarter of + section 19; and the south half of the northwest quarter and the north + half of the southwest quarter of section 20. + + IN TOWNSHIP 6 SOUTH OF RANGE 23 EAST. + + The north half of the northwest quarter and the north half of the + southeast quarter of section 5; the south half of the southeast quarter + of section 8; section 17; and the west half of the northwest quarter of + section 16. + + + 3.--TOWNSHIPS, SECTIONS, OR TRACTS OF LAND WITHIN WHICH INDIAN + SELECTIONS ARE LOCATED. + + TRACT 1. + + Beginning at a point in the mid-channel of the Yellowstone River 1-1/2 + miles below the mouth of the Clarks Fork River; thence running in a + southwesterly direction along a line parallel to and 1-1/2 miles distant + from the mid-channel of the Clarks Fork River to the south line of + township 2 south of range 24 east; thence west along said township line + to the mid-channel of the Clarks Fork River; thence northeast along + the mid-channel of the Clarks Fork River to the mid-channel of the + Yellowstone River; thence northeast along the mid-channel of said river + to the point of beginning. + + TRACT 2. + + All that part of township 2 south of range 24 east lying south of the + Yellowstone River and west of the Clarks Fork River. + + TRACT 3. + + Sections 29, 31, and 32, township 5 south of range 21 east; sections 5, + 6, 7, 8, 17, and 18, township 6 south of range 21 east; and sections 1, + 2, 11, 12, 13, and 14, township 6 south of range 20 east. + + TRACT 4. + + Beginning at a point in the mid-channel of the Yellowstone River + opposite the mouth of Duck Creek; thence running in a southwesterly + direction along the mid-channel of the Yellowstone River to a point + 1-1/2 miles below the mouth of the Clarks Fork River; thence in a + southwesterly direction along a line parallel to and 1-1/2 miles distant + from the mid-channel of the said Clarks Fork River to a point 1-1/2 + miles due south of the mid-channel of the said Yellowstone River; thence + running in a northeasterly direction along a line parallel to and 1-1/2 + miles distant from the mid-channel of the Yellowstone River to the + mid-channel of Duck Creek; thence in a northerly direction along the + mid-channel of Duck Creek to the point of beginning. + + TRACT 5. + + All that part of townships 2 and 3 south of range 23 lying south of the + mid-channel of the Yellowstone River and north of a line running + parallel thereto and 1-1/2 miles distant therefrom. + + TRACT 6. + + Beginning in the mid-channel of the main or West Fork of Red Lodge Creek + at the point where it intersects the line known as the line of the Blake + survey, and which was formerly supposed to be the south boundary of the + Crow Indian Reserve; thence running due east along the lines of said + Blake survey for a distance of 1 mile; thence running northeasterly + along a line parallel to and 1 mile from the mid-channel of the said + West Fork of said Red Lodge Creek for a distance of 10 miles; thence due + west to the mid-channel of the said West Fork of said Red Lodge Creek; + thence southwesterly along the mid-channel of the said West Fork of said + creek to the place of beginning. + + TRACT 7. + + Townships 4 south of ranges 21 and 22 east. + + TRACT 8. + + All that part of the east half of township 1 south of range 26 east + lying south of the Yellowstone River, and all that part of the west + half of township 1 south of range 27 east lying south of the + Yellowstone River. + + TRACT 9. + + Section 14, township 3 south of range 19 east. + + TRACT 10. + + Beginning in the mid-channel of the main or West Fork of Red Lodge Creek + at the point where it intersects the line known as the line of the Blake + survey, and which was formerly supposed to be the south boundary of the + Crow Indian Reserve; thence running due east along the line of said + Blake survey for a distance of 1 mile; thence running northeasterly + along a line parallel to and 1 mile from the mid-channel of the said + West Fork of said Red Lodge Creek for a distance of 10 miles; thence due + west to the mid-channel of the said West Fork of said Red Lodge Creek; + thence southwesterly along the mid-channel of the said West Fork of said + Red Lodge Creek to the place of beginning. + + +In witness whereof I have hereunto set my hand and caused the seal of +the United States to be affixed. + +[SEAL.] + +Done at the city of Washington, this 15th day of October, A.D. 1892, and +of the Independence of the United States the one hundred and +seventeenth. + +BENJ. HARRISON. + +By the President: + JOHN W. FOSTER, + _Secretary of State_. + + + +BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. + +A PROCLAMATION. + +Whereas it is provided by section 13 of the act of Congress of March 3, +1891, entitled "An act to amend Title LX, chapter 3, of the Revised +Statutes of the United States, relating to copyrights," that said act +"shall only apply to a citizen or subject of a foreign state or nation +when such foreign state or nation permits to citizens of the United +States of America the benefit of copyright on substantially the same +basis as its own citizens, or when such foreign state or nation is a +party to an international agreement which provides for reciprocity in +the granting of copyright, by the terms of which agreement the United +States of America may at its pleasure become a party to such agreement;" +and + +Whereas it is also provided by said section that "the existence of +either of the conditions aforesaid shall be determined by the President +of the United States by proclamation made from time to time as the +purposes of this act may require;" and + +Whereas satisfactory official assurances have been given that in Italy +the law permits to citizens of the United States the benefit of +copyright on substantially the same basis as to the subjects of Italy: + +Now, therefore, I, Benjamin Harrison, President of the United States +of America, do declare and proclaim that the first of the conditions +specified in section 13 of the act of March 3, 1891, now exists and +is fulfilled in respect to the subjects of Italy. + +In testimony whereof I have hereunto set my hand and caused the seal of +the United States to be affixed. + +[SEAL.] + +Done at the city of Washington, this 31st day of October, 1892, and of +the Independence of the United States the one hundred and seventeenth. + +BENJ. HARRISON. + +By the President: + JOHN W. FOSTER, + _Secretary of State_. + + + +BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. + +A PROCLAMATION. + +The gifts of God to our people during the past year have been so +abundant and so special that the spirit of devout thanksgiving awaits +not a call, but only the appointment of a day when it may have a common +expression. He has stayed the pestilence at our door; He has given us +more love for the free civil institutions in the creation of which +His directing providence was so conspicuous; He has awakened a deeper +reverence for law; He has widened our philanthropy by a call to succor +the distress in other lands; He has blessed our schools and is bringing +forward a patriotic and God-fearing generation to execute His great and +benevolent designs for our country; He has given us great increase in +material wealth and a wide diffusion of contentment and comfort in the +homes of our people; He has given His grace to the sorrowing. + +Wherefore, I, Benjamin Harrison, President of the United States, do call +upon all our people to observe, as we have been wont, Thursday, the 24th +day of this month of November, as a day of thanksgiving to God for His +mercies and of supplication for His continued care and grace. + +In testimony whereof I have hereunto set my hand and caused the seal of +the United States to be affixed. + +[SEAL.] + +Done at the city of Washington, this 4th day of November, 1892, and of +the Independence of the United States the one hundred and seventeenth. + +BENJ. HARRISON. + +By the President: + JOHN W. FOSTER, + _Secretary of State_. + + + + +EXECUTIVE ORDERS. + + +AMENDMENT OF CIVIL-SERVICE RULES. + +JANUARY 20, 1892. + +Special Departmental Rule No. 1 is hereby amended by adding at the end +of paragraph 10 the following: "and elevator conductors;" so that as +amended the paragraph will read: + + In all the Departments: Bookbinders and elevator conductors. + + +BENJ. HARRISON. + + + +AMENDMENT OF CIVIL-SERVICE RULES. + +UNITED STATES CIVIL SERVICE COMMISSION, + _Washington, D.C., January 12, 1892_. + +The PRESIDENT. + +SIR: We have the honor to recommend that Executive orders heretofore +issued designating the places to be filled by noncompetitive examination +under clause (_d_) of section 2 of General Rule III be amended so as +to include among those places, in all the Departments where authorized +by law and employed, "captains of the watch" and "lieutenants of the +watch." The captains and lieutenants of the watch in the Treasury +Department and the captain of the watch in the Post-Office Department +are now included in this category, and the object of this recommendation +is to place all the Departments on the same footing with respect to +these places. + +The occasion for the recommendation at this time is the receipt by +this Commission of a request from the Secretary of the Interior for a +noncompetitive examination of a person named by him for appointment as +captain of the watch in the Interior Department. + +The place is now subject to competitive examination, but the Commission +sees no good reason why one rule should not apply to all the +Departments; hence this recommendation. + +If you approve the recommendation, your indorsement of approval on this +letter and its return to the Commission is requested. As it is not a +change of rule, it does not require to go to the Department of State for +record. We have the honor to be, your obedient servants, + +CHAS. LYMAN, + HUGH S. THOMPSON, + _Commissioners_. + + + +EXECUTIVE MANSION, _January 25, 1892_. + +The within recommendation is approved. + +BENJ. HARRISON. + + + +AMENDMENTS OF CIVIL-SERVICE RULES. + +FEBRUARY 23, 1892. + +Indian Rule VI is hereby amended by inserting after the word +"appointment" the following: "from one agency to another;" so that as +amended the rule will read: + + Subject to the conditions stated in Rule IV, transfers may be made + after absolute appointment from one agency to another, from one school + to another, and from one district to another, under such regulations as + the Commissioner of Indian Affairs, with the approval of the Secretary + of the Interior, may prescribe. + + +Indian Rule IV, section 1, clause (_b_), is hereby amended by inserting +after the word "averages" the following: "who have not been three +times certified;" so that as amended the clause will read: + + If fitness for the vacant place is tested by competitive examination, + the Commission shall certify from the proper register of the district + in which the vacancy exists the names of the three eligibles thereon, + of the sex called for, having the highest averages, who have not been + three times certified: _Provided_, That the eligibles upon any register + who have been allowed preference under section 1754 of the Revised + Statutes shall be certified, according to their grade, before all other + eligibles thereon: _And provided further_, That if the vacancy is in + the grade of matron or teacher, and the wife of the superintendent of + the school in which the vacancy exists is an eligible, she may be given + preference in certification if the appointing officer so requests. + + +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. + + +Section 3102 of the Revised Statutes is also related to this subject, +and is as follows: + + To avoid the inspection at the first port of arrival, the owner, + agent, master, or conductor of any such vessel, car, or other vehicle, + or owner, agent, or other person having charge of any such merchandise, + baggage, effects, or other articles, may apply to any officer of + the United States duly authorized to act in the premises to seal or + close the same, under and according to the regulations hereinafter + authorized, previous to their importation into the United States, which + officer shall seal or close the same accordingly; whereupon the same + may proceed to their port of destination without further inspection. + Every such vessel, car, or other vehicle shall proceed without + unnecessary delay to the port of its destination, as named in the + manifest of its cargo, freight, or contents, and be there inspected. + Nothing contained in this section shall be construed to exempt such + vessel, car, or vehicle, or its contents, from such examination as + may be necessary and proper to prevent frauds upon the revenue and + violations of this title. + + +It will be noticed that section 3005 does not provide for the transit of +merchandise through our territory from Canada to ports of the United +States for export, nor have I been able to find any other law now in +force that does provide for such transit. It would seem, therefore, that +as to this concession made by the United States in Article XXIX of the +treaty, legislation to put it into force was necessary, and that there +is no such legislation unless section 3 of the act of 1873 was saved by +the amendment to the joint resolution abrogating the fisheries articles +and Article XXX, limiting the repeal to so much of said act as "relates +to the articles of said treaty so to be terminated." The joint +resolution certainly did not repeal section 3, and if that section has +ceased to be operative it is by virtue of the limitation contained in +the section itself. I think it did expire by its own express limitation. + +The question has presented itself whether section 3 of the act of 1873 +(U.S. Revised Statutes, sec. 2866) repealed by implication that section +of the act of July, 1866, which is now section 3005 of the Revised +Statutes; but I am of the opinion that the last-named section was not +repealed. Section 3 of the act of 1873 was expressly intended to carry +into effect a treaty obligation and was limited as to time. It contained +no express repeal of the act of 1866, and while its provisions were +broader than the last-named act, they were not inconsistent, save in the +provision that while the act of 1873 was in force the additional ports +in the United States at which Canadian goods might be received were +to be designated by the President, whereas under the act of 1866 the +designation was by the Secretary of the Treasury. The last-named act +related also to intercourse with Mexico, and I think was unaffected +by the act of 1873. + +It will be seen that the law permits merchandise arriving at the ports +of New York, Boston, Portland in Maine, and at other ports specially +designated by the Secretary of the Treasury, for places in the adjacent +British Provinces, to be entered at the custom-house of the port where +it is landed and conveyed through the territory of the United States +without the payment of duty, under regulations to be prescribed by the +Secretary of the Treasury. As these goods come immediately and fully +under the inspection of our customs officers at the principal ports, are +entered there and remain until they cross our border into Canada fully +under our supervision, there is little or no danger involved to our +revenue. The regulations prescribed by the Treasury for conducting this +traffic seem to me to be adequate. + +As to merchandise imported into the United States from a contiguous +foreign country, it is provided by section 3102 that the inspection at +the first port of arrival in the United States may be avoided if the +vehicle in which the same arrives has been sealed or closed by some +officer of the United States duly authorized at some point in the +contiguous country. When the act of closing or sealing conformably +to the regulations of the Treasury has been effected, the car or +other vehicle may proceed without unnecessary delay to the port of +its destination, as named in the manifest of its cargo, freight, or +contents, and be there inspected. This privilege, however, is subject +to such examination at the point of entry to the United States as may +be necessary to prevent fraud. It is important to be noticed that the +merchandise to which this section refers is described in section 3100 as +merchandise, etc., "imported into the United States from any contiguous +foreign country." + +A practice has grown up, and a traffic of considerable dimensions +under it, of allowing merchandise from China and Japan, purchased and +imported from those countries by our own citizens and landed at ports +in the Dominion of Canada, to be there loaded into cars, which, being +sealed by an officer of the United States or some one supposed to +represent him, are forwarded through the territory of Canada, across +the entire continent, and allowed to cross our frontier without other +inspection than an examination of the seals. The real fact is that the +American consul can not and does not either compare the manifest with +the contents of the cars or attach the seals. The agents of the +transportation companies are furnished by the consul with the seals and +place them upon the cars. The practice of sealing such merchandise, +notwithstanding it has been allowed by the Treasury for some years, +I think is unauthorized. Such merchandise is not imported from a +"contiguous country," but from China and Japan. + +It has never become subject to the Canadian revenue laws as an +importation from Japan to Canada, but by force of the treaty or by the +courtesy of that government has been treated as subject to the revenue +laws of the United States from the time of landing at the Canadian port. +Our Treasury seal has been placed upon it; Canada only gives it passage. +It is no more an importation from Canada than is a train load of wheat +that starts from Detroit and is transported through Canada to another +port of the United States. Section 3102 was enacted in 1864, two years +before sections 3005 and 3006, and could not have had reference to the +later methods of importing merchandise through one country to the other. + +The practice to which I have referred not only equalizes the advantages +of Canadian seaports with our own in the importation of goods for our +domestic consumption, but makes the Canadian ports favored ports of +entry. The detentions under this system at the Canadian ports are less +than when the merchandise is landed at a port of the United States to be +forwarded in bond to another port therein. Full effect should be given +to section 3102 as to merchandise imported into the United States from +Canada, so far as the appropriations enable the Treasury to provide the +officers to do the work of closing and sealing. It will, however, be +required that all this kind of work be done, and carefully done, by +an officer of the United States, and that the duty shall in no case +be delegated to the employees of the transportation companies. The +considerations that it is quite doubtful whether a fraud committed in +Canada by one of our agents upon our revenue would be punishable in our +courts, and that such a fraud committed by anyone else certainly would +not be, and that even if such acts are made penal by our statutes +the criminal would be secure against extradition, seem to me to be +conclusive against the policy of attempting to maintain such revenue +agents in Canadian territory. + +I come now to discuss another element of this international traffic, +namely, the transportation of merchandise from one "port" in the United +States to another "port" therein over the territory of Canada. This +traffic is enormous in its dimensions, and very great interests have +grown up in the United States in connection with it. Section 3006 +authorizes this traffic, subject to "such rules, regulations, and +conditions as the Secretary of the Treasury may prescribe;" but the +important limitation is from "port" to "port." Section 3007 of the +Revised Statutes, which exempts sealed cars from certain fees, preserves +the terms of the preceding section--from "port" to "port." It seems to +me that sections 3006 and 3007 contemplate the delivery of the sealed +cars at a "port" of the United States, there to be examined by a revenue +officer and their contents verified; but in practice the car, if the +seal is found at the border to be intact, is passed to places not +"ports" and is opened and unloaded by the consignee, no officer being +present. The bill or manifest accompanying the merchandise and the +unbroken seal on the car may furnish _prima facie_ evidence that the +amount and kind of merchandise named in the manifest and said to be +contained in the car came from a port in the United States, but +certainly it was not intended that the merchandise should go to the +owner without an official ascertainment of the correspondence between +the bill and the actual contents of the car. + +I pass at this point any discussion of the question whether as a +national policy this traffic should be promoted. It is enough to say +that as the law stands it is authorized between "ports" of the United +States, and that the rules, regulations, and conditions to be prescribed +by the Secretary of the Treasury must not, in view of this declaration +of the legislative will, be further restrictive of the traffic than may +reasonably be necessary to protect the revenues of the United States. +In determining whether further regulations are reasonably necessary to +prevent frauds against our revenue it is not conclusive, at least, to +say that frauds against the revenue under the existing system have not +been discovered. The question is, Are the regulations such as to provide +proper safeguards against fraud, or are they such as to make fraud easy +to those who have the disposition to commit it? If all cars carrying +this merchandise are carefully and honestly inspected at the point of +lading and are securely closed during the transit, the revenue would be +secure, for the proper lading of these cars is not subject to duty. +Frauds can only be perpetrated by introducing products not subject to +free entry. In practice the seals and locks provided by the Treasury +Department do not give security that these cars, in the long transit in +which they are free from observation by officers of the revenue, may not +be opened and dutiable merchandise added. + +The duplication of the seals used, composed of wire and lead, is easy, +and the opening of locks scarcely less so. If, however, the cars, when +they arrive in the United States, either at the point where our boundary +is crossed or at some other port of the United States, were subject to +the inspection of a revenue officer before the delivery to the consignee +or owner, the manifest could be verified. The inspection, however, is +now limited to an examination of the lock or seal. The car is not +weighed or opened to verify its contents. I do not think this is an +adequate protection against the surreptitious introduction into the +cars, while on foreign territory, of dutiable articles. It will be seen +by the letter of the Secretary of the Treasury that grain the product +of the United States is now largely transported in American vessels to +Canadian lake ports, and after being there placed in elevators is sent +east in cars sealed by agents of the Treasury. + +No observation is taken of this grain until its arrival in Canada, where +only the amount and grade are noted by a Treasury agent, and a like +amount in grade and quantity (though it may be not the identical grain) +is by such agent billed and sealed in cars for carriage to the United +States. I do not find any statute authorizing this practice. Section +3006, which authorizes this interstate trade through Canada, is limited +to merchandise passing from "port" to "port" of the United States, and +plainly means that such merchandise shall be taken up by our revenue +officers at a "port" of the United States as a starting point. + +The following are the conclusions at which I have arrived: + +First. That Article XXIX of the treaty of Washington has been abrogated. + +Second. That even if this article were in force there is no law in force +to execute it. + +Third. That when in force the treaty imposed no obligation upon the +United States to use the concessions as to transit made by Canada, and +no limitation upon the powers of the United States in dealing with +merchandise imported for the use of our citizens through Canadian ports +or passing from one place in the United States to another through +Canada, upon the arrival of such merchandise at our border. + +Fourth. That therefore, treaty or no treaty, the question of sealing +cars containing such merchandise and the treatment of such sealed cars +when they cross our border is and always has been one to be settled by +our laws, according to our convenience and our interests as we may see +them. + +Fifth. That the law authorizing the sealing of cars in Canada containing +foreign merchandise imported from a contiguous country does not apply to +merchandise imported by our own people from countries not contiguous and +carried through Canada for delivery to such owners. + +Sixth. That the law did not contemplate the passing of sealed cars to +any place not a "port," nor the delivery of such cars to the owner or +consignee, to be opened by him without the supervision of a revenue +officer. + +Seventh. That such a practice is inconsistent with the safety of the +revenue. + +The statutes relating to the transportation of merchandise between +the United States and the British possessions should be the subject +of revision. The Treasury regulations have given to these laws a +construction and a scope that I do not think was contemplated by +Congress. A policy adapted to the new conditions, growing in part out of +the construction of the Canadian Pacific Railroad, should be declared, +and the business placed upon a basis more just to our people and to our +transportation companies. + +If we continue the policy of supervising rates and requiring that they +shall be equal and reasonable upon the railroads of the United States, +we can not in fairness at the same time give these unusual facilities +for competition to Canadian roads that are free to pursue the practices +as to cut rates and favored rates that we condemn and punish if +practiced by our own railroads. + +I regret that circumstances prevented an earlier examination by me of +these questions, but submit now these views in the hope that they may +lead to a revision of the laws upon a safer and juster basis. + +I transmit herewith the correspondence between the Secretary of the +Treasury and the Attorney-General upon some phases of this question. + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _February 6, 1893_. + +_To the Senate and House of Representatives_: + +I transmit herewith, for the consideration of Congress, a communication +from the Secretary of the Interior, dated 4th instant, accompanied by an +agreement concluded by and between the Turtle Mountain Indians and the +commission appointed under the provisions of the Indian appropriation +act of July 13, 1892, to negotiate with the Turtle Mountain band of +Chippewa Indians in North Dakota for the cession and relinquishment to +the United States of whatever right or interest they have in and to any +and all lands in said State to which they claim title, and for their +removal to and settlement upon lands to be hereafter selected and +determined upon by the Secretary of the Interior upon the recommendation +of the proposed commissioners, subject to the approval of Congress. + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _Washington, February 6, 1893_. + +_To the Senate_: + +I transmit herewith, as desired by the resolution of the Senate of the +4th instant, a report from the Secretary of State of the 6th instant, +with its accompanying correspondence, in relation to the draft of an +uncompleted treaty with Hawaii made in 1854. + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _Washington, D.C., February 8, 1893_. + +_To the Senate and House of Representatives_: + +I transmit herewith the eighth annual report of the Commissioner of +Labor. This report relates to industrial education in the United States +and foreign countries. + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _Washington, D.C., February 14, 1893_. + +_To the Senate and House of Representatives_: + +I transmit herewith a special report of the Commissioner of Labor +relating to compulsory insurance of workingmen in Germany and other +countries. + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _February 14, 1893_. + +_To the Senate and House of Representatives_: + + +I transmit herewith a communication of the 13th instant from the +Secretary of the Interior, transmitting copy of reports of Lieutenants +Brown, Gurovits, and Suplee, United States Army, who were charged +with the duty of inspecting the Navajo country, so that the Interior +Department could be advised as to the practicability of restraining the +Navajoes within their present reservations and of furnishing irrigation +and water for their flocks, together with report of the Commissioner of +Indian Affairs upon the matter with draft of an item of appropriation +to carry the same into effect. + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _Washington, February 15, 1893_. + +_To the Senate_: + +I transmit herewith, with a view to its ratification, a treaty of +annexation concluded on the 14th day of February, 1893, between John W. +Foster, Secretary of State, who was duly empowered to act in that behalf +on the part of the United States, and Lorin A. Thurston, W.R. Castle, +W.C. Wilder, C.L. Carter, and Joseph Marsden, the commissioners on the +part of the Government of the Hawaiian Islands. The provisional treaty, +it will be observed, does not attempt to deal in detail with the +questions that grow out of the annexation of the Hawaiian Islands to the +United States. The commissioners representing the Hawaiian Government +have consented to leave to the future and to the just and benevolent +purposes of the United States the adjustment of all such questions. + +I do not deem it necessary to discuss at any length the conditions which +have resulted in this decisive action. It has been the policy of the +Administration not only to respect but to encourage the continuance of +an independent government in the Hawaiian Islands so long as it afforded +suitable guaranties for the protection of life and property and +maintained a stability and strength that gave adequate security against +the domination of any other power. The moral support of this Government +has continually manifested itself in the most friendly diplomatic +relations and in many acts of courtesy to the Hawaiian rulers. + +The overthrow of the monarchy was not in any way promoted by this +Government, but had its origin in what seems to have been a reactionary +and revolutionary policy on the part of Queen Liliuokalani, which put +in serious peril not only the large and preponderating interests of the +United States in the islands, but all foreign interests, and, indeed, +the decent administration of civil affairs and the peace of the islands. +It is quite evident that the monarchy had become effete and the Queen's +Government so weak and inadequate as to be the prey of designing and +unscrupulous persons. The restoration of Queen Liliuokalani to her +throne is undesirable, if not impossible, and unless actively supported +by the United States would be accompanied by serious disaster and the +disorganization of all business interests. The influence and interest of +the United States in the islands must be increased and not diminished. + +Only two courses are now open--one the establishment of a protectorate +by the United States, and the other annexation full and complete. I +think the latter course, which has been adopted in the treaty, will be +highly promotive of the best interests of the Hawaiian people, and is +the only one that will adequately secure the interests of the United +States. These interests are not wholly selfish. It is essential that +none of the other great powers shall secure these islands. Such a +possession would not consist with our safety and with the peace of the +world. This view of the situation is so apparent and conclusive that no +protest has been heard from any government against proceedings looking +to annexation. Every foreign representative at Honolulu promptly +acknowledged the Provisional Government, and I think there is a general +concurrence in the opinion that the deposed Queen ought not to be +restored. + +Prompt action upon this treaty is very desirable. If it meets the +approval of the Senate, peace and good order will be secured in the +islands under existing laws until such time as Congress can provide +by legislation a permanent form of government for the islands. This +legislation should be, and I do not doubt will be, not only just to the +natives and all other residents and citizens of the islands, but should +be characterized by great liberality and a high regard to the rights of +all people and of all foreigners domiciled there. The correspondence +which accompanies the treaty will put the Senate in possession of all +the facts known to the Executive. + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _Washington, February 16, 1893_. + +_To the Senate_: + +I transmit herewith a letter from the Secretary of State of the 15th +instant, covering a report, with accompanying correspondence, respecting +relations between the United States and the Hawaiian Islands from +September, 1820, to January, 1893. + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _Washington, February 20, 1893_. + +_To the Senate of the United States_: + +I transmit herewith a report submitted by the Acting Secretary of State +in response to the resolution of the Senate of February 2 last, relating +to the building of the Ozama River bridge at Santo Domingo City by +American citizens. + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _Washington, February 21, 1893_. + +_To the Senate and House of Representatives_: + +I transmit herewith a communication of the Secretary of State, +transmitting the official report of the American delegates to the +International Monetary Conference convened at Brussels on November 22, +1892, with its accompaniments. + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _February 25, 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. 3811) +entitled "An act to amend an act entitled 'An act to grant to the Mobile +and Dauphin Island Railroad and Harbor Company the right to trestle +across the shoal water between Cedar Point and Dauphin Island,' approved +September 26, 1890." + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _Washington, February 27, 1893_. + +_To the Senate and House of Representatives_: + +I herewith transmit, for the information of Congress, a communication +from the Acting Secretary of State, forwarding certain bulletins of the +Bureau of the American Republics. + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _Washington, D.C., March 1, 1893_. + +_To the Senate and House of Representatives_: + +I transmit herewith the fifth special report of the Commissioner of +Labor. The report relates to the so-called "Gothenburg system" of +regulating the liquor traffic, the system prevailing in Norway and +Sweden. + +BENJ. HARRISON. + + + + +VETO MESSAGE. + + +EXECUTIVE MANSION, _February 27, 1893_. + +_To the House of Representatives_: + +I return herewith without my approval an act (H.R. 9612) entitled "An +act to prescribe the number of district attorneys and marshals in the +judicial districts of the State of Alabama." + +Under the present law there is a district attorney for the southern +district of Alabama, a district attorney for the northern and middle +districts, a marshal for the northern district, and a marshal for the +southern and middle districts. + +An examination of the records of the Attorney-General's office as to the +amount of business in the courts in these districts leads me to believe +that two districts would provide amply for the disposition of all public +and private cases. The law creates two new officers, whose aggregate +compensation may be $12,000 per annum, without, it seems to me, a +justifying necessity. But the most serious objection to the legislation +is that it creates at once upon the taking effect of the law the offices +of district attorney and marshal for each of the three districts, and +the effect, it seems to me, must be to abolish the offices as they now +exist. + +No provision is made for a continued discharge of the duties of marshal +and district attorney by the present incumbents. A serious question +would be raised as to whether these officers were not at once legislated +out of office and vacancies created. As these vacancies could not be +filled immediately, the business of the courts would seriously suffer. +The law should at least have contained a provision for the continued +discharge of their duties by the incumbents until the new officers were +appointed and qualified. + +BENJ. HARRISON. + + + + +PROCLAMATIONS. + + +BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. + +A PROCLAMATION. + +Whereas it is provided by section 24 of the act of Congress approved +March 3, 1891, entitled "An act to repeal timber-culture laws, and for +other purposes"-- + + That the President of the United States may from time to time set + apart and reserve in any State or Territory having public land bearing + forests, in any part of the public lands wholly or in part covered with + timber or undergrowth, whether of commercial value or not, as public + reservations; and the President shall by public proclamation declare + the establishment of such reservations and the limits thereof. + + +And whereas it is made to appear, by petition and otherwise, that the +interests of the public and the welfare of the people of the State of +Colorado will be materially benefited and subserved by the reservation +of the public and forest lands hereinafter described: + +Now, therefore, I, Benjamin Harrison, President of the United States, +by virtue of the power in me vested by said act, do hereby set apart, +reserve, and establish as a public reservation all that tract of land +in the State of Colorado embraced in the following boundary and +description, to wit: + +Beginning at the confluence of the North Fork of the South Platte River +with the South Platte River; thence up the middle of the channel of the +North Fork of the South Platte River to the range line between township +seven (7) south, ranges seventy-four (74) and seventy-five (75) west of +the sixth (6th) principal meridian; thence northerly on said range line +to the northeast corner of township seven (7) south, range seventy-five +(75) west; thence westerly on the township line between townships six +(6) and seven (7) south to the northwest corner of township seven (7) +south, range seventy-six (76) west; thence southerly on the range line +between ranges seventy-six (76) and seventy-seven (77) west to the +northeast corner of section thirteen (13), township seven (7) south, +range seventy-seven (77) west; thence westerly on the section line +between sections twelve (12) and thirteen (13) to the northwest corner +of section thirteen (13) of said township and range; thence southerly +on the section line between sections thirteen (13) and fourteen (14), +twenty-three (23) and twenty-four (24), and twenty-five (25) and +twenty-six (26) to the northeast corner of section thirty-five (35) of +said township and range; thence westerly on the section line between +sections twenty-six (26) and thirty-five (35) and twenty-seven (27) and +thirty-four (34) to the northwest corner of section thirty-four (34) of +said township and range; thence southerly on the section line between +sections thirty-three (33) and thirty-four (34) of said township and +range and sections three (3) and four (4), nine (9) and ten (10), +and fifteen (15) and sixteen (16), township eight (8) south, range +seventy-seven (77) west, to the northeast corner of section twenty-one +(21) of said last-named township and range; thence westerly on the +section line between sections sixteen (16) and twenty-one (21), +seventeen (17) and twenty (20), and eighteen (18) and nineteen (19) +to the northwest corner of section nineteen (19) of said township and +range; thence southerly on the range line between ranges seventy-seven +(77) and seventy-eight (78) west to the northeast corner of section +thirteen (13), township nine (9) south, range seventy-eight (78) west; +thence westerly on the section line between sections twelve (12) and +thirteen (13) and eleven (11) and fourteen (14) to the northwest corner +of section fourteen (14) of said township and range; thence southerly on +the section line between sections fourteen (14) and fifteen (15) to the +southwest corner of said section fourteen (14); thence westerly on the +section, line between sections fifteen (15) and twenty-two (22) and +sixteen (16) and twenty-one (21) to the northwest corner of section +twenty-one (21) of said township and range; thence southerly on the +section line between sections twenty (20) and twenty-one (21) and +twenty-eight (28) and twenty-nine (29) to the southwest corner of +section twenty-eight (28) of said township and range; thence easterly +on the section line between sections twenty-eight (28) and thirty-three +(33) to the southeast corner of said section twenty-eight (28); thence +southerly on the section line between sections thirty-three (33) and +thirty-four (34) of said township and range and sections three (3) and +four (4), nine (9) and ten (10), and fifteen (15) and sixteen (16), +township ten (10) south, range seventy-eight (78) west, to the northeast +corner of section twenty-one (21) of said last-named township and range; +thence westerly on the section line between sections sixteen (16) and +twenty-one (21), seventeen (17) and twenty (20), and eighteen (18) and +nineteen (19) to the northwest corner of section nineteen (19) of said +township and range; thence southerly on the range line between ranges +seventy-eight (78) and seventy-nine (79) west to the southwest corner of +township ten (10) south, range seventy-eight (78) west; thence westerly +on the second (2d) correction line south to the northwest corner of +section one (1), township eleven (11) south, range seventy-nine (79) +west; thence southerly on the section line between sections one (1) and +two (2), eleven (11) and twelve (12), thirteen (13) and fourteen (14), +twenty-three (23) and twenty-four (24), twenty-five (25) and twenty-six +(26), and thirty-five (35) and thirty-six (36) of said township and +range and sections one (1) and two (2), eleven (11) and twelve (12), +and thirteen (13) and fourteen (14), township twelve (12) south, range +seventy-nine (79) west, to the southwest corner of section thirteen (13) +of said last-named township and range; thence easterly on the section +line between sections thirteen (13) and twenty-four (24) of said +township and range and sections eighteen (18) and nineteen (19), +seventeen (17) and twenty (20), sixteen (16) and twenty-one (21), and +fifteen (15) and twenty-two (22), township twelve (12) south, range +seventy-eight (78) west, to the quarter-section corner between said +sections fifteen (15) and twenty-two (22); thence southerly through the +middle of sections twenty-two (22), twenty-seven (27), and thirty-four +(34) to the quarter-section corner on the south boundary of section +thirty-four (34) of said township and range; thence easterly on the +township line between townships twelve (12) and thirteen (13) south, +range seventy-eight (78) west, to the northwest corner of township +thirteen (13) south, range seventy-seven (77) west; thence southerly on +the range line between ranges seventy-seven (77) and seventy-eight (78) +west to the southwest corner of section six (6), township thirteen (13) +south, range seventy-seven (77) west; thence easterly on the section +line between sections six (6) and seven (7), five (5) and eight (8), and +four (4) and nine (9) to the southeast corner of section four (4) of +said township and range; thence northerly on the section line between +sections three (3) and four (4) of said township and range and sections +thirty-three (33) and thirty-four (34), township twelve (12) south, +range seventy-seven (77) west, to the northeast corner of section +thirty-three (33) of said last-named township and range; thence easterly +on the section line between sections twenty-seven (27) and thirty-four +(34) to the southeast corner of section twenty-seven (27) of said +township and range; thence northerly on the section line between +sections twenty-six (26) and twenty-seven (27), twenty-two (22) and +twenty-three (23), fourteen (14) and fifteen (15), ten (10) and eleven +(11), and two (2) and three (3) of said township and range and sections +thirty-four (34) and thirty-five (35), township eleven (11) south, range +seventy-seven (77) west, to the northeast corner of section thirty-four +(34) of said township and range; thence westerly on the section line +between sections twenty-seven (27) and thirty-four (34) to the northwest +corner of said section thirty-four (34); thence northerly on the section +line between sections twenty-seven (27) and twenty-eight (28) to the +northeast corner of section twenty-eight (28) of said township and +range; thence westerly on the section line between sections twenty-one +(21) and twenty-eight (28), twenty (20) and twenty-nine (29), and +nineteen (19) and thirty (30) to the northwest corner of section thirty +(30) of said township and range; thence northerly on the range line +between ranges seventy-seven (77) and seventy-eight (78) west to the +northeast corner of township eleven (11) south, range seventy-eight (78) +west; thence easterly on the second (2d) correction line south to the +southeast corner of township ten (10) south, range seventy-eight (78) +west; thence northerly on the range line between ranges seventy-seven +(77) and seventy-eight (78) west to the southwest corner of section +eighteen (18), township nine (9) south, range seventy-seven (77) west; +thence easterly on the section line between sections eighteen (18) +and nineteen (19), seventeen (17) and twenty (20), sixteen (16) and +twenty-one (21), and fifteen (15) and twenty-two (22) to the southeast +corner of section fifteen (15) of said township and range; thence +northerly on the section line between sections fourteen (14) and fifteen +(15) and ten (10) and eleven (11) to the southwest corner of section +two (2) of said township and range; thence easterly on the section line +between sections two (2) and eleven (11) and one (1) and twelve (12) +to the southeast corner of section one (1) of said township and range; +thence northerly on the range line between ranges seventy-six (76) and +seventy-seven (77) west to the southwest corner of township eight (8) +south, range seventy-six (76) west; thence easterly on the township line +between townships eight (8) and nine (9) south, range seventy-six (76) +west, to the southeast corner of section thirty-one (31), township eight +(8) south, range seventy-six (76) west; thence northerly on the section +line between sections thirty-one (31) and thirty-two (32) to the +southwest corner of section twenty-nine (29) of said township and range; +thence easterly on the section line between sections twenty-nine (29) +and thirty-two (32) to the southeast corner of said section twenty-nine +(29); thence northerly on the section line between sections twenty-eight +(28) and twenty-nine (29) and twenty (20) and twenty-one (21) to the +southwest corner of section sixteen (16) of said township and range; +thence easterly on the section line between sections sixteen (16) and +twenty-one (21) to the southeast corner of said section sixteen (16); +thence northerly on the section line between sections fifteen (15) and +sixteen (16), nine (9) and ten (10), and three (3) and four (4) of said +township and range, and sections thirty-three (33) and thirty-four (34), +township seven (7) south, range seventy-six (76) west, to the southwest +corner of section twenty-seven (27) of said township and range; thence +easterly on the section line between sections twenty-seven (27) and +thirty-four (34), twenty-six (26) and thirty-five (35), and twenty-five +(25) and thirty-six (36) of said township and range, and sections +thirty (30) and thirty-one (31), twenty-nine (29) and thirty-two (32), +twenty-eight (28) and thirty-three (33), and twenty-seven (27) and +thirty-four (34), township seven (7) south, range seventy-five (75) +west, to the northwest corner of section thirty-five (35) of said +township and range; thence southerly on the section line between +sections thirty-four (34) and thirty-five (35) of said township and +range and sections two (2) and three (3), ten (10) and eleven (11), +fourteen (14) and fifteen (15), twenty-two (22) and twenty-three (23), +twenty-six (26) and twenty-seven (27), and thirty-four (34) and +thirty-five (35), township eight (8) south, range seventy-five (75) +west, to the southwest corner of section thirty-five (35) of said +township and range; thence easterly on the township line between +townships eight (8) and nine (9) south, range seventy-five (75) west, to +the northwest corner of township nine (9) south, range seventy-four (74) +west; thence southerly on the range line between ranges seventy-four +(74) and seventy-five (75) west to the southwest corner of township ten +(10) south, range seventy-four (74) west; thence easterly on the second +(2d) correction line south to the northwest corner of township eleven +(11) south, range seventy-three (73) west; thence southerly on the range +line between ranges seventy-three (73) and seventy-four (74) west to the +northeast corner of section thirteen (13), township twelve (12) south, +range seventy-four (74) west; thence westerly on the section line +between sections twelve (12) and thirteen (13) and eleven (11) and +fourteen (14) of said township and range to the quarter-section corner +between said sections eleven (11) and fourteen (14); thence southerly +through the middle of sections fourteen (14), twenty-three (23), and +twenty-six (26) to the center of section twenty-six (26) of said +township and range; thence easterly through the middle of sections +twenty-six (26) and twenty-five (25) to the quarter-section corner on +the range line between section twenty-five (25), township twelve (12) +south, range seventy-four (74) west, and section thirty (30), township +twelve (12) south, range seventy-three (73) west; thence southerly on +said range line to the southwest corner of township twelve (12) south, +range seventy-three (73) west; thence easterly on the township line +between townships twelve (12) and thirteen (13) south to the southeast +corner of township twelve (12) south, range seventy-three (73) west; +thence southerly on the range line between ranges seventy-two (72) and +seventy-three (73) west to the northeast corner of section twenty-four +(24), township thirteen (13) south, range seventy-three (73) west; +thence westerly on the section line between sections thirteen (13) and +twenty-four (24), fourteen (14) and twenty-three (23), fifteen (15) and +twenty-two (22), sixteen (16) and twenty-one (21), seventeen (17) and +twenty (20), and eighteen (18) and nineteen (19) to the northwest corner +of section nineteen (19) of said township and range; thence southerly on +the range line between ranges seventy-three (73) and seventy-four (74) +west to the quarter-section corner on the west boundary of section +eighteen (18), township fourteen (14) south, range seventy-three (73) +west; thence easterly through the middle of sections eighteen (18) and +seventeen (17), sixteen (16), fifteen (15), fourteen (14), and thirteen +(13), township fourteen (14) south, range seventy-three (73) west, and +sections eighteen (18) and seventeen (17), township fourteen (14) south, +range seventy-two (72) west, to the quarter-section corner between +sections seventeen (17) and sixteen (16) of said last-named township and +range; thence northerly on the section line between sections sixteen +(16) and seventeen (17) and eight (8) and nine (9) to the northeast +corner of section eight (8) of said township and range; thence easterly +on the section line between sections four (4) and nine (9), three (3) +and ten (10), two (2) and eleven (11), and one (1)and twelve (12) to the +southeast corner of section one (1) of said township and range; thence +northerly on the range line between ranges seventy-one (71) and +seventy-two (72) west to the southwest corner of township thirteen (13) +south, range seventy-one (71) west; thence easterly on the township line +between townships thirteen (13) and fourteen (14) south to the southeast +corner of section thirty-three (33), township thirteen (13) south, range +seventy-one (71) west; thence northerly on the section line between +sections thirty-three (33) and thirty-four (34), twenty-seven (27) and +twenty-eight (28), twenty-one (21) and twenty-two (22), fifteen (15) +and sixteen (16), nine (9) and ten (10), and three (3) and four (4) of +said township and range, and between sections thirty-three (33) and +thirty-four (34), twenty-seven (27) and twenty-eight (28), twenty-one +(21) and twenty-two (22), fifteen (15) and sixteen (16), nine (9) and +ten (10), and three (3) and four (4), township twelve (12) south, range +seventy-one (71) west, and between sections thirty-three (33) and +thirty-four (34), twenty-seven (27) and twenty-eight (28), twenty-one +(21) and twenty-two (22), fifteen (15) and sixteen (16), nine (9) and +ten (10), and three (3) and four (4), township eleven (11) south, range +seventy-one (71) west, to the northeast corner of section four (4) of +said last-named township and range; thence easterly on the second (2d) +correction line south to the southeast corner of section thirty-three +(33), township ten (10) south, range seventy-one (71) west; thence +northerly on the section line between sections thirty-three (33) and +thirty-four (34) of said township and range to the middle of the channel +of the South Platte River; thence down the middle of the channel of the +said river to its confluence with the North Fork of the South Platte +River, the place of beginning, to be known as the South Platte Forest +Reserve. + +Excepting from the force and effect of this proclamation all lands which +may have been prior to the date hereof embraced in any legal entry or +covered by any lawful filing duly of record in the proper United States +land office, or upon which any valid settlement has been made pursuant +to law and the statutory period within which to make entry or filing +of record has not expired, and all mining claims duly located and held +according to the laws of the United States and rules and regulations +not in conflict therewith. + +_Provided_, That this exception shall not continue to apply to any +particular tract of land unless the entryman, settler, or claimant +continues to comply with the law under which the entry, filing, +settlement, or location was made. + +Warning is hereby expressly given to all persons not to enter or make +settlement upon the tract of land reserved by this proclamation. + +In witness whereof I have hereunto set my hand and caused the seal of +the United States to be affixed. + +[SEAL.] + +Done at the city of Washington, this 9th day of December, A.D. 1892, and +of the Independence of the United States the one hundred and +seventeenth. + +BENJ. HARRISON. + +By the President: + JOHN W. FOSTER, + _Secretary of State_. + + + +BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. + +A PROCLAMATION. + +Whereas it is provided by section 24 of the act of Congress approved +March 3, 1891, entitled "An act to repeal timber-culture laws, and for +other purposes"-- + + That the President of the United States may from time to time set + apart and reserve in any State or Territory having public land bearing + forests, in any part of the public lands wholly or in part covered with + timber or undergrowth, whether of commercial value or not, as public + reservations; and the President shall by public proclamation declare + the establishment of such reservations and the limits thereof. + + +And whereas the public lands in the State of California within the +limits hereinafter described are in part covered with timber, and it +appears that the public good would be promoted by setting apart and +reserving said lands as a public reservation: + +Now, therefore, I, Benjamin Harrison, President of the United States, +by virtue of the power in me vested by section 24 of the aforesaid act +of Congress, do hereby make known and proclaim that there is hereby +reserved from entry or settlement and set apart as a public reservation +all those certain tracts, pieces, or parcels of land lying and being +situate in the State of California and particularly described as +follows, to wit: + +Beginning at the northeast corner of township three (3) north, range six +(6) west of the San Bernardino meridian; thence westerly on the surveyed +and unsurveyed township line between townships three (3) and four (4) +north, ranges six (6) and seven (7) west, to the northeast corner of +township three (3) north, range eight (8) west; thence northerly on the +unsurveyed and surveyed range line between ranges seven (7) and eight +(8) west to the northeast corner of section twenty-four (24), township +four (4) north, range eight (8) west; thence westerly on the surveyed +and unsurveyed section line between sections thirteen (13) and +twenty-four (24), fourteen (14) and twenty-three (23), fifteen (15) and +twenty-two (22), sixteen (16) and twenty-one (21), seventeen (17) and +twenty (20), and eighteen (18) and nineteen (19) of said township and +range to the point for the northwest corner of section nineteen (19) of +said township and range; thence northerly on the unsurveyed and surveyed +range line between ranges eight (8) and nine (9) west to the northeast +corner of township four (4) north, range nine (9) west; thence westerly +on the township line between townships four (4) and five (5) north, +range nine (9) west, to the southeast corner of township five (5) north, +range ten (10) west; thence northerly on the range line between ranges +nine (9) and ten (10) west to the northeast corner of section thirty-six +(36) of said township and range; thence westerly on the section line +between sections twenty-five (25) and thirty-six (36), twenty-six (26) +and thirty-five (35), and twenty-seven (27) and thirty-four (34) to +the southeast corner of section twenty-eight (28) of said township +and range; thence northerly on the section line between sections +twenty-seven (27) and twenty-eight (28) to the northeast corner of said +section twenty-eight (28); thence westerly on the section line between +sections twenty-one (21) and twenty-eight (28), twenty (20) and +twenty-nine (29), and nineteen (19) and thirty (30) of said last-named +township and range, and on the unsurveyed section line between sections +twenty-four (24) and twenty-five (25), twenty-three (23) and twenty-six +(26), twenty-two (22) and twenty-seven (27), twenty-one (21) and +twenty-eight (28), twenty (20) and twenty-nine (29), and nineteen (19) +and thirty (30), township five (5) north, range eleven (11) west, to the +point for the northwest corner of section thirty (30) of said last-named +township and range; thence southerly on the range line between ranges +eleven (11) and twelve (12) west to the southeast corner of township +five (5) north, range twelve (12) west; thence westerly on the township +line between townships four (4) and five (5) north to the southwest +corner of township five (5) north, range twelve (12) west; thence +southerly on the range line between ranges twelve (12) and thirteen (13) +west to the northeast corner of section twenty-four (24), township four +(4) north, range thirteen (13) west; thence westerly on the section line +between sections thirteen (13) and twenty-four (24), fourteen (14) and +twenty-three (23), fifteen (15) and twenty-two (22), sixteen (16) and +twenty-one (21), seventeen (17) and twenty (20), and eighteen (18) and +nineteen (19) of said township and range, and sections thirteen (13) and +twenty-four (24), fourteen (14) and twenty-three (23), fifteen (15) and +twenty-two (22), sixteen (16) and twenty-one (21), seventeen (17) and +twenty (20), and eighteen (18) and nineteen (19), township four (4) +north, range fourteen (14) west, to the northwest corner of section +nineteen (19) of said last-named township and range; thence southerly +on the surveyed and unsurveyed range line between ranges fourteen (14) +and fifteen (15) west to the point for the southwest corner of township +three (3) north, range fourteen (14) west; thence easterly on the +unsurveyed township line between townships two (2) and three (3) north, +range fourteen (14) west, to a point for the northwest corner of section +four (4), township two (2) north, range fourteen (14) west; thence +southerly on the unsurveyed section line between sections four (4) and +five (5) to the point for the southwest corner of said section four (4); +thence easterly on the unsurveyed section line between sections four (4) +and nine (9), three (3) and ten (10), two (2) and eleven (11), and one +(1) and twelve (12) to a point for the southeast corner of section one +(1) of said township and range; thence southerly on the range line +between ranges thirteen (13) and fourteen (14) west to the southwest +corner of section seven (7), township two (2) north, range thirteen +(13) west; thence easterly on the surveyed and unsurveyed section line +between sections seven (7) and eighteen (18), eight (8) and seventeen +(17), nine (9) and sixteen (16), ten (10) and fifteen (15), eleven (11) +and fourteen (14), and twelve (12) and (13) to a point for the northeast +corner of section thirteen (13) of said township and range; thence +southerly on the range line between ranges twelve (12) and thirteen (13) +west to the southwest corner of township two (2) north, range twelve +(12) west; thence easterly on the surveyed and unsurveyed township line +between townships one (1) and two (2) north, range twelve (12) west, +to the point for the northwest corner of section one (1), township one +(1) north, range twelve (12) west; thence southerly on the unsurveyed +section line between sections one (1) and two (2) to the point for +the southwest corner of said section one (1); thence easterly on the +unsurveyed section line between sections one (1) and twelve (12) to the +point for the southeast corner of said section one (1); thence southerly +on the range line between ranges eleven (11) and twelve (12) west to the +southwest corner of section seven (7), township one (1) north, range +eleven (11) west; thence easterly on the section line between sections +seven (7) and eighteen (18), eight (8) and seventeen (17), nine (9) and +sixteen (16), ten (10) and fifteen (15), eleven (11) and fourteen (14), +and twelve (12) and thirteen (13) of said township and range, and +sections seven (7) and eighteen (18), eight (8) and seventeen (17), +nine (9) and sixteen (16), ten (10) and fifteen (15), eleven (11) and +fourteen (14), and twelve (12) and thirteen (13), township one (1) +north, range ten (10) west, to the southeast corner of section twelve +(12) of said last-named township and range; thence southerly on the +range line between ranges nine (9) and ten (10) west to the southwest +corner of section eighteen (18), township one (1) north, range nine (9) +west; thence easterly on the section line between sections eighteen (18) +and nineteen (19), seventeen (17) and twenty (20), sixteen (16) and +twenty-one (21), fifteen (15) and twenty-two (22), fourteen (14) and +twenty-three (23), and thirteen (13) and twenty-four (24) of said +township and range, and sections eighteen (18) and nineteen (19), +seventeen (17) and twenty (20), sixteen (16) and twenty-one (21), +fifteen (15) and twenty-two (22), fourteen (14) and twenty-three (23), +and thirteen (13) and twenty-four (24), township one (1) north, range +eight (8) west, to the southeast corner of section thirteen (13) of +said last-named township and range; thence northerly on the range line +between ranges seven (7) and eight (8) west to the southwest corner of +section seven (7), township one (1) north, range seven (7) west; thence +easterly on the section line between sections seven (7) and eighteen +(18), eight (8) and seventeen (17), nine (9) and sixteen (16), ten (10) +and fifteen (15), eleven (11) and fourteen (14), and twelve (12) and +thirteen (13) of said township and range, and on the surveyed and +unsurveyed section line between sections seven (7) and eighteen (18), +eight (8) and seventeen (17), nine (9) and sixteen (16), ten (10) +and fifteen (15), eleven (11) and fourteen (14), and twelve (12) and +thirteen (13), township one (1) north, range six (6) west, to the point +for the southeast corner of section twelve (12) of said last-named +township and range; thence northerly on the unsurveyed and surveyed +range line between ranges five (5) and six (6) west to the northeast +corner of township three (3) north, range six (6) west, the place of +beginning. + +Excepting from the force and effect of this proclamation all lands which +may have been prior to the date hereof embraced in any legal entry or +covered by any lawful filing duly of record in the proper United States +land office, or upon which any valid settlement has been made pursuant +to law and the statutory period within which to make entry or filing +of record has not expired, and all mining claims duly located and held +according to the laws of the United States and rules and regulations +not in conflict therewith. + +_Provided_, That this exception shall not continue to apply to any +particular tract of land unless the entryman, settler, or claimant +continues to comply with the law under which the entry, filing, +settlement, or location was made. + +Warning is hereby expressly given to all persons not to enter or make +settlement upon the tract of land reserved by this proclamation. + +In witness whereof I have hereunto set my hand and caused the seal of +the United States to be affixed. + +[SEAL.] + +Done at the city of Washington, this 20th day of December, A.D. 1892, +and of the independence of the United States the one hundred and +seventeenth. + +BENJ. HARRISON. + +By the President: + JOHN W. FOSTER, + _Secretary of State_. + + + +BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. + +A PROCLAMATION. + +Whereas it is provided by section 24 of the act of Congress approved +March 3, 1891, entitled "An act to repeal timber-culture laws, and for +other purposes"-- + + That the President of the United States may from time to time set + apart and reserve in any State or Territory having public land bearing + forests, in any part of the public lands wholly or in part covered with + timber or undergrowth, whether of commercial value or not, as public + reservations; and the President shall by public proclamation declare + the establishment of such reservations and the limits thereof. + + +And whereas it is provided by section 14 of said above-mentioned act +that the public lands in the Territory of Alaska reserved for public +purposes shall not be subject to occupation and sale; and + +Whereas the public lands in the Territory of Alaska known as Afognak +Island are in part covered with timber and are required for public +purposes in order that salmon fisheries in the waters of the island, and +salmon and other fish and sea animals, and other animals and birds, and +the timber, undergrowth, grass, moss, and other growth in, on, and about +said island may be protected and preserved unimpaired, and it appears +that the public good would be promoted by setting apart and reserving +said lands as a public reservation; and + +Whereas the United States Commissioner of Fish and Fisheries has +selected Afognak Bay, River, and Lake, with their tributary streams and +the sources thereof, and the lands including the same on said Afognak +Island and within 1 mile from the shores thereof, as a reserve for the +purpose of establishing fish-culture stations and the use of the United +States Commission of Fish and Fisheries, the boundary lines of which +include the headsprings of the tributaries above mentioned and the lands +the drainage of which is into the same: + +Now, therefore, I, Benjamin Harrison, President of the United States, by +virtue of the power in me vested by sections 24 and 14 of the aforesaid +act of Congress and by other laws of the United States, do reserve and +do hereby make known and proclaim that there is hereby reserved from +occupation and sale and set apart as a public reservation, including use +for fish-culture stations, said Afognak Island, Alaska, and its adjacent +bays and rocks and territorial waters, including among others the Sea +Lion Rocks and Sea Otter Island: _Provided_, That this proclamation +shall not be so construed as to deprive any _bona fide_ inhabitant of +said island of any valid right he may possess under the treaty for the +cession of the Russian possessions in North America to the United +States, concluded at Washington on the 30th day of March, 1867. + +Warning is hereby expressly given to all persons not to enter upon or to +occupy the tract or tracts of land or waters reserved by this +proclamation, or to fish in or use any of the waters herein described or +mentioned, and that all persons or corporations now occupying said +island or any of said premises except under said treaty shall depart +therefrom. + +In witness whereof I have hereunto set my hand and caused the seal of +the United States to be affixed. + +[SEAL.] + +Done at the city of Washington, this 24th day of December, A.D. 1892, +and of the Independence of the United States the one hundred and +seventeenth. + +BENJ. HARRISON. + +By the President: + JOHN W. FOSTER, + _Secretary of State_. + + + +BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. + +A PROCLAMATION. + +Whereas it is provided by section 24 of the act of Congress approved +March 3, 1891, entitled "An act to repeal timber-culture laws, and for +other purposes"-- + + That the President of the United States may from time to time set + apart and reserve in any State or Territory having public land bearing + forests, in any part of the public lands wholly or in part covered with + timber or undergrowth, whether of commercial value or not, as public + reservations; and the President shall by public proclamation declare + the establishment of such reservations and the limits thereof. + + +And whereas the public lands in the State of Colorado within the limits +hereinafter described are in part covered with timber, and it appears +that the public good would be promoted by setting apart and reserving +said lands as a public reservation: + +Now, therefore, I, Benjamin Harrison, President of the United States, +by virtue of the power in me vested by section 24 of the aforesaid act +of Congress, do hereby make known and proclaim that there is hereby +reserved from entry or settlement and set apart as a public reservation +all those certain tracts, pieces, or parcels of land lying and being +situate in the State of Colorado and particularly described as follows, +to wit: + +Beginning at the northeast corner of township seven (7) south, range +ninety-three (93) west of the sixth (6th) principal meridian; thence +westerly along the township line between townships six (6) and seven +(7) south to the northwest corner of township seven (7) south, range +ninety-three (93) west; thence southerly along the range line between +ranges ninety-three (93) and ninety-four (94) west to the northwest +corner of section nineteen (19), township seven (7) south, range +ninety-three (93) west; thence westerly along the unsurveyed section +line between sections thirteen (13) and twenty-four (24), fourteen (14) +and twenty-three (23), fifteen (15) and twenty-two (22), sixteen (16) +and twenty-one (21), seventeen (17) and twenty (20), and eighteen (18) +and nineteen (19), township seven (7) south, range ninety-four (94) +west, to the northwest corner of section nineteen (19) of said township +and range; thence southerly along the range line between ranges +ninety-four (94) and ninety-five (95) west to the northwest corner of +township eight (8) south, range ninety-four (94) west; thence westerly +along the township line between townships seven (7) and eight (8) south +to the northwest corner of section three (3), township eight (8) south, +range ninety-five (95) west; thence southerly along the section line +between sections three (3) and four (4), nine (9) and ten (10), and +fifteen (15) and sixteen (16) to the northwest corner of section +twenty-two (22) of said township and range; thence westerly along +the section line between sections sixteen (16) and twenty-one (21), +seventeen (17) and twenty (20), and eighteen (18) and nineteen (19) of +said township and range, and sections thirteen (13) and twenty-four +(24), fourteen (14) and twenty-three (23), and fifteen (15) and +twenty-two (22), township eight (8) south, range ninety-six (96) west, +to the northwest corner of section twenty-two (22) of said township and +range; thence southerly along the section line between sections +twenty-one (21) and twenty-two (22), twenty-seven (27) and twenty-eight +(28), and thirty-three (33) and thirty-four (34) of said township and +range to the northwest corner of section three (3), township nine (9) +south, range ninety-six (96) west; thence westerly along the township +line between townships eight (8) and nine (9) south to the northwest +corner of section three (3), township nine (9) south, range ninety-seven +(97) west; thence southerly along the section line between sections +three (3) and four (4), nine (9) and ten (10), fifteen (15) and sixteen +(16), twenty-one (21) and twenty-two (22), twenty-seven (27) and +twenty-eight (28), and thirty-three (33) and thirty-four (34) to the +southwest corner of section thirty-four (34) of said township and range; +thence easterly along the township line between townships nine (9) and +ten (10) south to the southeast corner of township nine (9) south, range +ninety-six (96) west; thence northerly along the range line between +ranges ninety-five (95) and ninety-six (96) west to the southeast corner +of section thirteen (13), township nine (9) south, range ninety-six (96) +west; thence easterly along the section line between sections eighteen +(18) and nineteen (19), seventeen (17) and twenty (20), sixteen (16) and +twenty-one (21), fifteen (15) and twenty-two (22), fourteen (14) and +twenty-three (23), and thirteen (13) and twenty-four (24), township +nine (9) south, range ninety-five (95) west, to the southeast corner of +section thirteen (13) of said township and range; thence northerly along +the range line between ranges ninety-four (94) and ninety-five (95) west +to the southeast corner of township eight (8) south, range ninety-five +(95) west; thence easterly along the township line between townships +eight (8) and nine (9) south to the southwest corner of township eight +(8) south, range ninety-two (92) west; thence southerly along the range +line between ranges ninety-two (92) and ninety-three (93) west to the +southwest corner of township ten (10) south, range ninety-two (92) west; +thence westerly along the second (2d) correction line south between +townships ten (10) and eleven (11) south to the northwest corner of +township eleven (11) south, range ninety-six (96) west; thence southerly +along the range line between ranges ninety-six (96) and ninety-seven +(97) west to the northwest corner of township twelve (12) south, range +ninety-six (96) west; thence westerly along the township line between +townships eleven (11) and twelve (12) south to the northwest corner of +fractional section two (2), fractional township twelve (12) south, +fractional range ninety-eight (98) west; thence southerly along the +range line between fractional range ninety-eight (98) west of the sixth +(6th) principal meridian and range two (2) east of the Ute principal +meridian to the southwest corner of fractional section thirty-five (35), +fractional township thirteen (13) south, fractional range ninety-eight +(98) west of the sixth (6th) principal meridian; thence easterly along +the township line between township thirteen (13) and fractional township +fourteen (14) south to the southwest corner of township thirteen (13) +south, range ninety-six (96) west; thence southerly along the range +line between ranges ninety-six (96) and ninety-seven (97) west to the +southwest corner of township fourteen (14) south, range ninety-six +(96) west; thence easterly along the township line between townships +fourteen (14) and fifteen (15) south to the southeast corner of +section thirty-three (33), township fourteen (14) south, range +ninety-five (95) west; thence northerly along the section line between +sections thirty-three (33) and thirty-four (34), twenty-seven (27) and +twenty-eight (28), twenty-one (21) and twenty-two (22), fifteen (15) +and sixteen (16), nine (9) and ten (10), and three (3) and four (4), +townships fourteen (14) and thirteen (13) south, range ninety-five (95) +west, and sections thirty-three (33) and thirty-four (34), twenty-seven +(27) and twenty-eight (28), and twenty-one (21) and twenty-two (22), +township twelve (12) south, range ninety-five (95) west, to the +southeast corner of section sixteen (16) of said township and range; +thence easterly along the section line between sections fifteen (15) and +twenty-two (22), fourteen (14) and twenty-three (23), and thirteen (13) +and twenty-four (24), township twelve (12) south, range ninety-five (95) +west, and sections eighteen (18) and nineteen (19), seventeen (17) +and twenty (20), sixteen (16) and twenty-one (21), fifteen (15) and +twenty-two (22), fourteen (14) and twenty-three (23), and thirteen (13) +and twenty-four (24), township twelve (12) south, range (94) west, to +the south west corner of section eighteen (18), township twelve (12) +south, range ninety-three (93) west; thence southerly along the range +line between ranges ninety-three (93) and ninety-four (94) west to the +southwest corner of township twelve (12) south, range ninety-three (93) +west; thence easterly along the township line between townships twelve +(12) and thirteen (13) south to the southeast corner of township twelve +(12) south, range ninety-two (92) west; thence northerly along the range +line between ranges ninety-one (91) and ninety-two (92) west to the +southeast corner of township eleven (11) south, range ninety-two (92) +west; thence easterly along the township line between townships eleven +(11) and twelve (12) south to the southwest corner of township eleven +(11) south, range ninety (90) west; thence southerly along the range +line between ranges ninety (90) and ninety-one (91) west to the +southwest corner of township twelve (12) south, range ninety (90) west; +thence easterly along the township line between townships twelve (12) +and thirteen (13) south to the southeast corner of township twelve (12) +south, range eighty-nine (89) west; thence northerly along the surveyed +and unsurveyed range line between ranges eighty-eight (88) and +eighty-nine (89) west to the northeast corner of township eleven (11) +south, range eighty-nine (89) west; thence easterly along the second +(2d) correction line south to the southeast corner of township ten (10) +south, range eighty-nine (89) west; thence northerly along the range +line between ranges eighty-eight (88) and eighty-nine (89) west to the +northeast corner of township nine (9) south, range eighty-nine (89) +west; thence westerly along the township line between townships eight +(8) and nine (9) south to the northeast corner of township nine (9) +south, range ninety (90) west; thence northerly along the range line +between ranges eighty-nine (89) and ninety (90) west to the northeast +corner of township eight (8) south, range ninety (90) west; thence +westerly along the surveyed and unsurveyed township line between +townships seven (7) and eight (8) south to the northeast corner of +township eight (8) south, range ninety-three (93) west; thence northerly +along the range line between ranges ninety-two (92) and ninety-three +(93) west to the northeast corner of township seven (7) south, range +ninety-three (93) west, the place of beginning. + +Excepting from the force and effect of this proclamation all lands which +may have been prior to the date hereof embraced in any legal entry or +covered by any lawful filing duly of record in the proper United States +land office, or upon which any valid settlement has been made pursuant +to law and the statutory period within which to make entry or filing +of record has not expired, and all mining claims duly located and held +according to the laws of the United States and rules and regulations +not in conflict therewith. + +_Provided_, That this exception shall not continue to apply to any +particular tract of land unless the entryman, settler, or claimant +continues to comply with the law under which the entry, filing, +settlement, or location was made. + +Warning is hereby expressly given to all persons not to enter or make +settlement upon the tract of land reserved by this proclamation. + +In witness whereof I have hereunto set my hand and caused the seal of +the United States to be affixed. + +[SEAL.] + +Done at the city of Washington, this 24th day of December, A.D. 1892, +and of the Independence of the United States the one hundred and +seventeenth. + +BENJ. HARRISON. + +By the President: + JOHN W. FOSTER, + _Secretary of State_. + + + +BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. + +A PROCLAMATION. + +Whereas, pursuant to section 3 of the act of Congress approved October +1, 1890, entitled "An act to reduce the revenue and equalize duties on +imports, and for other purposes," the Secretary of State of the United +States of America communicated to the Government of Salvador the action +of the Congress of the United States of America, with a view to secure +reciprocal trade, in declaring the articles enumerated in said section 3 +to be exempt from duty upon their importation into the United States of +America; and + +Whereas the minister for foreign affairs for the Republic of Salvador +has communicated to the envoy extraordinary and minister plenipotentiary +of the United States to Salvador that the Congress of Salvador has by +due legal enactment authorized the executive power to conclude a +definitive commercial arrangement with the United States to supersede +the existing provisional arrangement; and + +Whereas, in reciprocity for the admission into the United States of +America free of all duty of the articles enumerated in section 3 of said +act, the Government of Salvador will admit free of all duty from and +after December 31, 1892, into all the established ports of entry of +Salvador the articles or merchandise named in the following schedule, +provided that the same is the manufacture or product of the United +States: + + + PRODUCTS AND MANUFACTURES OF THE UNITED STATES TO BE ADMITTED INTO + SALVADOR FREE OF CUSTOMS DUTIES AND OF ALL CHARGES, WHETHER NATIONAL + OR PROVINCIAL. + + 1. Cotton-seed oil. + + 2. Live animals. + + 3. Tar, vegetable and mineral. + + 4. Wire, barbed, and staples for fences. + + 5. Apparatus for distilling liquors. + + 6. Plows, cultivators, hoes, axes, machetes, shovels, and rakes. + + 7. Quicksilver. + + 8. Barrels, casks, and tanks of iron for water. + + 9. Mineral ores. + + 10. Boats, lighters, tackle, anchors, chains, girtlines, sails, and + all other articles for vessels, to be used in the ports, lakes, + and rivers of the Republic. + + 11. Coal, mineral. + + 12. Roman cement and hydraulic lime. + + 13. Kettles for making salt. + + 14. Wooden staves, barrel heads and hoops. + + 15. Houses of wood and iron, complete and in parts. + + 16. Beans, potatoes, and onions. + + 17. Fruits, fresh. + + 18. Guano and other fertilizers, natural and artificial. + + 19. Guys for mining purposes. + + 20. Hay and straw for forage. + + 21. Furnaces and instruments for assaying metals. + + 22. Scientific instruments. + + 23. Loadstones. + + 24. Bricks, fire bricks, and crucibles for melting. + + 25. Hops. + + 26. Printed books, pamphlets and newspapers, bound or unbound, maps, + photographs, printed music, and paper for music. + + 27. Corn, rice, barley, and rye. + + 28. Marble, dressed, for furniture, statues, fountains, gravestones, + and building purposes. + + 29. Machinery of all kinds, including sewing machines, and separate or + extra parts for the same. + + 30. Materials of all kinds for the construction and operation of + railroads. + + 31. Materials of all kinds for the construction and operation of + telegraphic and telephonic lines. + + 32. Materials of all kinds for lighting by electricity and gas. + + 33. Materials of all kinds for the construction of wharves in ports, + lakes, or rivers. + + 34. Wood of all kinds for building, in trunks or pieces, beams, + rafters, planks, boards, shingles, and flooring. + + 35. Molds for making sugar. + + 36. Models of machinery and buildings. + + 37. Printing materials, including presses, ink, and all other + accessories. + + 38. Samples of merchandise the duties on which do not exceed $1. + + 39. Gold and silver in bars, dust, or coin. + + 40. Preparations of flour in biscuits, crackers, not sweetened, + macaroni, vermicelli, and tallarin. + + 41. Plates of iron for building purposes. + + 42. Kettles for making sugar. + + 43. Sulphate of quinine. + + 44. Tubes of iron and all other accessories for water supply. + + 45. Wagons, carts, and carriages of all kinds, and separate parts for + the same. + + It is understood that the packages or coverings in which the articles + named in the foregoing schedule are imported shall be free of duty if + they are usual and proper for the purpose. + + +And whereas the Government of Salvador has further stipulated that the +laws and regulations adopted to protect its revenue and prevent fraud +in the declarations and proof that the articles named in the foregoing +schedule are the product or manufacture of the United States of America +shall impose no additional charges on the importer nor undue +restrictions on the articles imported; and + +Whereas the envoy extraordinary and minister plenipotentiary of the +United States to Salvador has informed the Government of Salvador +that its action in granting freedom of duties to the products and +manufactures of the United States of America on their importation into +Salvador is accepted as a due reciprocity for the action of Congress +as set forth in section 3 of said act: + +Now, therefore, be it known that I, Benjamin Harrison, President of the +United States of America, have caused the above-stated modifications of +the tariff laws of Salvador to be made public for the information of the +citizens of the United States of America. + +In testimony whereof I have hereunto set my hand and caused the seal of +the United States to be affixed. + +[SEAL.] + +Done at the city of Washington, this 27th day of December, A.D. 1892, +and of the Independence of the United States the one hundred and +seventeenth. + +BENJ. HARRISON. + +By the President: + JOHN W. FOSTER, + _Secretary of State_. + + + +BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. + +A PROCLAMATION. + +Whereas Congress by a statute approved March 22, 1882, and by statutes +in furtherance and amendment thereof defined the crimes of bigamy, +polygamy, and unlawful cohabitation in the Territories and other places +within the exclusive jurisdiction of the United States and prescribed a +penalty for such crimes; and + +Whereas on or about the 6th day of October, 1890, the Church of the +Latter-day Saints, commonly known as the Mormon Church, through its +president issued a manifesto proclaiming the purpose of said church no +longer to sanction the practice of polygamous marriages and calling upon +all members and adherents of said church to obey the laws of the United +States in reference to said subject-matter; and + +Whereas it is represented that since the date of said declaration the +members and adherents of said church have generally obeyed said laws and +have abstained from plural marriages and polygamous cohabitation; and + +Whereas by a petition dated December 19, 1891, the officials of said +church, pledging the membership thereof to a faithful obedience to the +laws against plural marriage and unlawful cohabitation, have applied to +me to grant amnesty for past offenses against said laws, which request a +very large number of influential non-Mormons residing in the Territories +have also strongly urged; and + +Whereas the Utah Commission in their report bearing date September +15, 1892, recommend that said petition be granted and said amnesty +proclaimed, under proper conditions as to the future observance of the +law, with a view to the encouragement of those now disposed to become +law-abiding citizens; and + +Whereas during the past two years such amnesty has been granted to +individual applicants in a very large number of cases, conditioned +upon the faithful observance of the laws of the United States against +unlawful cohabitation, and there are now pending many more such +applications: + +Now, therefore, I, Benjamin Harrison, President of the United States, +by virtue of the powers in me vested, do hereby declare and grant a full +amnesty and pardon to all persons liable to the penalties of said act by +reason of unlawful cohabitation under the color of polygamous or plural +marriage who have since November 1, 1890, abstained from such unlawful +cohabitation, but upon the express condition that they shall in the +future faithfully obey the laws of the United States hereinbefore named, +and not otherwise. Those who shall fail to avail themselves of the +clemency hereby offered will be vigorously prosecuted. + +In witness whereof I have hereunto set my hand and caused the seal of +the United States to be affixed. + +[SEAL.] + +Done at the city of Washington, this 4th day of January, A.D. 1893, and +of the Independence of the United States the one hundred and +seventeenth. + +BENJ. HARRISON. + +By the President: + JOHN W. FOSTER, + _Secretary of State_. + + + +BY THE PRESIDENT OF THE UNITED STATES OF AMERICA, + +A PROCLAMATION. + +Whereas it is provided by section 24 of the act of Congress approved +March 3, 1891, entitled "An act to repeal timber-culture laws, and for +other purposes"-- + + That the President of the United States may from time to time set + apart and reserve in any State or Territory having public land bearing + forests, in any part of the public lands wholly or in part covered with + timber or undergrowth, whether of commercial value or not, as public + reservations; and the President shall by public proclamation declare + the establishment of such reservations and the limits thereof. + + +And whereas the public lands in the State of California within the +limits hereinafter described are in part covered with timber, and it +appears that the public good would be promoted by setting apart and +reserving said lands as a public reservation: + +Now, therefore, I, Benjamin Harrison, President of the United States, +by virtue of the power in me vested by section 24 of the aforesaid act +of Congress, do hereby make known and proclaim that there is hereby +reserved from entry or settlement and set apart as a public reservation +all those certain tracts, pieces, or parcels of land lying and being +situate in the State of California and within the boundaries +particularly described as follows, to wit: + +Beginning at the northeast corner of township five (5) south, range +thirty (30) east, on the first (1st) standard parallel south, Mount +Diablo meridian, California; thence westerly along said first (1st) +standard parallel to the northwest corner of township five (5) south, +range twenty-one (21) east; thence southerly on the range line between +ranges twenty (20) and twenty-one (21) east to the southwest corner of +township six (6) south, range twenty-one (21) east; thence easterly on +the township line between townships six (6) and seven (7) south to the +southeast corner of township six (6) south, range twenty-one (21) east; +thence southerly on the range line between ranges twenty-one (21) and +twenty-two (22) east to the southwest corner of township seven (7) +south, range twenty-two (22) east; thence easterly along the township +line between townships seven (7) and eight (8) south to the southeast +corner of township seven (7) south, range twenty-two (22) east; thence +southerly along the range line between ranges twenty-two (22) and +twenty-three (23) east to the southwest corner of township eight (8) +south, range twenty-three (23) east; thence easterly along the second +(2d) standard parallel south to the northeast corner of township nine +(9) south, range twenty-three (23) east; thence southerly along the +unsurveyed and surveyed range line between ranges twenty-three (23) and +twenty-four (24) east to the southwest corner of township nine (9) +south, range twenty-four (24) east; thence easterly along the township +line between townships nine (9) and ten (10) south to the southeast +corner of township nine (9) south, range twenty-four (24) east; thence +southerly along the range line between ranges twenty-four (24) and +twenty-five (25) east to the southwest corner of township ten (10) +south, range twenty-five (25) east; thence easterly along the township +line between townships ten (10) and eleven (11) south to the southeast +corner of township ten (10) south, range twenty-five (25) east; thence +southerly along the unsurveyed and surveyed range line between ranges +twenty-five (25) and twenty-six (26) east to the southwest corner of +township twelve (12) south, range twenty-six (26) east; thence easterly +along the third (3d) standard parallel south to the northwest corner +of township thirteen (13) south, range twenty-seven (27) east; thence +southerly along the range line between ranges twenty-six (26) and +twenty-seven (27) east to the southwest corner of township thirteen (13) +south, range twenty-seven (27) east; thence easterly along the township +line between townships thirteen (13) and fourteen (14) south to the +southeast corner of township thirteen (13) south, range twenty-seven +(27) east; thence northerly along the boundary line of "General Grant +National Park" to the northwest corner, easterly the northeast corner, +southerly to the southeast corner, and westerly to the southwest corner +of said park; thence southerly along the range line between ranges +twenty-seven (27) and twenty-eight (28) east to the southwest corner +of township fourteen (14) south, range twenty-eight (28) east; thence +easterly along the township line between townships fourteen (14) and +fifteen (15) south to the southwest corner of township fourteen (14) +south, range thirty-one (31) east; thence southerly along the range line +between ranges thirty (30) and thirty-one (31) east to the fourth (4th) +standard parallel south; thence westerly along said fourth (4th) +standard parallel to the northwest corner of township seventeen (17) +south, range thirty-one (31) east; thence southerly along the range line +between ranges thirty (30) and thirty-one (31) east to the southwest +corner of township seventeen (17) south, range thirty-one (31) east; +thence easterly along the township line between townships seventeen (17) +and eighteen (18) south to the southeast corner of township seventeen +(17) south, range thirty-one (31) east; thence southerly along the range +line between ranges thirty-one (31) and thirty-two (32) east to the +southwest corner of township eighteen (18) south, range thirty-two (32) +east; thence westerly along the township line between townships eighteen +(18) and nineteen (19) south to the northwest corner of township +nineteen (19) south, range thirty (30) east; thence southerly along the +range line between ranges twenty-nine (29) and thirty (30) east to the +fifth (5th) standard parallel south; thence westerly along said fifth +(5th) standard parallel to the northwest corner of township twenty-one +(21) south, range thirty (30) east; thence southerly along the range +line between ranges twenty-nine (29) and thirty (30) east to a point on +said range line where it intersects the northern boundary line of the +"Tule River Indian Reservation;" thence easterly and northeasterly along +the northern boundary line of said reservation to the northeast corner +thereof, located in the southwest quarter of section twenty-one (21), +township twenty-one (21) south, range thirty-one (31) east; thence +southerly along the eastern boundary of said reservation to the +southeast corner thereof, located in the northwest quarter of section +thirty-three (33), township twenty-two (22) south, range thirty-one (31) +east; thence westerly and southwesterly along the southern boundary of +said reservation to a point where it is intersected by the range line +between ranges twenty-nine (29) and thirty (30) east; thence southerly +along said range line to the southwest corner of township twenty-three +(23) south, range thirty (30) east; thence easterly along the township +line between townships twenty-three (23) and twenty-four (24) south to +the southeast corner of township twenty-three (23) south, range thirty +(30) east; thence southerly along the range line between ranges thirty +(30) and thirty-one (31) east to the sixth (6th) standard parallel +south; thence westerly along said sixth (6th) standard parallel to the +northwest corner of township twenty-five (25) south, range thirty-one +(31) east; thence southerly along the range line between ranges thirty +(30) and thirty-one (31) east to the southwest corner of township +twenty-six (26) south, range thirty-one (31) east; thence westerly along +the township line between townships twenty-six (26) and twenty-seven +(27) south to the northwest corner of township twenty-seven (27) south, +range thirty (30) east; thence southerly along the range line between +ranges twenty-nine (29) and thirty (30) east to the seventh (7th) +standard parallel south; thence easterly along said seventh (7th) +standard parallel to the southeast corner of township twenty-eight (28) +south, range thirty-seven (37) east; thence northerly along the range +line between ranges thirty-seven (37) and thirty-eight (38) east to the +sixth (6th) standard parallel south; thence easterly along said sixth +(6th) standard parallel to the southeast corner of township twenty-four +(24) south, range thirty-seven (37) east; thence northerly along the +range line between ranges thirty-seven (37) and thirty-eight (38) east +to the northeast corner of township twenty-four (24) south, range +thirty-seven (37) east; thence easterly along the township line between +townships twenty-three (23) and twenty-four (24) south to the southeast +corner of township twenty-three (23) south, range thirty-seven (37) +east; thence northerly along the range line between ranges thirty-seven +(37) and thirty-eight (38) east to the fifth (5th) standard parallel +south; thence westerly along said fifth (5th) standard parallel south to +the southeast corner of section thirty-one (31), township twenty (20) +south, range thirty-seven (37) east; thence northerly along the western +boundary line of sections thirty-two (32), twenty-nine (29), twenty +(20), seventeen (17), eight (8), and five (5) to the northwest corner of +section five (5) in said township and range; thence westerly along the +township line between townships nineteen (19) and twenty (20) south to +the southeast corner of township nineteen (19) south, range thirty-six +(36) east; thence northerly along the range line between ranges +thirty-six (36) and thirty-seven (37) east to the quarter-section corner +on the east line of section thirty-six (36), township nineteen (19) +south, range thirty-six (36) east, westerly on a line through the +centers of sections thirty-six (36) and thirty-five (35) to the center +of section thirty-five (35), northerly on a line through the centers +of sections thirty-five (35), twenty-six (26), twenty-three (23), and +fourteen (14) to the center of section fourteen (14), easterly on a line +through the center of section fourteen (14) to the quarter-section +corner between said section fourteen (14) and section thirteen (13), +and northerly along the section lines on the west boundary of sections +thirteen (13), twelve (12), and one (1) to the northwest corner of +section one (1), all of said township and range; thence northerly along +the section lines on the west boundary of sections thirty-six (36) and +twenty-five (25), township eighteen (18) south, range thirty-six (36) +east, to the northwest corner of said section twenty-five (25), easterly +along the section line between sections twenty-four (24) and twenty-five +(25) to the quarter-section corner between said sections, northerly +through the centers of sections twenty-four (24) and thirteen (13) to +the quarter-section corner between sections thirteen (13) and twelve +(12), westerly along the section line to the southwest corner of section +twelve (12), and northerly along the section lines on the west boundary +of sections twelve (12) and one (1) to the northwest corner of section +one (1) of said township and range; thence northerly along the section +line on the west boundary of section thirty-six (36), township seventeen +(17) south, range thirty-six (36) east, to the quarter-section corner +between sections thirty-five (35) and thirty-six (36), westerly to the +center of section thirty-five (35), northerly on a line through the +centers of sections thirty-five (35), twenty-six (26), twenty-three +(23), fourteen (14), and eleven (11) to the quarter-section corner +between sections eleven (11) and two (2), westerly along the section +line to the southwest corner of section two (2), and northerly along the +section line to the northwest corner of section two (2), all of said +township and range; thence westerly along the surveyed and unsurveyed +line of the fourth (4th) standard parallel south to the southwest corner +of township sixteen (16) south, range thirty-four (34) east; thence +northerly along the range line between ranges thirty-three (33) and +thirty-four (34) east to the northwest corner of township fifteen (15) +south, range thirty-four (34) east; thence easterly along the township +line between townships fourteen (14) and fifteen (15) south to the +southwest corner of township fourteen (14) south, range thirty-five (35) +east; thence northerly on the range line between ranges thirty-four (34) +and thirty-five (35) east to the northwest corner of township fourteen +(14) south, range thirty-five (35) east; thence westerly along the +township line between townships thirteen (13) and fourteen (14) south to +the southwest corner of section thirty-five (35), township thirteen (13) +south, range thirty-four (34) east, northerly along the section line +to the quarter-section corner between sections thirty-four (34) and +thirty-five (35), westerly to the center of section thirty-four (34), +northerly on a line through the centers of sections thirty-four (34) and +twenty-seven (27) to the center of section twenty-seven (27), easterly +through section twenty-seven (27) to the quarter-section corner between +sections twenty-seven (27) and twenty-six (26), northerly along the +section lines on the west boundary of sections twenty-six (26), +twenty-three (23), fourteen (14), eleven (11), and two (2) to the +northwest corner of west lot one (1) in section two (2), easterly to +the southwest corner of the east lot two (2) in section two (2), and +northerly to the northwest corner of the west half of east lot six (6), +section two (2), all of said township and range; thence westerly along +the third (3d) standard parallel south to the southwest corner of +section thirty-four (34), township twelve (12) south, range thirty-four +(34) east, northerly along the section line to the quarter-section +corner between sections thirty-four (34) and thirty-three (33), +westerly to the center of section thirty-three (33), northerly to +the quarter-section corner between sections thirty-three (33) and +twenty-eight (28), westerly on the section line to the southwest corner +of section twenty-eight (28), northerly along the section lines on the +west boundary of sections twenty-eight (28), twenty-one (21), sixteen +(16), nine (9), and four (4) to the quarter-section corner between +sections four (4) and five (5), westerly to the center of section five +(5), and northerly to the quarter-section corner on the north boundary +of said section five (5), all of said township and range; thence +westerly along the township line between townships eleven (11) and +twelve (12) south to the southwest corner of section thirty-two (32), +township eleven (11) south, range thirty-four (34) east, northerly along +the section lines on the west boundary of sections thirty-two (32), +twenty-nine (29), twenty (20), seventeen (17), and eight (8) to the +quarter-section corner between sections seven (7) and eight (8), +westerly on a line through the center of section seven (7), township +eleven (11) south, range thirty-four (34) east, and sections twelve +(12) and eleven (11), township eleven (11) south, range thirty-three +(33) east, to the center of said section eleven (11), and northerly +on a central line through sections eleven (11) and two (2) to the +quarter-section corner on the north line of section two (2), township +eleven (11) south, range thirty-three (33) east; thence westerly on the +township line between townships ten (10) and eleven (11) south to the +southwest corner of section thirty-five (35), township ten (10) south, +range thirty-three (33) east, northerly to the quarter-section corner +between sections thirty-five (35) and thirty-four (34), westerly to the +center of section thirty-four (34), northerly on a line through the +centers of sections thirty-four (34), twenty-seven (27), and twenty-two +(22) to the center of section twenty-two (22), easterly to the center +of section twenty-three (23), northerly through the centers of sections +twenty-three (23), fourteen (14), and eleven (11) to the center of +section eleven (11), easterly to the quarter-section corner between +sections eleven (11) and twelve (12), northerly along the section line +to the northwest corner of section twelve (12), easterly along the +section line to the quarter-section corner between sections twelve (12) +and one (1), northerly to the center of section one (1), easterly to +the quarter-section corner on the east line of section one (1), and +northerly to the northeast corner of section one (1), all of said +township and range; thence westerly along the unsurveyed township line +between townships ten (10) and nine (9) south to the southeast corner of +township nine (9) south, range thirty-two (32) east; thence northerly +along the range line between ranges thirty-two (32) and thirty-three +(33) east to the northeast corner of township nine (9) south, range +thirty-two (32) east; thence westerly along the second (2d) standard +parallel south to the southeast corner of township eight (8) south, +range thirty-one (31) east; thence northerly along the surveyed and +unsurveyed range line between ranges thirty-one (31) and thirty-two +(32) east to the northeast corner of township eight (8) south, range +thirty-one (31) east; thence westerly along the township line between +townships seven (7) and eight (8) south to the southeast corner of +township seven (7) south, range thirty (30) east; thence northerly along +the range line between ranges thirty (30) and thirty-one (31) east to +the northeast corner of township five (5) south, range thirty (30) east, +the place of beginning. + +Excepting from the force and effect of this proclamation all lands which +may have been prior to the date hereof embraced in any legal entry or +covered by any lawful filing duly of record in the proper United States +land office, or upon which any valid settlement has been made pursuant +to law and the statutory period within which to make entry or filing +of record has not expired, and all mining claims duly located and held +according to the laws of the United States and the rules and regulations +not in conflict therewith. + +_Provided_, That this exception shall not continue to apply to any +particular tract of land unless the entryman, settler, or claimant +continues to comply with the law under which the entry, filing, +settlement, or location was made. + +Warning is hereby expressly given to all persons not to enter or make +settlement upon the tract of land reserved by this proclamation. + +In witness whereof I have hereunto set my hand and caused the seal of +the United States to be affixed. + +[SEAL.] + +Done at the city of Washington, this 14th day of February, A.D. 1893, +and of the Independence of the United States the one hundred and +seventeenth. + +BENJ. HARRISON. + +By the President: + JOHN W. FOSTER, + _Secretary of State_. + + + +BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. + +A PROCLAMATION. + +Whereas it is provided by section 24 of the act of Congress approved +March 3, 1891, entitled "An act to repeal timber-culture laws, and for +other purposes"-- + + That the President of the United States may from time to time set + apart and reserve in any State or Territory having public land bearing + forests, in any part of the public lands wholly or in part covered with + timber or undergrowth, whether of commercial value or not, as public + reservations; and the President shall by public proclamation declare + the establishment of such reservations and the limits thereof. + + +And whereas the public lands in the State of Washington within the +limits hereinafter described are in part covered with timber, and it +appears that the public good would be promoted by setting apart and +reserving said lands as a public reservation: + +Now, therefore, I, Benjamin Harrison, President of the United States, +by virtue of the power in me vested by section 24 of the aforesaid act +of Congress, do hereby make known and proclaim that there is hereby +reserved from entry or settlement and set apart as a public reservation +all those certain tracts, pieces, or parcels of land lying and being +situate in the State of Washington and within the boundaries +particularly described as follows, to wit: + +Beginning at the southwest corner of township thirteen (13) north, range +fifteen (15) east of the Willamette base and meridian; thence northerly +along the surveyed and unsurveyed range line between ranges fourteen +(14) and fifteen (15) east, subject to the proper easterly or westerly +offset on the fourth (4th) standard parallel north, to the point for +the northeast corner of township eighteen (18) north, range fourteen +(14) east; thence westerly along the unsurveyed township line between +townships eighteen (18) and nineteen (19) north to the southeast corner +of township nineteen (19) north, range seven (7) east; thence southerly +along the unsurveyed range line between ranges seven (7) and eight (8) +east, subject to the proper easterly or westerly offsets on the township +line between townships seventeen (17) and eighteen (18) north, and the +fourth (4th) standard parallel north to the point for the southwest +corner of township thirteen (13) north, range eight (8) east; thence +easterly along the unsurveyed township line between townships twelve +(12) and thirteen (13) north to the southwest corner of township +thirteen (13) north, range fifteen (15) east, the place of beginning. + +Excepting from the force and effect of this proclamation all lands which +may have been prior to the date hereof embraced in any legal entry or +covered by any lawful filing duly of record in the proper United States +land office, or upon which any valid settlement has been made pursuant +to law and the statutory period within which to make entry or filing of +record has not expired, and all mining claims duly located and held +according to the laws of the United States and rules and regulations not +in conflict therewith. + +_Provided_, That this exception shall not continue to apply to any +particular tract of land unless the entryman, settler, or claimant +continues to comply with the law under which the entry, filing, +settlement, or location was made. + +Warning is hereby expressly given to all persons not to enter or make +settlement upon the tract of land reserved by this proclamation. + +In witness whereof I have hereunto set my hand and caused the seal of +the United States to be affixed. + +[SEAL.] + +Done at the city of Washington, this 20th day of February, A.D. 1893 and +of the independence of the United States the one hundred and +seventeenth. + +BENJ. HARRISON. + +By the President: + JOHN W. FOSTER, + _Secretary of State_. + + + +BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. + +A PROCLAMATION. + +Whereas it is provided by section 24 of the act of Congress approved +March 3, 1891, entitled "An act to repeal timber-culture laws, and for +other purposes"-- + + That the President of the United States may from time to time set + apart and reserve in any State or Territory having public land bearing + forests, in any part of the public lands wholly or in part covered with + timber or undergrowth, whether of commercial value or not, as public + reservations; and the President shall by public proclamation declare + the establishment of such reservations and the limits thereof. + + +And whereas the public lands in the Territory of Arizona within the +limits hereinafter described are in part covered with timber, and it +appears that the public good would be promoted by setting apart and +reserving said lands as a public reservation: + +Now, therefore, I, Benjamin Harrison, President of the United States, +by virtue of the power in me vested by section 24 of the aforesaid act +of Congress, do hereby make known and proclaim that there is hereby +reserved from entry or settlement and set apart as a public reservation +all those certain tracts, pieces, or parcels of land lying and being +situate in the Territory of Arizona and within the boundaries +particularly described as follows, to wit: + +Beginning at the point of intersection of the parallel of thirty-six +(36) degrees thirty (30) minutes north latitude with the meridian of one +hundred and eleven (111) degrees forty-five (45) minutes of longitude +west from Greenwich; thence westerly along said parallel of latitude +to its intersection with the meridian of one hundred and twelve (112) +degrees forty-five (45) minutes west longitude; thence southerly along +said meridian of longitude to its intersection with the parallel of +thirty-five (35) degrees forty-five (45) minutes north latitude; thence +easterly along said parallel of latitude to its intersection with the +meridian of one hundred and eleven (111) degrees forty-five (45) minutes +west longitude; thence northerly along said meridian of longitude to its +intersection with the parallel of thirty-six (36) degrees thirty (30) +minutes north latitude, the place of beginning. + +Excepting from the force and effect of this proclamation all lands which +may have been prior to the date hereof embraced in any legal entry or +covered by any lawful filing duly of record in the proper United States +land office, or upon which any valid settlement has been made pursuant +to law and the statutory period within which to make entry or filing +of record has not expired, and all mining claims duly located and held +according to the laws of the United States and rules and regulations +not in conflict therewith. + +_Provided_, That this exception shall not continue to apply to any +particular tract of land unless the entryman, settler, or claimant +continues to comply with the law under which the entry, filing, +settlement, or location was made. + +Warning is hereby expressly given to all persons not to enter or make +settlement upon the tract of land reserved by this proclamation. + +In witness whereof I have hereunto set my hand and caused the seal of +the United States to be affixed. + +[SEAL.] + +Done at the city of Washington, this 20th day of February, A.D. 1893, +and of the Independence of the United States the one hundred and +seventeenth. + +BENJ. HARRISON. + +By the President: + JOHN W. FOSTER, + _Secretary of State_. + + + +BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. + +A PROCLAMATION. + +Whereas by my proclamation of August 18, 1892,[36] and in pursuance of +the authority conferred on me by an act of Congress approved July 26, +1892, entitled "An act to enforce the reciprocal commercial relations +between the United States and Canada, and for other purposes," +I directed "that from and after September 1, 1892, until further notice +a toll of 20 cents per ton be levied, collected, and paid on all freight +of whatever kind or description passing through the St. Marys Falls +Canal in transit to any port of the Dominion of Canada, whether carried +in vessels of the United States or of other nations," and to that extent +thereby suspended "from and after said date the right of free passage +through said St. Marys Falls Canal of any and all cargoes or portions +of cargoes in transit to Canadian ports;" and + +Whereas the above order was issued in consequence of the imposition +by the government of the Dominion of Canada of a discriminating toll +whereby unjust and unreasonable burdens were placed, in violation +of Article XXVII of the treaty of Washington, upon the carrying of +passengers and cargoes through the Welland Canal in transit to ports of +the United States, as is fully set forth in the said proclamation; and + +Whereas by an order in council dated February 13, 1893, the +Governor-General of the Dominion of Canada has directed that-- + + For the season of 1893 the canal tolls for the passage of the following + food products, wheat, Indian corn, pease, barley, rye, oats, flaxseed, + and buckwheat, for passage eastward through the Welland Canal be 10 + cents per ton, and for passage westward through the St. Lawrence canals + only 10 cents per ton; payment of the said toll of 10 cents per ton for + passage through the Welland Canal to entitle these products to free + passage through the St. Lawrence canals. + + +And whereas I have received satisfactory assurances that this order +revokes during the season of 1893 the discriminating provisions above +referred to and secures to citizens of the United States equality with +British subjects as regards the use of said canals: + +Now, therefore, I, Benjamin Harrison, President of the United States of +America, by virtue of the said act of Congress approved July 26, 1892, +do hereby declare and proclaim that from and after the date hereof and +until further notice the provisions of my said proclamation of August +18, 1892,[37] are suspended in so far as they direct that a toll of 20 +cents per ton be levied, collected, and paid on all freight of whatever +kind or description passing through the St. Marys Falls Canal in transit +to any port of the Dominion of Canada, whether carried in vessels of the +United States or of other nations. + +In testimony whereof I have hereunto set my hand and caused the seal of +the United States to be affixed. + +[SEAL.] + +Done at the city of Washington, this 21st day of February, 1893, and of +the independence of the United States of America the one hundred and +seventeenth. + +BENJ. HARRISON. + +By the President: + JOHN W. FOSTER, + _Secretary of State_. + +[Footnote 36: See pp. 290-292.] + +[Footnote 37: See pp. 290-292.] + + + +BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. + +A PROCLAMATION. + +Whereas it is provided by section 24 of the act of Congress approved +March 3, 1891, entitled "An act to repeal timber-culture laws, and for +other purposes"-- + + That the President of the United States may from time to time set + apart and reserve in any State or Territory having public land bearing + forests, in any part of the public lands wholly or in part covered with + timber or undergrowth, whether of commercial value or not, as public + reservations; and the President shall by public proclamation declare + the establishment of such reservations and the limits thereof. + + +And whereas the public lands in the State of California within the +limits hereinafter described are in part covered with timber, and it +appears that the public good would be promoted by setting apart and +reserving said lands as a public reservation: + +Now, therefore, I, Benjamin Harrison, President of the United States, +by virtue of the power in me vested by section 24 of the aforesaid act +of Congress, do hereby make known and proclaim that there is hereby +reserved from entry or settlement and set apart as a public reservation +all those certain tracts, pieces, or parcels of land lying and being +situate in the State of California and within the boundaries +particularly described as follows, to wit: + +Beginning at the northeast corner of section thirteen (13), township +five (5) south, range six (6) west, of the San Bernardino base and +meridian; thence westerly along the surveyed and unsurveyed section line +to the point for the southwest corner of section ten (10), said township +and range; thence northerly along the surveyed and unsurveyed section +line to the northwest corner of section three (3), said township and +range; thence westerly along the surveyed and unsurveyed township line +to the point for the northwest corner of section three (3), township +five (5) south, range seven (7) west; thence southerly along the +surveyed and unsurveyed section line to the southeast corner of section +thirty-three (33), said township and range; thence easterly along the +surveyed and unsurveyed township line to the northeast corner of +township six (6) south, range seven (7) west; thence southerly to the +southwest corner of township five (5) south, range six (6) west; thence +easterly to the point for the quarter-section corner on the north line +of section six (6), township six (6) south, range six (6) west; thence +southerly on a central line to the center of section nineteen (19), said +township and range; thence easterly to the quarter-section corner on the +east boundary of said section nineteen (19); thence southerly on the +section line to the point of intersection with the north boundary of the +"Rancho Mission Viejo or La Paz;" thence in a southeasterly direction +along said boundary line to the point of intersection with the township +line between townships six (6) and seven (7) south; thence easterly +along said township line to the southeast corner of township six (6) +south, range six (6) west; thence northerly along the range line between +ranges five (5) and six (6) west to the northeast corner of section +thirteen (13), township five (5) south, range six (6) west, the place +of beginning. + +Excepting from the force and effect of this proclamation all lands which +may have been prior to the date hereof embraced in any legal entry or +covered by any lawful filing duly of record in the proper United States +land office, or upon which any valid settlement has been made pursuant +to law and the statutory period within which to make entry or filing of +record has not expired, and all mining claims duly located and held +according to the laws of the United States and rules and regulations not +in conflict therewith. + +_Provided_, That this exception shall not continue to apply to any +particular tract of land unless the entryman, settler, or claimant +continues to comply with the law under which the entry, filing, +settlement, or location was made. + +Warning is hereby expressly given to all persons not to enter or make +settlement upon the tract of land reserved by this proclamation. + +In witness whereof I have hereunto set my hand and caused the seal of +the United States to be affixed. + +[SEAL.] + +Done at the city of Washington, this 25th day of February, A.D. 1893, +and of the Independence of the United States the one hundred and +seventeenth. + +BENJ. HARRISON. + +By the President: + WILLIAM F. WHARTON, + _Acting Secretary of State_. + + + +BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. + +A PROCLAMATION. + +Whereas it is provided by section 24 of the act of Congress approved +March 3, 1891, entitled "An act to repeal timber-culture laws, and for +other purposes"-- + + That the President of the United States may from time to time set + apart and reserve in any State or Territory having public land bearing + forests, in any part of the public lands wholly or in part covered with + timber or undergrowth, whether of commercial value or not, as public + reservations; and the President shall by public proclamation declare + the establishment of such reservations and the limits thereof. + + +And whereas the public lands in the State of California within the +limits hereinafter described are in part covered with timber, and it +appears that the public good would be promoted by setting apart and +reserving said lands as a public reservation: + +Now, therefore, I, Benjamin Harrison, President of the United States, +by virtue of the power in me vested by section 24 of the aforesaid act +of Congress, do hereby make known and proclaim that there is hereby +reserved from entry or settlement and set apart as a public reservation +all those certain tracts, pieces, or parcels of land lying and being +situate in the State of California and within the boundaries +particularly described as follows, to wit: + +Beginning at the northwest corner of township three (3) north, range +five (5) west, San Bernardino meridian, California; thence southerly +along the surveyed and unsurveyed range line between ranges five (5) and +six (6) west to the northwest corner of section eighteen (18), township +one (1) north, range five (5) west; thence easterly along the section +line between sections seven (7) and eighteen (18) to the western +boundary of the "Rancho Muscupiabe;" thence easterly, following the +western and northern boundary of said rancho, to the point where said +boundary intersects the section line between sections nineteen (19) +and thirty (30), township one (1) north, range three (3) west; thence +easterly along the section lines to the northeast corner of section +twenty-five (25), said township and range; thence southerly along +the range line between ranges two (2) and three (3) west to the San +Bernardino base line; thence easterly along said base line to the +northeast corner of section four (4), township one (1) south, range two +(2) west, southerly along the unsurveyed and surveyed section lines to +the northeast corner of section (16), easterly along the section lines +to the northeast corner of section thirteen (13), and southerly to the +southeast corner of section thirteen (13), all of said township and +range; thence easterly to a point for the center of township one (1) +south, range one (1) west; thence southerly to a point for the southwest +corner of section thirty-four (34) in said township and range; thence +easterly along the surveyed and unsurveyed township line between +townships one (1) and two (2) south to the San Bernardino meridian; +thence southerly along said meridian to the northeast corner of township +three (3) south, range one (1) west; thence easterly through the Maronge +Indian Reservation to the southeast corner of township two (2) south, +range three (3) east; thence northerly along the surveyed and unsurveyed +range line to the northeast corner of said township; thence easterly to +a point for the southeast corner of township one (1) south, range four +(4) east; thence northerly along the surveyed and unsurveyed range line +between ranges four (4) and five (5) east to the northeast corner of +section twenty-four (24), township three (3) north, range four (4) east; +thence westerly along the surveyed and unsurveyed section lines to the +southwest corner of section eighteen (18), township three (3) north, +range (3) east; thence northerly along the range line between ranges two +(2) and three (3) east to the northeast corner of township three (3) +north, range two (2) east; thence westerly along the township line +between townships three (3) and four (4) north to the northwest corner +of township three (3) north, range (5) west, the place of beginning. + +Excepting from the force and effect of this proclamation all lands which +may have been prior to the date hereof embraced in any legal entry or +covered by any lawful filing duly of record in the proper United States +land office, or upon which any valid settlement has been made pursuant +to law and the statutory period within which to make entry or filing +of record has not expired, and all mining claims duly located and held +according to the laws of the United States and rules and regulations +not in conflict therewith. + +_Provided_, That this exception shall not continue to apply to any +particular tract of land unless the entryman, settler, or claimant +continues to comply with the law under which the entry, filing, +settlement, or location was made. + +Warning is hereby expressly given to all persons not to enter or make +settlement upon the tract of land reserved by this proclamation. + +In witness whereof I have hereunto set my hand and caused the seal of +the United States to be affixed. + +[SEAL.] + +Done at the city of Washington, this 25th day of February, A.D. 1893, +and of the impendence Of the United States the one hundred and +seventeenth. + +BENJ. HARRISON. + +By the President: + WILLIAM F. WHARTON, + _Acting Secretary of State_. + + + +BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. + +A PROCLAMATION. + +Whereas public interests require that the Senate should be convened at +12 o'clock on the 4th day of March next to receive such communications +as may be made by the Executive: + +Now, therefore, I, Benjamin Harrison, President of the United States, do +hereby proclaim and declare that an extraordinary occasion requires the +Senate of the United States to convene at the Capitol, in the city of +Washington, on the 4th day of March next, at 12 o'clock noon, of which +all persons who shall at that time be entitled to act as members of that +body are hereby required to take notice. + +Given under my hand and the seal of the United States, at Washington, +this 25th day of February, A.D. 1893, and of the Independence of the +United States of America the one hundred and seventeenth. + +BENJ. HARRISON. + +By the President: + WILLIAM F. WHARTON, + _Acting Secretary of State_. + + + + +EXECUTIVE ORDERS. + + +AMENDMENT OF CIVIL-SERVICE RULES. + +JANUARY 5, 1893. + +Section 2 of Postal Rule 1 is hereby amended so as to read as follows: + + The classification of the postal service made by the Postmaster-General + under section 6 of the act of January 16, 1883, is hereby extended to + all free-delivery post-offices; and hereafter whenever any post-office + becomes a free-delivery office the said classification or any then + existing classification made by the Postmaster-General under said + section and act shall apply thereto; and the Civil Service Commission + shall provide examinations to test the fitness of persons to fill + vacancies in all free-delivery post-offices, and these rules shall be + in force therein; but this shall not include any post-office made an + experimental free-delivery office under the authority contained in the + appropriation act of March 3, 1891. Every revision of the classification + of any post-office under section 6 of the act of January 16, 1883, and + every inclusion of a post-office within the classified postal service + shall be reported to the President. + + +BENJ. HARRISON. + + + +GENERAL ORDERS, No. 4. + +HEADQUARTERS OF THE ARMY, + ADJUTANT-GENERAL'S OFFICE, + _Washington, January 19, 1893_. + +I. The following proclamation [order] has been received from the +President: + + EXECUTIVE MANSION, _Washington, D.C., January 18, 1893_. + + _To the People of the United States_: + + The death of Rutherford B. Hayes, who was President of the United + States from March 4, 1877, to March 4, 1881, at his home in Fremont, + Ohio, at 11 p.m. yesterday, is an event the announcement of which will + be received with very general and very sincere sorrow. His public + service extended over many years and over a wide range of official + duty. He was a patriotic citizen, a lover of the flag and of our free + institutions, an industrious and conscientious civil officer, a soldier + of dauntless courage, a loyal comrade and friend, a sympathetic and + helpful neighbor, and the honored head of a happy Christian home. + He has steadily grown in the public esteem, and the impartial historian + will not fail to recognize the conscientiousness, the manliness, and + the courage that so strongly characterized his whole public career. + + As an expression of the public sorrow it is ordered that the Executive + Mansion and the several Executive Departments at Washington be draped + in mourning and the flags thereon placed at half-staff for a period of + thirty days, and that on the day of the funeral all public business + in the Departments be suspended, and that suitable military and naval + honors, under the orders of the Secretaries of War and of the Navy, + be rendered on that day. + + [SEAL.] + + Done at the city of Washington, this 18th day of January, A.D. 1893, and + of the Independence of the United States of America the one hundred and + seventeenth. + + BENJ. HARRISON. + + By the President: + JOHN W. FOSTER, + _Secretary of State_. + + +II. In compliance with the instructions of the President, on the day +of the funeral, at each military post, the troops and cadets will be +paraded and this order read to them, after which all labors of the +day will cease. + +The national flag will be displayed at half-staff. + +At dawn of day thirteen guns will be fired, and afterwards at intervals +of thirty minutes between the rising and setting of the sun a single +gun, and at the close of the day a national salute of forty-four guns. + +The officers of the Army will wear crape on the left arm and on their +swords and the colors of the Battalion of Engineers, of the several +regiments, and of the United States Corps of Cadets will be put in +mourning for a period of six months. + +The date of the funeral will be communicated to department commanders by +telegraph, and by them to their subordinate commanders. + +By command of Major-General Schofield: + +R. WILLIAMS, _Adjutant-General_. + + + +GENERAL ORDER No. 406. + +NAVY DEPARTMENT, _Washington, D.C., January 19, 1893_. + +The President of the United States announces the death of ex-President +Rutherford B. Hayes in the following proclamation [order]: + +[For order see preceding page.] + +It is hereby directed, in pursuance of the instructions of the +President, that on the day of the funeral, where this order may be +received in time, otherwise on the day after its receipt, the ensign at +each naval station and of each of the vessels of the United States Navy +in commission be hoisted at half-mast from sunrise to sunset, and at +each naval station and on board of flagships and vessels acting singly +a gun be fired at intervals of every half hour from sunrise to sunset. + +The officers of the Navy and Marine Corps will wear the usual badge of +mourning attached to the sword hilt and on the left arm for a period of +thirty days. + +JAMES R. SOLEY, _Acting Secretary of the Navy_. + + + +EXECUTIVE MANSION, _Washington, January 27, 1893_. + +_To the People of the United States_: + +It is my painful duty to announce to the people of the United States the +death of James Gillespie Blaine, which occurred in this city to-day at +11 o'clock. + +For a full generation this eminent citizen has occupied a conspicuous +and influential position in the nation. His first public service was in +the legislature of his State. Afterwards for fourteen years he was a +member of the national House of Representatives, and was three times +chosen its Speaker. In 1876 he was elected to the Senate. He resigned +his seat in that body in 1881 to accept the position of Secretary of +State in the Cabinet of President Garfield. After the tragic death +of his chief he resigned from the Cabinet, and, devoting himself to +literary work, gave to the public in his Twenty Years of Congress a +most valuable and enduring contribution to our political literature. +In March, 1889, he again became Secretary of State, and continued to +exercise this office until June, 1892. His devotion to the public +interests, his marked ability, and his exalted patriotism have won for +him the gratitude and affection of his countrymen and the admiration +of the world. In the varied pursuits of legislation, diplomacy, and +literature his genius has added new luster to American citizenship. + +As a suitable expression of the national appreciation of his great +public services and of the general sorrow caused by his death, I direct +that on the day of his funeral all the Departments of the executive +branch of the Government at Washington be closed, and that on all public +buildings throughout the United States the national flag shall be +displayed at half-staff, and that for a period of thirty days the +Department of State be draped in mourning. + +[SEAL.] + +Done at the city of Washington, this 27th day of January, A.D. 1893, and +of the Independence of the United States of America the one hundred and +seventeenth. + +BENJ. HARRISON. + +By the President: + JOHN W. FOSTER, + _Secretary of State_. + + + + + + + + + + + + +End of the Project Gutenberg EBook of A Compilation of the Messages and +Papers of the Presidents, Volume IX., by Benjamin Harrison + +*** END OF THIS PROJECT GUTENBERG EBOOK HARRISON *** + +***** This file should be named 13617-8.txt or 13617-8.zip ***** +This and all associated files of various formats will be found in: + https://www.gutenberg.org/1/3/6/1/13617/ + +Produced by Juliet Sutherland, David Garcia and The PG Online +Distributed Proofreading Team + + +Updated editions will replace the previous one--the old editions +will be renamed. + +Creating the works from public domain print editions means that no +one owns a United States copyright in these works, so the Foundation +(and you!) can copy and distribute it in the United States without +permission and without paying copyright royalties. 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Thus, we do not necessarily +keep eBooks in compliance with any particular paper edition. + + +Most people start at our Web site which has the main PG search facility: + + https://www.gutenberg.org + +This Web site includes information about Project Gutenberg-tm, +including how to make donations to the Project Gutenberg Literary +Archive Foundation, how to help produce our new eBooks, and how to +subscribe to our email newsletter to hear about new eBooks. diff --git a/old/13617-8.zip b/old/13617-8.zip Binary files differnew file mode 100644 index 0000000..3d3e4b8 --- /dev/null +++ b/old/13617-8.zip diff --git a/old/13617-h.zip b/old/13617-h.zip Binary files differnew file mode 100644 index 0000000..d6c8d49 --- /dev/null +++ b/old/13617-h.zip diff --git a/old/13617-h/13617-h.htm b/old/13617-h/13617-h.htm new file mode 100644 index 0000000..cc384ec --- /dev/null +++ b/old/13617-h/13617-h.htm @@ -0,0 +1,26093 @@ +<!DOCTYPE HTML PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN"> +<html lang="en"> +<head> +<meta http-equiv="Content-Type" + content="text/html; charset=iso-8859-1"> +<meta content="pg2html (binary v0.16)" + name="generator"> +<title>The Project Gutenberg eBook of + A Compilation of the Messages and Papers Of The Presidents, + by James D. Richardson +</title> +<style type="text/css"> + <!-- + body { margin-left: 5%; margin-right: 5%; } + p { text-indent: 1em; + margin-top: .75em; + font-size: 100%; + text-align: justify; + margin-bottom: .75em; } + h1,h2,h3,h4,h5,h6 { text-align: center; } + hr { width: 50%; } + hr.full { width: 100%; } + .foot { margin-left: 10%; margin-right: 10%; text-align: justify; text-indent: -3em; font-size: 85%; } + .toc { margin-left: 15%; font-size: 80%; margin-bottom: 0em;} + .r { text-align: right; } + .q { margin-left: 1em; margin-right: 1em; } + td { vertical-align: top; padding-top: .5em;} + center { padding: 0.8em;} + // --> +</style> +</head> +<body> + + +<pre> + +The Project Gutenberg EBook of A Compilation of the Messages and Papers of +the Presidents, Volume IX., by Benjamin Harrison + +This eBook is for the use of anyone anywhere at no cost and with +almost no restrictions whatsoever. You may copy it, give it away or +re-use it under the terms of the Project Gutenberg License included +with this eBook or online at www.gutenberg.org + + +Title: A Compilation of the Messages and Papers of the Presidents, Volume IX. + +Author: Benjamin Harrison + +Release Date: October 5, 2004 [EBook #13617] + +Language: English + +Character set encoding: ISO-8859-1 + +*** START OF THIS PROJECT GUTENBERG EBOOK HARRISON *** + + + + +Produced by Juliet Sutherland, David Garcia and The PG Online +Distributed Proofreading Team + + + + + + +</pre> + + +<div style="height: 8em;"><br><br><br><br><br><br><br><br></div> + +<h1> + A COMPILATION OF THE MESSAGES AND PAPERS OF THE PRESIDENTS +</h1> +<center><b> + BY JAMES D. RICHARDSON +</b></center> +<center> + A REPRESENTATIVE FROM THE STATE OF TENNESSEE +</center> +<center> + VOLUME IX +</center> +<center> + PUBLISHED BY AUTHORITY OF CONGRESS 1902 +</center> + + +<div style="height: 4em;"><br><br><br><br></div> + +<h2> + Prefatory Note +</h2> +<p> + This volume comprises the papers of Benjamin Harrison and of Grover + Cleveland (second term). The events of these two Administrations of + eight years, though highly interesting, coming as they do down to March + 4, 1897, are so recent and fresh in the public mind that I need not + comment on them. +</p> +<p> + This volume is the last of the series, except the Appendix and Index + volume. The work of compiling was begun by me in April, 1895, just after + the expiration of the Fifty-third Congress. I then anticipated that + I could complete the work easily within a year. Though I have given my + entire time to the undertaking when not engaged in my official duties as + a Representative, instead of completing it within the time mentioned it + has occupied me for nearly four years. The labor has been far greater + than the Joint Committee on Printing or I supposed it would be. I had + no idea of the difficulties to overcome in obtaining the Presidential + papers, especially the proclamations and Executive orders. In the + Prefatory Note to Volume I, I said: "I have sought to bring together + in the several volumes of the series all Presidential proclamations, + addresses, messages, and communications to Congress excepting those + nominating persons to office and those which simply transmit treaties, + and reports of heads of Departments which contain no recommendation + from the Executive." But after the appearance of Volume I, and while + preparing the contents of Volume II, I became convinced that I had made + a mistake and that the work to be exhaustive should comprise every + message of the Presidents transmitting reports of heads of Departments + and other communications, no matter how brief or unintelligible the + papers were in themselves, and that to make them intelligible I should + insert editorial footnotes explaining them. Having acted upon the other + idea in making up Volume I and a portion of Volume II, quite a number of + such brief papers were intentionally omitted. Being convinced that all + the papers of the Executives should be inserted, the plan was modified + accordingly, and the endeavor was thereafter made to publish all of + them. +</p> +<p> + In order, however, that the compilation may be "accurate and + exhaustive," I have gone back and collected all the papers—those which + should have appeared in Volumes I and II, as well as such as were + unintentionally omitted from the succeeding volumes—excepting those + simply making nominations, and shall publish them in an appendix in the + last volume. While this may occasion some little annoyance to the reader + who seeks such papers in chronological order, yet, inasmuch as they all + appear at their proper places in the alphabetical Index, it is not + believed that any serious inconvenience will result. +</p> +<p> + The editor and compiler has resorted to every possible avenue and has + spared no effort to procure all public Presidential papers from the + beginning of the Government to March 4, 1897. He has looked out for + every reference to the work in the public prints, has endeavored to read + all the criticisms made because of omissions, and has availed himself of + all the papers to which his attention has been called by anyone; has + diligently and earnestly sought for same himself, and has, as stated + above, inserted all omitted papers in the Appendix, so that he feels + warranted in saying that if he has given to the country all he could + find and all any critic or reviewer has been able to find he has done + his whole duty and reasonable complaint can not be made if any paper is + still omitted. In view of the inaccessibility of many of the messages by + reason of their not having been entered on the journals of either House + of Congress, and of the fact that the Government itself does not possess + many of the proclamations and Executive orders, it may be that there + yet can be found a few papers omitted from this work; but with much + confidence, amounting to a positive conviction, I feel that assurance + may be safely given that only a few, if any at all, have been + overlooked. +</p> +<p> + Congress in June, 1897, by law requested me to prepare an index to the + entire compilation. I am now and have been for over two years engaged in + this work. I hope to be able to give the last volume, which will include + the Appendix and Index, as above stated, to Congress and the public in + about two months. It would have been completed at this time but for the + fact that in addition to making the Index simply an index to the various + messages and other papers I have added to it the encyclopedic feature. + There will therefore be found in the Index, in alphabetical order, a + large number of encyclopedic definitions of words and phrases used by + the Chief Executives, and of other politico-historical subjects. It + is believed that this feature will not detract in any manner from the + Index, but, on the other hand, will add largely to its value and to + the value of the entire compilation. +</p> +<p class="r"> + JAMES D. RICHARDSON. +</p> +<p> + NOVEMBER 24, 1898. +</p> +<a name="2H_4_0002"><!-- H2 anchor --></a> + +<div style="height: 4em;"><br><br><br><br></div> + +<h2> + Benjamin Harrison +</h2> +<h3> + March 4, 1889, to March 4, 1893 +</h3> + +<div style="height: 4em;"><br><br><br><br></div> + +<h2> + Benjamin Harrison +</h2> +<p> + Benjamin Harrison, twenty-third President of the United States, was born + at North Bend, Ohio, August 20, 1833. His father, John Scott Harrison, + was the third son of General William Henry Harrison, ninth President + of the United States, who was the third and youngest son of Benjamin + Harrison, one of the signers of the Declaration of Independence. John + Scott Harrison was twice married, his second wife being Elizabeth, + daughter of Archibald Irwin, of Mercersburg, Pa. Benjamin was the second + son of this marriage. His parents were resolutely determined upon the + education of their children, and early in childhood Benjamin was placed + under private instruction at home. In 1847 he and his elder brother were + sent to a school on what was known as College Hill, a few miles from + Cincinnati. After remaining there two years entered the junior class at + Miami University, at Oxford, Ohio, where he was graduated in 1852. Was + married October 20, 1853, to Caroline Scott, daughter of Dr. John W. + Scott, who was then president of Oxford Female Seminary, from which Mrs. + Harrison was graduated in 1852. After studying law under Storer & Gwynne + in Cincinnati, Mr. Harrison was admitted to the bar in 1854, and began + the practice of his profession at Indianapolis, Ind., which has since + been his home. Was appointed crier of the Federal court, at a salary of + $2.50 per day. This was the first money he had ever earned. Jonathan + W. Gordon, one of the leaders of the Indianapolis bar, called young + Harrison to his assistance in the prosecution of a criminal tried for + burglary, and intrusted to him the plea for the State. He had taken + ample notes of the evidence, but the case was closed at night, and the + court-house being dimly lighted by tallow candles, he was unable to read + them when he arose to address the court and jury, paying them aside, + he depended entirely upon his memory and found it perfect. He made an + eloquent plea, produced a marked impression, and won the case. Since + then he has always been an impromptu speaker. Formed a partnership later + with William Wallace, but in 1860 the latter became clerk of Marion + County, and the firm was changed to Harrison & Fishback, which was + terminated by the entry of the senior partner into the Army in 1862. + Was chosen reporter of the supreme court of Indiana in 1860 on the + Republican ticket. This was his first active appearance in the political + field. When the Civil War began assisted in raising the Seventieth + Indiana Regiment of Volunteers, taking a second lieutenant's commission + and raising Company A of that regiment. Governor Morton tendered him + the command of the regiment and he was commissioned its colonel. Mr. + Harrison appointed a deputy reporter for the supreme court. In the + ensuing autumn the Democratic State committee, considering his position + as a civil officer vacated by this military appointment, nominated and + elected a successor, although his term of office had not expired. Their + view was sustained by the State supreme court; but in 1864, while + Colonel Harrison was in the Army, the people of Indiana gave their + judgment by reelecting him to the position of supreme-court reporter + by an overwhelming majority. In 1862 the Seventieth Indiana went into + the field with Harrison as its colonel, their objective point being + Bowling Green, Ky. It was brigaded with the Seventy-ninth Ohio and the + One hundred and second, One hundred and fifth, and One hundred and + twenty-ninth Illinois regiments, under Brigadier-General Ward, of + Kentucky, and this organization was kept unchanged until the close of + the war. Colonel Harrison had the right of the brigade, and his command + was occupied at first in guarding railroads and hunting guerrillas, his + energies being largely spent in drilling his men. When General Rosecrans + set out for Chattanooga General Ward was sent on duty to Nashville, and + on January 2, 1864, his command was called to the front. Later this + brigade became the First Brigade of the Third Division of the Twentieth + Army Corps, under General Hooker, General Ward resuming its command. + The campaign under General Sherman, upon which his regiment with its + associate forces entered, was directed, as is now known, against the + Confederate army of General Joseph E. Johnston, and not against any + particular place. In the Federal advance one of the severest actions was + fought at Resaca, Ga., May 14 and 15, 1864, and the Seventieth Indiana + led the assault. His regiment participated in the fights at New Hope + Church and at Golgotha Church, Kenesaw Mountain, and Peach Tree Creek. + When Atlanta was taken by Sherman, September 2, 1864, Colonel Harrison + received his first furlough to visit home, being assigned to special + duty in a canvass of the State to recruit for the forces in the field. + Returning to Chattanooga and then to Nashville, he was placed in command + of a provisional brigade held in reserve at the battle at the latter + place (December 15 and 16, 1864), and was but little engaged. When the + fight was over he was sent in pursuit of the Confederate general Hood. + Recalled from that pursuit, was next ordered to report to General + Sherman at Savannah. While passing through New York he succumbed to an + attack of scarlet fever, but in a few weeks was able to proceed on his + way. Joining Sherman at Goldsboro, N.C., resumed command of his old + brigade, and at the close of the war went with it to Washington to take + part in the grand review of the armies. Was duly mustered out of the + service June 8, 1865, not, however, until he had received a commission + as brevet brigadier-general, dated January 23, 1865. Returning to + Indianapolis after the war, resumed his office of reporter of the + supreme court, but in 1867 declined a renomination, preferring to devote + himself exclusively to the practice of law. Became a member of the + firm of Porter, Harrison & Fishback, and, after subsequent changes, + of that of Harrison, Miller & Elam. Took part in 1868 and 1872 in the + Presidential campaigns in support of General Grant, traveling over + Indiana and speaking to large audiences. In 1876 at first declined a + nomination for governor on the Republican ticket, consenting to run only + after the regular nominee had withdrawn. In this contest he received + almost 2,000 more votes than his associates, but was defeated. Was a + member of the Mississippi River Commission in 1879. In 1880, as chairman + of the Indiana delegation in the Republican national convention, he cast + nearly the entire vote of the State for James A. Garfield for President. + President Garfield offered him a place in his Cabinet, but he declined + it, preferring the United States Senatorship from Indiana, to which he + had just been chosen, and which he held from 1881 to 1887. In the + Senate he advocated the tariff views of his party, opposed President + Cleveland's vetoes of pension bills, urged the reconstruction and + upbuilding of the Navy, and labored and voted for civil-service reform. + Was a delegate at large to the Republican national convention in 1884, + and in 1888 at Chicago was nominated for the Presidency on the eighth + ballot. The nomination was made unanimous, and in November he was + elected, receiving 233 electoral votes to 168 for Grover Cleveland. Was + inaugurated March 4, 1889. Was again nominated for the Presidency at + the national Republican convention which met at Minneapolis in 1892, + but was defeated at the November election, receiving 145 electoral + votes, against 276 votes for Grover Cleveland. Upon his retiring from + office located at Indianapolis, Ind., where he now resides. +</p> + +<div style="height: 4em;"><br><br><br><br></div> + +<h2> + INAUGURAL ADDRESS. +</h2> +<p> + FELLOW CITIZENS: There is no constitutional or legal requirement that + the President shall take the oath of office in the presence of the + people, but there is so manifest an appropriateness in the public + induction to office of the chief executive officer of the nation that + from the beginning of the Government the people, to whose service the + official oath consecrates the officer, have been called to witness the + solemn ceremonial. The oath taken in the presence of the people becomes + a mutual covenant. The officer covenants to serve the whole body of the + people by a faithful execution of the laws, so that they may be the + unfailing defense and security of those who respect and observe them, + and that neither wealth, station, nor the power of combinations shall be + able to evade their just penalties or to wrest them from a beneficent + public purpose to serve the ends of cruelty or selfishness. +</p> +<p> + My promise is spoken; yours unspoken, but not the less real and solemn. + The people of every State have here their representatives. Surely I do + not misinterpret the spirit of the occasion when I assume that the + whole body of the people covenant with me and with each other to-day + to support and defend the Constitution and the Union of the States, to + yield willing obedience to all the laws and each to every other citizen + his equal civil and political rights. Entering thus solemnly into + covenant with each other, we may reverently invoke and confidently + expect the favor and help of Almighty God—that He will give to me + wisdom, strength, and fidelity, and to our people a spirit of fraternity + and a love of righteousness and peace. +</p> +<p> + This occasion derives peculiar interest from the fact that the + Presidential term which begins this day is the twenty-sixth under our + Constitution. The first inauguration of President Washington took place + in New York, where Congress was then sitting, on the 30th day of + April, 1789, having been deferred by reason of delays attending the + organization of the Congress and the canvass of the electoral vote. Our + people have already worthily observed the centennials of the Declaration + of Independence, of the battle of Yorktown, and of the adoption of the + Constitution, and will shortly celebrate in New York the institution of + the second great department of our constitutional scheme of government. + When the centennial of the institution of the judicial department, + by the organization of the Supreme Court, shall have been suitably + observed, as I trust it will be, our nation will have fully entered + its second century. +</p> +<p> + I will not attempt to note the marvelous and in great part happy + contrasts between our country as it steps over the threshold into its + second century of organized existence under the Constitution and that + weak but wisely ordered young nation that looked undauntedly down the + first century, when all its years stretched out before it. +</p> +<p> + Our people will not fail at this time to recall the incidents which + accompanied the institution of government under the Constitution, or to + find inspiration and guidance in the teachings and example of Washington + and his great associates, and hope and courage in the contrast which + thirty-eight populous and prosperous States offer to the thirteen + States, weak in everything except courage and the love of liberty, that + then fringed our Atlantic seaboard. +</p> +<p> + The Territory of Dakota has now a population greater than any of the + original States (except Virginia) and greater than the aggregate of + five of the smaller States in 1790. The center of population when our + national capital was located was east of Baltimore, and it was argued + by many well-informed persons that it would move eastward rather than + westward; yet in 1880 it was found to be near Cincinnati, and the new + census about to be taken will show another stride to the westward. That + which was the body has come to be only the rich fringe of the nation's + robe. But our growth has not been limited to territory, population, and + aggregate wealth, marvelous as it has been in each of those directions. + The masses of our people are better fed, clothed, and housed than their + fathers were. The facilities for popular education have been vastly + enlarged and more generally diffused. +</p> +<p> + The virtues of courage and patriotism have given recent proof of their + continued presence and increasing power in the hearts and over the + lives of our people. The influences of religion have been multiplied + and strengthened. The sweet offices of charity have greatly increased. + The virtue of temperance is held in higher estimation. We have not + attained an ideal condition. Not all of our people are happy and + prosperous; not all of them are virtuous and law-abiding. But on the + whole the opportunities offered to the individual to secure the comforts + of life are better than are found elsewhere and largely better than they + were here one hundred years ago. +</p> +<p> + The surrender of a large measure of sovereignty to the General + Government, effected by the adoption of the Constitution, was not + accomplished until the suggestions of reason were strongly reenforced + by the more imperative voice of experience. The divergent interests + of peace speedily demanded a "more perfect union," The merchant, + the shipmaster, and the manufacturer discovered and disclosed to our + statesmen and to the people that commercial emancipation must be added + to the political freedom which had been so bravely won. The commercial + policy of the mother country had not relaxed any of its hard and + oppressive features. To hold in check the development of our commercial + marine, to prevent or retard the establishment and growth of + manufactures in the States, and so to secure the American market for + their shops and the carrying trade for their ships, was the policy of + European statesmen, and was pursued with the most selfish vigor. +</p> +<p> + Petitions poured in upon Congress urging the imposition of + discriminating duties that should encourage the production of needed + things at home. The patriotism of the people, which no longer found a + field of exercise in war, was energetically directed to the duty of + equipping the young Republic for the defense of its independence by + making its people self-dependent. Societies for the promotion of home + manufactures and for encouraging the use of domestics in the dress of + the people were organized in many of the States. The revival at the end + of the century of the same patriotic interest in the preservation and + development of domestic industries and the defense of our working + people against injurious foreign competition is an incident worthy of + attention. It is not a departure but a return that we have witnessed. + The protective policy had then its opponents. The argument was made, + as now, that its benefits inured to particular classes or sections. +</p> +<p> + If the question became in any sense or at any time sectional, it was + only because slavery existed in some of the States. But for this there + was no reason why the cotton-producing States should not have led or + walked abreast with the New England States in the production of cotton + fabrics. There was this reason only why the States that divide with + Pennsylvania the mineral treasures of the great southeastern and + central mountain ranges should have been so tardy in bringing to the + smelting furnace and to the mill the coal and iron from their near + opposing hillsides. Mill fires were lighted at the funeral pile of + slavery. The emancipation proclamation was heard in the depths of the + earth as well as in the sky; men were made free, and material things + became our better servants. +</p> +<p> + The sectional element has happily been eliminated from the tariff + discussion. We have no longer States that are necessarily only planting + States. None are excluded from achieving that diversification of + pursuits among the people which brings wealth and contentment. The + cotton plantation will not be less valuable when the product is spun in + the country town by operatives whose necessities call for diversified + crops and create a home demand for garden and agricultural products. + Every new mine, furnace, and factory is an extension of the productive + capacity of the State more real and valuable than added territory. +</p> +<p> + Shall the prejudices and paralysis of slavery continue to hang upon the + skirts of progress? How long will those who rejoice that slavery no + longer exists cherish or tolerate the incapacities it put upon their + communities? I look hopefully to the continuance of our protective + system and to the consequent development of manufacturing and mining + enterprises in the States hitherto wholly given to agriculture as a + potent influence in the perfect unification of our people. The men who + have invested their capital in these enterprises, the farmers who have + felt the benefit of their neighborhood, and the men who work in shop or + field will not fail to find and to defend a community of interest. +</p> +<p> + Is it not quite possible that the farmers and the promoters of the + great mining and manufacturing enterprises which have recently been + established in the South may yet find that the free ballot of the + workingman, without distinction of race, is needed for their defense as + well as for his own? I do not doubt that if those men in the South who + now accept the tariff views of Clay and the constitutional expositions + of Webster would courageously avow and defend their real convictions + they would not find it difficult, by friendly instruction and + cooperation, to make the black man their efficient and safe ally, not + only in establishing correct principles in our national administration, + but in preserving for their local communities the benefits of social + order and economical and honest government. At least until the good + offices of kindness and education have been fairly tried the contrary + conclusion can not be plausibly urged. +</p> +<p> + I have altogether rejected the suggestion of a special Executive policy + for any section of our country. It is the duty of the Executive to + administer and enforce in the methods and by the instrumentalities + pointed out and provided by the Constitution all the laws enacted by + Congress. These laws are general and their administration should be + uniform and equal. As a citizen may not elect what laws he will obey, + neither may the Executive elect which he will enforce. The duty to + obey and to execute embraces the Constitution in its entirety and the + whole code of laws enacted under it. The evil example of permitting + individuals, corporations, or communities to nullify the laws because + they cross some selfish or local interest or prejudices is full of + danger, not only to the nation at large, but much more to those who use + this pernicious expedient to escape their just obligations or to obtain + an unjust advantage over others. They will presently themselves be + compelled to appeal to the law for protection, and those who would use + the law as a defense must not deny that use of it to others. +</p> +<p> + If our great corporations would more scrupulously observe their legal + limitations and duties, they would have less cause to complain of the + unlawful limitations of their rights or of violent interference with + their operations. The community that by concert, open or secret, among + its citizens denies to a portion of its members their plain rights + under the law has severed the only safe bond of social order and + prosperity. The evil works from a bad center both ways. It demoralizes + those who practice it and destroys the faith of those who suffer by + it in the efficiency of the law as a safe protector. The man in whose + breast that faith has been darkened is naturally the subject of + dangerous and uncanny suggestions. Those who use unlawful methods, if + moved by no higher motive than the selfishness that prompted them, may + well stop and inquire what is to be the end of this. +</p> +<p> + An unlawful expedient can not become a permanent condition of + government. If the educated and influential classes in a community + either practice or connive at the systematic violation of laws that + seem to them to cross their convenience, what can they expect when the + lesson that convenience or a supposed class interest is a sufficient + cause for lawlessness has been well learned by the ignorant classes? + A community where law is the rule of conduct and where courts, not + mobs, execute its penalties is the only attractive field for business + investments and honest labor. +</p> +<p> + Our naturalization laws should be so amended as to make the inquiry + into the character and good disposition of persons applying for + citizenship more careful and searching. Our existing laws have been in + their administration an unimpressive and often an unintelligible form. + We accept the man as a citizen without any knowledge of his fitness, + and he assumes the duties of citizenship without any knowledge as to + what they are. The privileges of American citizenship are so great and + its duties so grave that we may well insist upon a good knowledge of + every person applying for citizenship and a good knowledge by him of + our institutions. We should not cease to be hospitable to immigration, + but we should cease to be careless as to the character of it. There are + men of all races, even the best, whose coming is necessarily a burden + upon our public revenues or a threat to social order. These should be + identified and excluded. +</p> +<p> + We have happily maintained a policy of avoiding all interference with + European affairs. We have been only interested spectators of their + contentions in diplomacy and in war, ready to use our friendly offices + to promote peace, but never obtruding our advice and never attempting + unfairly to coin the distresses of other powers into commercial + advantage to ourselves. We have a just right to expect that our + European policy will be the American policy of European courts. +</p> +<p> + It is so manifestly incompatible with those precautions for our peace + and safety which all the great powers habitually observe and enforce in + matters affecting them that a shorter waterway between our eastern and + western seaboards should be dominated by any European Government that + we may confidently expect that such a purpose will not be entertained + by any friendly power. +</p> +<p> + We shall in the future, as in the past, use every endeavor to maintain + and enlarge our friendly relations with all the great powers, but they + will not expect us to look kindly upon any project that would leave + us subject to the dangers of a hostile observation or environment. We + have not sought to dominate or to absorb any of our weaker neighbors, + but rather to aid and encourage them to establish free and stable + governments resting upon the consent of their own people. We have a + clear right to expect, therefore, that no European Government will + seek to establish colonial dependencies upon the territory of these + independent American States. That which a sense of justice restrains + us from seeking they may be reasonably expected willingly to forego. +</p> +<p> + It must not be assumed, however, that our interests are so exclusively + American that our entire inattention to any events that may transpire + elsewhere can be taken for granted. Our citizens domiciled for purposes + of trade in all countries and in many of the islands of the sea demand + and will have our adequate care in their personal and commercial + rights. The necessities of our Navy require convenient coaling stations + and dock and harbor privileges. These and other trading privileges + we will feel free to obtain only by means that do not in any degree + partake of coercion, however feeble the government from which we ask + such concessions. But having fairly obtained them by methods and for + purposes entirely consistent with the most friendly disposition toward + all other powers, our consent will be necessary to any modification or + impairment of the concession. +</p> +<p> + We shall neither fail to respect the flag of any friendly nation or the + just rights of its citizens, nor to exact the like treatment for our + own. Calmness, justice, and consideration should characterize our + diplomacy. The offices of an intelligent diplomacy or of friendly + arbitration in proper cases should be adequate to the peaceful + adjustment of all international difficulties. By such methods we will + make our contribution to the world's peace, which no nation values more + highly, and avoid the opprobrium which must fall upon the nation that + ruthlessly breaks it. +</p> +<p> + The duty devolved by law upon the President to nominate and, by and + with the advice and consent of the Senate, to appoint all public + officers whose appointment is not otherwise provided for in the + Constitution or by act of Congress has become very burdensome and its + wise and efficient discharge full of difficulty. The civil list is so + large that a personal knowledge of any large number of the applicants + is impossible. The President must rely upon the representations of + others, and these are often made inconsiderately and without any just + sense of responsibility. I have a right, I think, to insist that those + who volunteer or are invited to give advice as to appointments shall + exercise consideration and fidelity. A high sense of duty and an + ambition to improve the service should characterize all public + officers. +</p> +<p> + There are many ways in which the convenience and comfort of those who + have business with our public offices may be promoted by a thoughtful + and obliging officer, and I shall expect those whom I may appoint to + justify their selection by a conspicuous efficiency in the discharge of + their duties. Honorable party service will certainly not be esteemed + by me a disqualification for public office, but it will in no case be + allowed to serve as a shield of official negligence, incompetency, or + delinquency. It is entirely creditable to seek public office by proper + methods and with proper motives, and all applicants will be treated + with consideration; but I shall need, and the heads of Departments will + need, time for inquiry and deliberation. Persistent importunity will + not, therefore, be the best support of an application for office. Heads + of Departments, bureaus, and all other public officers having any duty + connected therewith will be expected to enforce the civil-service + law fully and without evasion. Beyond this obvious duty I hope to do + something more to advance the reform of the civil service. The ideal, + or even my own ideal, I shall probably not attain. Retrospect will be + a safer basis of judgment than promises. We shall not, however, I am + sure, be able to put our civil service upon a nonpartisan basis until + we have secured an incumbency that fair-minded men of the opposition + will approve for impartiality and integrity. As the number of such in + the civil list is increased removals from office will diminish. +</p> +<p> + While a Treasury surplus is not the greatest evil, it is a serious + evil. Our revenue should be ample to meet the ordinary annual demands + upon our Treasury, with a sufficient margin for those extraordinary but + scarcely less imperative demands which arise now and then. Expenditure + should always be made with economy and only upon public necessity. + Wastefulness, profligacy, or favoritism in public expenditures is + criminal. But there is nothing in the condition of our country or of + our people to suggest that anything presently necessary to the public + prosperity, security, or honor should be unduly postponed. +</p> +<p> + It will be the duty of Congress wisely to forecast and estimate + these extraordinary demands, and, having added them to our ordinary + expenditures, to so adjust our revenue laws that no considerable annual + surplus will remain. We will fortunately be able to apply to the + redemption of the public debt any small and unforeseen excess of + revenue. This is better than to reduce our income below our necessary + expenditures, with the resulting choice between another change of our + revenue laws and an increase of the public debt. It is quite possible, + I am sure, to effect the necessary reduction in our revenues without + breaking down our protective tariff or seriously injuring any domestic + industry. +</p> +<p> + The construction of a sufficient number of modern war ships and of + their necessary armament should progress as rapidly as is consistent + with care and perfection in plans and workmanship. The spirit, courage, + and skill of our naval officers and seamen have many times in our + history given to weak ships and inefficient guns a rating greatly + beyond that of the naval list. That they will again do so upon occasion + I do not doubt; but they ought not, by premeditation or neglect, to be + left to the risks and exigencies of an unequal combat. We should + encourage the establishment of American steamship lines. The exchanges + of commerce demand stated, reliable, and rapid means of communication, + and until these are provided the development of our trade with the + States lying south of us is impossible. +</p> +<p> + Our pension laws should give more adequate and discriminating relief to + the Union soldiers and sailors and to their widows and orphans. Such + occasions as this should remind us that we owe everything to their + valor and sacrifice. +</p> +<p> + It is a subject of congratulation that there is a near prospect of the + admission into the Union of the Dakotas and Montana and Washington + Territories. This act of justice has been unreasonably delayed in the + case of some of them. The people who have settled these Territories are + intelligent, enterprising, and patriotic, and the accession of these + new States will add strength to the nation. It is due to the settlers + in the Territories who have availed themselves of the invitations of + our land laws to make homes upon the public domain that their titles + should be speedily adjusted and their honest entries confirmed by + patent. +</p> +<p> + It is very gratifying to observe the general interest now being + manifested in the reform of our election laws. Those who have been for + years calling attention to the pressing necessity of throwing about the + ballot box and about the elector further safeguards, in order that our + elections might not only be free and pure, but might clearly appear to + be so, will welcome the accession of any who did not so soon discover + the need of reform. The National Congress has not as yet taken control + of elections in that case over which the Constitution gives it + jurisdiction, but has accepted and adopted the election laws of the + several States, provided penalties for their violation and a method of + supervision. Only the inefficiency of the State laws or an unfair + partisan administration of them could suggest a departure from this + policy. +</p> +<p> + It was clearly, however, in the contemplation of the framers of the + Constitution that such an exigency might arise, and provision was + wisely made for it. The freedom of the ballot is a condition of our + national life, and no power vested in Congress or in the Executive to + secure or perpetuate it should remain unused upon occasion. The people + of all the Congressional districts have an equal interest that the + election in each shall truly express the views and wishes of a majority + of the qualified electors residing within it. The results of such + elections are not local, and the insistence of electors residing in + other districts that they shall be pure and free does not savor at all + of impertinence. +</p> +<p> + If in any of the States the public security is thought to be threatened + by ignorance among the electors, the obvious remedy is education. The + sympathy and help of our people will not be withheld from any community + struggling with special embarrassments or difficulties connected with + the suffrage if the remedies proposed proceed upon lawful lines and are + promoted by just and honorable methods. How shall those who practice + election frauds recover that respect for the sanctity of the ballot + which is the first condition and obligation of good citizenship? The + man who has come to regard the ballot box as a juggler's hat has + renounced his allegiance. +</p> +<p> + Let us exalt patriotism and moderate our party contentions. Let those + who would die for the flag on the field of battle give a better proof + of their patriotism and a higher glory to their country by promoting + fraternity and justice. A party success that is achieved by unfair + methods or by practices that partake of revolution is hurtful and + evanescent even from a party standpoint. We should hold our differing + opinions in mutual respect, and, having submitted them to the + arbitrament of the ballot, should accept an adverse judgment with the + same respect that we would have demanded of our opponents if the + decision had been in our favor. +</p> +<p> + No other people have a government more worthy of their respect and love + or a land so magnificent in extent, so pleasant to look upon, and so + full of generous suggestion to enterprise and labor. God has placed + upon our head a diadem and has laid at our feet power and wealth beyond + definition or calculation. But we must not forget that we take these + gifts upon the condition that justice and mercy shall hold the reins of + power and that the upward avenues of hope shall be free to all the + people. +</p> +<p> + I do not mistrust the future. Dangers have been in frequent + ambush along our path, but we have uncovered and vanquished them all. + Passion has swept some of our communities, but only to give us a new + demonstration that the great body of our people are stable, patriotic, + and law-abiding. No political party can long pursue advantage at the + expense of public honor or by rude and indecent methods without protest + and fatal disaffection in its own body. The peaceful agencies of + commerce are more fully revealing the necessary unity of all our + communities, and the increasing intercourse of our people is promoting + mutual respect. We shall find unalloyed pleasure in the revelation + which our next census will make of the swift development of the great + resources of some of the States. Each State will bring its generous + contribution to the great aggregate of the nation's increase. And when + the harvests from the fields, the cattle from the hills, and the ores + of the earth shall have been weighed, counted, and valued, we will turn + from them all to crown with the highest honor the State that has most + promoted education, virtue, justice, and patriotism among its people. +</p> +<p> + MARCH 4, 1889. +</p> + +<div style="height: 4em;"><br><br><br><br></div> + +<h2> + SPECIAL MESSAGE. +</h2> +<p class="r"> + EXECUTIVE MANSION, <i>March 17, 1889</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I transmit herewith, in answer to the Senate resolution of the 11th + ultimo, a report of the Secretary of State, with accompanying papers, + in regard to the case of Louis Riel, otherwise known as Louis David + Riel.<a href="#note-1"><small>1</small></a> +</p> +<p class="r"> + BENJ. HARRISON. +</p> +<p> </p><p> </p> + + + + +<div style="height: 4em;"><br><br><br><br></div> + +<h2> + PROCLAMATIONS. +</h2> +<h3> + BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. +</h3> +<h4> + A PROCLAMATION. +</h4> +<p> + The following provisions of the laws of the United States are hereby + published for the information of all concerned: +</p> +<p class="q"> + Section 1956, Revised Statutes, chapter 3, Title XXIII, enacts that— + No person shall kill any otter, mink, marten, sable, or fur seal, or + other fur-bearing animal within the limits of Alaska Territory or in + the waters thereof; and every person guilty thereof shall for each + offense be fined not less than $200 nor more than $1,000, or imprisoned + not more than six months, or both; and all vessels, their tackle, + apparel, furniture, and cargo, found engaged in violation of this + section shall be forfeited; but the Secretary of the Treasury shall + have power to authorize the killing of any such mink, marten, sable, or + other fur-bearing animal, except fur seals, under such regulations as + he may prescribe; and it shall be the duty of the Secretary to prevent + the killing of any fur seal and to provide for the execution of the + provisions of this section until it is otherwise provided by law, nor + shall he grant any special privileges under this section. +</p> +<hr> +<p> + Section 3 of the act entitled "An act to provide for the protection + of the salmon fisheries of Alaska," approved March 2, 1889, provides + that— +</p> +<p class="q"> + Sec. 3. That section 1956 of the Revised Statutes of the United + States is hereby declared to include and apply to all the dominion of + the United States in the waters of Bering Sea, and it shall be the + duty of the President at a timely season in each year to issue his + proclamation, and cause the same to be published for one month in at + least one newspaper (if any such there be) published at each United + States port of entry on the Pacific coast, warning all persons against + entering such waters for the purpose of violating the provisions of + said section, and he shall also cause one or more vessels of the United + States to diligently cruise said waters and arrest all persons and + seize all vessels found to be or to have been engaged in any violation + of the laws of the United States therein. +</p> +<p> + Now, therefore, I, Benjamin Harrison, President of the United States, + pursuant to the above-recited statutes, hereby warn all persons against + entering the waters of Bering Sea within the dominion of the United + States for the purpose of violating the provisions of said section + 1956, Revised Statutes; and I hereby proclaim that all persons found + to be or have been engaged in any violation of the laws of the United + States in said waters will be arrested and punished as above provided, + and that all vessels so employed, their tackle, apparel, furniture, + and cargoes, will be seized and forfeited. +</p> +<p> + In testimony whereof I have hereunto set my hand and caused the seal of + the United States to be affixed. +</p> +<p> + [SEAL.] +</p> +<p> + Done at the city of Washington, this 21st day of March, 1889, and of + the Independence of the United States the one hundred and thirteenth. +</p> +<p class="r"> + BENJ. HARRISON. +</p> +<p><br> +By the President:<br> + JAMES G. BLAINE,<br> + <i>Secretary of State</i>. +</p> +<p> </p><p> </p> + +<h3> + BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. +</h3> +<h4> + A PROCLAMATION. +</h4> +<p> + Whereas, pursuant to section 8 of the act of Congress approved March 3, + 1885, entitled "An act making appropriations for the current and + contingent expenses of the Indian Department and for fulfilling treaty + stipulations with various Indian tribes for the year ending June 30, + 1886, and for other purposes," certain articles of cession and + agreement were made and concluded at the city of Washington on the 19th + day of January, A.D. 1889, by and between the United States of America + and the Muscogee (or Creek) Nation of Indians, whereby the said + Muscogee (or Creek) Nation of Indians, for the consideration therein + mentioned, ceded and granted to the United States, without reservation + or condition, full and complete title to the entire western half of the + domain of the said Muscogee (or Creek) Nation in the Indian Territory, + lying west of the division line surveyed and established under the + treaty with said nation dated the 14th day of June, 1866, and also + granted and released to the United States all and every claim, estate, + right, or interest of any and every description in and to any and all + land and territory whatever, except so much of the former domain of + said Muscogee (or Creek) Nation as lies east of said line of division + surveyed and established as aforesaid, and then used and occupied as + the home of said nation, and which articles of cession and agreement + were duly accepted, ratified, and confirmed by said Muscogee (or Creek) + Nation of Indians by act of its council approved on the 31st day of + January, 1889, and by the United States by act of Congress approved + March 1, 1889; and +</p> +<p> + Whereas by section 12 of the act entitled "An act making appropriations + for the current and contingent expenses of the Indian Department and + for fulfilling treaty stipulations with various Indian tribes for the + year ending June 30, 1890, and for other purposes," approved March 2, + 1889, a sum of money was appropriated to pay in full the Seminole + Nation of Indians for all the right, title, interest, and claim which + said nation of Indians might have in and to certain lands ceded by + article 3 of the treaty between the United States and said nation of + Indians concluded June 14, 1866, and proclaimed August 16, 1866, said + appropriation to become operative upon the execution by the duly + appointed delegates of said nation specially empowered to do so of + a release and conveyance to the United States of all right, title, + interest, and claim of said nation of Indians in and to said lands in + manner and form satisfactory to the President of the United States; and +</p> +<p> + Whereas said release and conveyance, bearing date the 16th day of + March, 1889, has been duly and fully executed, approved, and delivered; + and +</p> +<p> + Whereas section 13 of the act last aforesaid, relating to said lands, + provides as follows: +</p> +<p class="q"> + SEC. 13. That the lands acquired by the United States under said + agreement shall be a part of the public domain, to be disposed of only + as herein provided; and sections 16 and 36 of each township, whether + surveyed or unsurveyed, are hereby reserved for the use and benefit of + the public schools to be established within the limits of said lands + under such conditions and regulations as may be hereafter enacted by + Congress. +</p><p class="q"> + That the lands acquired by conveyance from the Seminole Indians + hereunder, except the sixteenth and thirty-sixth sections, shall be + disposed of to actual settlers under the homestead laws only, except + as herein otherwise provided (except that section 2301 of the Revised + Statutes shall not apply): <i>And provided further</i>, That any person + who, having attempted to but for any cause failed to secure a title + in fee to a homestead under existing law, or who made entry under + what is known as the commuted provision of the homestead law, shall + be qualified to make a homestead entry upon said lands: <i>And provided + further</i>, That the rights of honorably discharged Union soldiers and + sailors in the late Civil War as defined and described in sections 2304 + and 2305 of the Revised Statutes shall not be abridged: <i>And provided + further</i>, That each entry shall be in square form as nearly as + practicable, and no person be permitted to enter more than one quarter + section thereof, but until said lands are opened for settlement by + proclamation of the President no person shall be permitted to enter + upon and occupy the same, and no person violating this provision shall + ever be permitted to enter any of said lands or acquire any right + thereto. +</p><p class="q"> + The Secretary of the Interior may, after said proclamation and not + before, permit entry of said lands for town sites, under sections 2387 + and 2388 of the Revised Statutes, but no such entry shall embrace more + than one half section of land. +</p><p class="q"> + That all the foregoing provisions with reference to lands to be + acquired from the Seminole Indians, including the provisions pertaining + to forfeiture, shall apply to and regulate the disposal of the lands + acquired from the Muscogee (or Creek) Indians by articles of cession + and agreement made and concluded at the city of Washington on the 19th + day of January, A.D. 1889. +</p> +<p> + Now, therefore, I, Benjamin Harrison, President of the United States, + by virtue of the power in me vested by said act of Congress approved + March 2, 1889, aforesaid, do hereby declare and make known that so much + of the lands as aforesaid acquired from or conveyed by the Muscogee (or + Creek) Nation of Indians and from or by the Seminole Nation of Indians, + respectively, as is contained within the following-described + boundaries, viz: +</p> +<p> + Beginning at a point where the degree of longitude 98 west from + Greenwich, as surveyed in the years 1858 and 1871, intersects the + Canadian River; thence north along and with the said degree to a point + where the same intersects the Cimarron River; thence up said river, + along the right bank thereof, to a point where the same is intersected + by the south line of what is known as the Cherokee lands lying west of + the Arkansas River, or as the "Cherokee Outlet," said line being the + north line of the lands ceded by the Muscogee (or Creek) Nation of + Indians to the United States by the treaty of June 14, 1866; thence + east along said line to a point where the same intersects the west line + of the lands set apart as a reservation for the Pawnee Indians by act + of Congress approved April 10, 1876, being the range line between + ranges 4 and 5 east of the Indian meridian; thence south on said line + to a point where the same intersects the middle of the main channel of + the Cimarron River; thence up said river, along the middle of the main + channel thereof, to a point where the same intersects the range line + between range 1 east and range 1 west (being the Indian meridian), + which line forms the western boundary of the reservations set apart, + respectively, for the Iowa and Kickapoo Indians by Executive orders + dated, respectively, August 15, 1883; thence south along said range + line or meridian to a point where the same intersects the right bank + of the North Fork of the Canadian River; thence up said river, along + the right bank thereof, to a point where the same is intersected + by the west line of the reservation occupied by the Citizen band of + Pottawatomies and the Absentee Shawnee Indians, set apart under the + provisions of the treaty of February 27, 1867, between the United + States and the Pottawatomie tribe of Indians, and referred to in the + act of Congress approved May 23, 1872; thence south along the said west + line of the aforesaid reservation to a point where the same intersects + the middle of the main channel of the Canadian River; thence up the + said river, along the middle of the main channel thereof, to a point + opposite to the place of beginning, and thence north to the place of + beginning (saving and excepting 1 acre of land in square form in the + northwest corner of section 9, in township 16 north, range 2 west of + the Indian meridian in Indian Territory, and also 1 acre of land in the + southeast corner of the northwest quarter of section 15, township 16 + north, range 7 west of the Indian meridian in the Indian Territory, + which last-described 2 acres are hereby reserved for Government use and + control), will, at and after the hour of 12 o'clock noon of the 22d day + of April next, and not before, be open for settlement, under the terms + of and subject to all the conditions, limitations, and restrictions + contained in said act of Congress approved March 2, 1889, and the laws + of the United States applicable thereto. +</p> +<p> + And it is hereby expressly declared and made known that no other + parts or portions of the lands embraced within the Indian Territory + than those herein specifically described and declared to be open to + settlement at the time above named and fixed are to be considered as + open to settlement under this proclamation or the act of March 2, 1889, + aforesaid. +</p> +<p> + And warning is hereby again expressly given that no person entering + upon and occupying said lands before said hour of 12 o'clock noon of + the 22d day of April, A.D. 1889, hereinbefore fixed, will ever be + permitted to enter any of said lands or acquire any rights thereto, and + that the officers of the United States will be required to strictly + enforce the provision of the act of Congress to the above effect. +</p> +<p> + In witness whereof I have hereunto set my hand and caused the seal of + the United States to be affixed. +</p> +<p> + Done at the city of Washington, this 23d day of March, A.D. 1889, and + of the Independence of the United States the one hundred and + thirteenth. +</p> +<p> + [SEAL.] +</p> +<p class="r"> + BENJ. HARRISON. +</p> +<p><br> +By the President:<br> + JAMES G. BLAINE,<br> + <i>Secretary of State</i>. +</p> +<p> </p><p> </p> + +<h3> + BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. +</h3> +<h4> + A PROCLAMATION. +</h4> +<p> + A hundred years have passed since the Government which our forefathers + founded was formally organized. At noon on the 30th day of April, 1789, + in the city of New York, and in the presence of an assemblage of the + heroic men whose patriotic devotion had led the colonies to victory and + independence, George Washington took the oath of office as Chief + Magistrate of the new-born Republic. This impressive act was preceded + at 9 o'clock in the morning in all the churches of the city by prayer + for God's blessing on the Government and its first President. +</p> +<p> + The centennial of this illustrious event in our history has been + declared a general holiday by act of Congress, to the end that the + people of the whole country may join in commemorative exercises + appropriate to the day. +</p> +<p> + In order that the joy of the occasion may be associated with a deep + thankfulness in the minds of the people for all our blessings in the + past and a devout supplication to God for their gracious continuance in + the future, the representatives of the religious creeds, both Christian + and Hebrew, have memorialized the Government to designate an hour for + prayer and thanksgiving on that day. +</p> +<p> + Now, therefore, I, Benjamin Harrison, President of the United States of + America, in response to this pious and reasonable request, do recommend + that on Tuesday, April 30, at the hour of 9 o'clock in the morning, + the people of the entire country repair to their respective places + of divine worship to implore the favor of God that the blessings of + liberty, prosperity, and peace may abide with us as a people, and that + His hand may lead us in the paths of righteousness and good deeds. +</p> +<p> + In witness whereof I have hereunto set my hand and caused the seal of + the United States of America to be affixed. +</p> +<p> + [SEAL.] +</p> +<p> + Done in the city of Washington, this 4th day of April, A.D. 1889, and + of the Independence of the United States the one hundred and + thirteenth. +</p> +<p class="r"> + BENJ. HARRISON. +</p> +<p><br> +By the President:<br> + JAMES G. BLAINE,<br> + <i>Secretary of State</i>. +</p> +<p> </p><p> </p> + +<h3> + BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. +</h3> +<h4> + A PROCLAMATION. +</h4> +<p> + A highly favored people, mindful of their dependence on the bounty of + Divine Providence, should seek fitting occasion to testify gratitude + and ascribe praise to Him who is the author of their many blessings. + It behooves us, then, to look back with thankful hearts over the past + year and bless God for His infinite mercy in vouchsafing to our land + enduring peace, to our people freedom from pestilence and famine, to + our husbandmen abundant harvests, and to them that labor a recompense + of their toil. +</p> +<p> + Now, therefore, I, Benjamin Harrison, President of the United States + of America, do earnestly recommend that Thursday, the 28th day of + this present month of November, be set apart as a day of national + thanksgiving and prayer, and that the people of our country, ceasing + from the cares and labors of their working day, shall assemble in their + respective places of worship and give thanks to God, who has prospered + us on our way and made our paths the paths of peace, beseeching Him to + bless the day to our present and future good, making it truly one of + thanksgiving for each reunited home circle as for the nation at large. +</p> +<p> + In witness whereof I have hereunto set my hand and caused the seal of + the United States to be affixed. +</p> +<p> + [SEAL.] +</p> +<p> + Done at the city of Washington, this 1st day of November, A.D. 1889, + and of the Independence of the United States the one hundred and + fourteenth. +</p> +<p class="r"> + BENJ. HARRISON. +</p> +<p><br> +By the President:<br> + JAMES G. BLAINE,<br> + <i>Secretary of State</i>. +</p> +<p> </p><p> </p> + +<h3> + BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. +</h3> +<h4> + A PROCLAMATION. +</h4> +<p> + Whereas the Congress of the United States did by an act approved + on the 22d day of February, 1889, provide that the inhabitants of the + Territory of Dakota might upon the conditions prescribed in said act + become the States of North Dakota and South Dakota; and +</p> +<p> + Whereas it was provided by said act that the area comprising the + Territory of Dakota should for the purposes of the act be divided on + the line of the seventh standard parallel produced due west to the + western boundary of said Territory, and that the delegates elected as + therein provided to the constitutional convention in districts north of + said parallel should assemble in convention at the time prescribed in + the act at the city of Bismarck; and +</p> +<p> + Whereas it was provided by the said act that the delegates elected as + aforesaid should, after they had met and organized, declare on behalf + of the people of North Dakota that they adopt the Constitution of the + United States, whereupon the said convention should be authorized to + form a constitution and State government for the proposed State of + North Dakota; and +</p> +<p> + Whereas it was provided by said act that the constitution so adopted + should be republican in form and make no distinction in civil or + political rights on account of race or color, except as to Indians not + taxed, and not be repugnant to the Constitution of the United States + and the principles of the Declaration of Independence, and that the + convention should, by an ordinance irrevocable without the consent of + the United States and the people of said States, make certain + provisions prescribed in said act; and +</p> +<p> + Whereas it was provided by said act that the constitutions of North + Dakota and South Dakota should, respectively, incorporate an agreement, + to be reached in accordance with the provision of the act, for an + equitable division of all property belonging to the Territory of + Dakota, the disposition of all public records, and also for the + apportionment of the debts and liabilities of said Territory, and that + each of said States should obligate itself to pay its proportion of + such debts and liabilities the same as if they had been created by such + States, respectively; and +</p> +<p> + Whereas it was provided by said act that the constitution thus + formed for the people of North Dakota should, by an ordinance of the + convention forming the same, be submitted to the people of North Dakota + at an election to be held therein on the first Tuesday in October, + 1889, for ratification or rejection by the qualified voters of said + proposed State, and that the returns of said election should be made to + the secretary of the Territory of Dakota, who, with the governor and + chief justice thereof, or any two of them, should canvass the same, and + if a majority of the legal votes cast should be for the constitution + the governor should certify the result to the President of the United + States, together with a statement of the votes cast thereon and upon + separate articles or propositions, and a copy of said constitution, + articles, propositions, and ordinances; and +</p> +<p> + Whereas it has been certified to me by the governor of the Territory + of Dakota that within the time prescribed by said act of Congress a + constitution for the proposed State of North Dakota has been adopted + and the same ratified by a majority of the qualified voters of said + proposed State in accordance with the conditions prescribed in said + act; and +</p> +<p> + Whereas it is also certified to me by the said governor that at the + same time that the body of said constitution was submitted to a vote of + the people a separate article, numbered 20 and entitled "Prohibition," + was also submitted and received a majority of all the votes cast for + and against said article, as well as a majority of all the votes cast + for and against the constitution, and was adopted; and +</p> +<p> + Whereas a duly authenticated copy of said constitution, article, + ordinances, and propositions, as required by said act, has been + received by me: +</p> +<p> + Now, therefore, I, Benjamin Harrison, President of the United States of + America, do, in accordance with the provisions of the act of Congress + aforesaid, declare and proclaim the fact that the conditions imposed + by Congress on the State of North Dakota to entitle that State to + admission to the Union have been ratified and accepted and that the + admission of the said State into the Union is now complete. +</p> +<p> + In testimony whereof I have hereunto set my hand and caused the seal of + the United States to be affixed. +</p> +<p> + [SEAL.] +</p> +<p> + Done at the city of Washington, this 2d day of November, A.D. 1889, and + of the Independence of the United States of America the one hundred and + fourteenth. +</p> +<p class="r"> + BENJ. HARRISON. +</p> +<p><br> +By the President:<br> + JAMES G. BLAINE,<br> + <i>Secretary of State</i>. +</p> +<p> </p><p> </p> + +<h3> + BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. +</h3> +<h4> + A PROCLAMATION. +</h4> +<p> + Whereas the Congress of the United States did by an act approved + on the 22d day of February, 1889, provide that the inhabitants of the + Territory of Dakota might upon the conditions prescribed in the said + act become the States of North Dakota and South Dakota; and +</p> +<p> + Whereas it was provided by said act that the area comprising the + Territory of Dakota should for the purposes of the act be divided on + the line of the seventh standard parallel produced due west to the + western boundary of said Territory, and that the delegates elected as + therein provided to the constitutional convention in districts south of + said parallel should at the time prescribed in the act assemble in + convention at the city of Sioux Falls; and +</p> +<p> + Whereas it was provided by the said act that the delegates elected as + aforesaid should, after they had met and organized, declare on behalf + of the people of South Dakota that they adopt the Constitution of the + United States, whereupon the said convention should be authorized to + form a constitution and State government for the proposed State of + South Dakota; and +</p> +<p> + Whereas it was provided by said act that the constitution so adopted + should be republican in form and make no distinction in civil or + political rights on account of race or color, except as to Indians not + taxed, and not be repugnant to the Constitution of the United States + and the principles of the Declaration of Independence, and that the + convention should, by an ordinance irrevocable without the consent of + the United States and the people of said States, make certain + provisions prescribed in said act; and +</p> +<p> + Whereas it was provided by said act that the constitutions of North + Dakota and South Dakota should, respectively, incorporate an agreement, + to be reached in accordance with the provisions of the act, for an + equitable division of all property belonging to the Territory of + Dakota, the disposition of all public records, and also for the + apportionment of the debts and liabilities of said Territory, and that + each of said States should obligate itself to pay its proportion of + such debts and liabilities the same as if they had been created by such + States respectively; and +</p> +<p> + Whereas it was provided by said act that at the election for delegates + to the constitutional convention in South Dakota, as therein provided, + each elector might have written or printed on his ballot the words + "For the Sioux Falls constitution" or the words "Against the Sioux + Falls constitution;" that the votes on this question should be returned + and canvassed in the same manner as the votes for the election of + delegates, and if a majority of all votes cast on this question should + be "For the Sioux Falls constitution" it should be the duty of the + convention which might assemble at Sioux Falls, as provided in the + act, to resubmit to the people of South Dakota, for ratification or + rejection, at an election provided for in said act, the constitution + framed at Sioux Falls and adopted November 3, 1885, and also the + articles and propositions separately submitted at that election, + including the question of locating the temporary seat of government, + with such changes only as related to the name and boundary of the + proposed State, to the reapportionment of the judicial and legislative + districts, and such amendments as might be necessary in order to comply + with the provisions of the act; and +</p> +<p> + Whereas it was provided by said act that the constitution formed for + the people of South Dakota should, by an ordinance of the convention + forming the same, be submitted to the people of South Dakota at an + election to be held therein on the first Tuesday in October, 1889, for + ratification or rejection by the qualified voters of said proposed + State, and that the returns of said election should be made to the + secretary of the Territory of Dakota, who, with the governor and chief + justice thereof, or any two of them, should canvass the same, and if a + majority of the legal votes cast should be for the constitution the + governor should certify the result to the President of the United + States, together with a statement of the votes cast thereon and upon + separate articles or propositions, and a copy of said constitution, + articles, propositions, and ordinances; and +</p> +<p> + Whereas it has been certified to me by the governor of the Territory of + Dakota that at the aforesaid election for delegates the "Sioux Falls + constitution" was submitted to the people of the proposed State of + South Dakota, as provided in the said act; that a majority of all the + votes cast on this question was "For the Sioux Falls constitution," + and that the said constitution was at the time prescribed in the act + resubmitted to the people of South Dakota, with proper changes and + amendments, and has been adopted and ratified by a majority of the + qualified voters of said proposed State in accordance with the + conditions prescribed in said act; and +</p> +<p> + Whereas it is also certified to me by the said governor that at the + same time that the body of said constitution was submitted to a vote + of the people two additional articles were submitted separately, to + wit, an article numbered 24, entitled "Prohibition," which received a + majority of all the votes cast for and against said article, as well + as a majority of all the votes cast for and against the constitution, + and was adopted; and an article numbered 25, entitled "Minority + representation," which did not receive a majority of the votes cast + thereon or upon the constitution, and was rejected; and +</p> +<p> + Whereas a duly authenticated copy of said constitution, additional + articles, ordinances, and propositions, as required by said act, has + been received by me: +</p> +<p> + Now, therefore, I, Benjamin Harrison, President of the United States of + America, do, in accordance with the act of Congress aforesaid, declare + and proclaim the fact that the conditions imposed by Congress on the + State of South Dakota to entitle that State to admission to the Union + have been ratified and accepted and that the admission of the said + State into the Union is now complete. +</p> +<p> + In testimony whereof I have hereunto set my hand and caused the seal of + the United States to be affixed. +</p> +<p> + [SEAL.] +</p> +<p> + Done at the city of Washington, this 2d day of November, A.D. 1889, and + of the independence of the United States of America the one hundred and + fourteenth. +</p> +<p class="r"> + BENJ. HARRISON. +</p> +<p><br> +By the President:<br> + JAMES G. BLAINE,<br> + <i>Secretary of State</i>. +</p> +<p> </p><p> </p> + +<h3> + BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. +</h3> +<h4> + A PROCLAMATION. +</h4> +<p> + Whereas the Congress of the United States did by an act approved + on the 22d day of February, 1889, provide that the inhabitants of the + Territory of Montana might upon the conditions prescribed in said act + become the State of Montana; and +</p> +<p> + Whereas it was provided by said act that delegates elected as therein + provided to a constitutional convention in the Territory of Montana + should meet at the seat of government of said Territory, and that after + they had met and organized they should declare on behalf of the people + of Montana that they adopt the Constitution of the United States, + whereupon the said convention should be authorized to form a State + government for the proposed State of Montana; and +</p> +<p> + Whereas it was provided by said act that the constitution so adopted + should be republican in form and make no distinction in civil or + political rights on account of race or color, except as to Indians not + taxed, and not be repugnant to the Constitution of the United States + and the principles of the Declaration of Independence, and that the + convention should, by an ordinance irrevocable without the consent of + the United States and the people of said State, make certain provisions + prescribed in said act; and +</p> +<p> + Whereas it was provided by said act that the constitution thus formed + for the people of Montana should, by an ordinance of the convention + forming the same, be submitted to the people of Montana at an election + to be held therein on the 1st Tuesday in October, 1889, for + ratification or rejection by the qualified voters of said proposed + State, and that the returns of said election should be made to the + secretary of said Territory, who, with the governor and chief justice + thereof, or any two of them, should canvass the same, and if a majority + of the legal votes cast should be for the constitution the governor + should certify the result to the President of the United States, + together with a statement of the votes cast thereon and upon separate + articles or propositions, and a copy of said constitution, articles, + propositions, and ordinances; and +</p> +<p> + Whereas it has been certified to me by the governor of said Territory + that within the time prescribed by said act of Congress a constitution + for the proposed State of Montana has been adopted, and that the same, + together with two ordinances connected therewith, has been ratified by + a majority of the qualified voters of said proposed State in accordance + with the conditions prescribed in said act; and +</p> +<p> + Whereas a duly authenticated copy of said constitution and ordinances, + as required by said act, has been received by me: +</p> +<p> + Now, therefore, I, Benjamin Harrison, President of the United States of + America, do, in accordance with the provisions of the act of Congress + aforesaid, declare and proclaim the fact that the conditions imposed by + Congress on the State of Montana to entitle that State to admission to + the Union have been ratified and accepted and that the admission of the + said State into the Union is now complete. +</p> +<p> + In testimony whereof I have hereunto set my hand and caused the seal of + the United States to be affixed. +</p> +<p> + [SEAL.] +</p> +<p> + Done at the city of Washington, this 8th day of November, A.D. 1889, + and of the Independence of the United States of America the one hundred + and fourteenth. +</p> +<p class="r"> + BENJ. HARRISON. +</p> +<p><br> +By the President:<br> + JAMES G. BLAINE,<br> + <i>Secretary of State</i>. +</p> +<p> </p><p> </p> + +<h3> + BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. +</h3> +<h4> + A PROCLAMATION. +</h4> +<p> + Whereas the Congress of the United States did by an act approved + on the 22d day of February, 1889, provide that the inhabitants of the + Territory of Washington might upon the conditions prescribed in said + act become the State of Washington; and +</p> +<p> + Whereas it was provided by said act that delegates elected as therein + provided to a constitutional convention in the Territory of Washington + should meet at the seat of government of said Territory, and that after + they had met and organized they should declare on behalf of the people + of Washington that they adopt the Constitution of the United States, + whereupon the said convention should be authorized to form a State + government for the proposed State of Washington; and +</p> +<p> + Whereas it was provided by said act that the constitution so adopted + should be republican in form and make no distinction in civil or + political rights on account of race or color, except as to Indians not + taxed, and not be repugnant to the Constitution of the United States + and the principles of the Declaration of Independence, and that the + convention should, by an ordinance irrevocable without the consent of + the United States and the people of said State, make certain provisions + prescribed in said act; and +</p> +<p> + Whereas it was provided by said act that the constitution thus formed + for the people of Washington should, by an ordinance of the convention + forming the same, be submitted to the people of Washington at an + election to be held therein on the first Tuesday in October, 1889, for + ratification or rejection by the qualified voters of said proposed + State, and that the returns of said election should be made to the + secretary of said Territory, who, with the governor and chief justice + thereof, or any two of them, should canvass the same, and if a majority + of the legal votes cast should be for the constitution the governor + should certify the result to the President of the United States, + together with a statement of the votes cast thereon and upon separate + articles or propositions, and a copy of said constitution, articles, + propositions, and ordinances; and +</p> +<p> + Whereas it has been certified to me by the governor of said Territory + that within the time prescribed by said act of Congress a constitution + for the proposed State of Washington has been adopted, and that the + same has been ratified by a majority of the qualified voters of said + proposed State in accordance with the conditions prescribed in said + act; and +</p> +<p> + Whereas it is also certified to me by the said governor that at the + same time the body of said constitution was submitted to a vote + of the people two separate articles, entitled "Woman suffrage" and + "Prohibition," were likewise submitted, which said separate articles + did not receive a majority of the votes cast thereon or upon the + constitution, and were rejected; also that at the same election the + question of the location of a permanent seat of government was so + submitted, and that no place received a majority of all the votes + cast upon said question; and +</p> +<p> + Whereas a duly authenticated copy of said constitution and articles, as + required by said act, has been received by me: +</p> +<p> + Now, therefore, I, Benjamin Harrison, President of the United States of + America, do, in accordance with the provisions of the act of Congress + aforesaid, declare and proclaim the fact that the conditions imposed by + Congress on the State of Washington to entitle that State to admission + to the Union have been ratified and accepted and that the admission of + the said State into the Union is now complete. +</p> +<p> + In testimony whereof I have hereunto set my hand and caused the seal of + the United States to be affixed. +</p> +<p> + [SEAL.] +</p> +<p> + Done at the city of Washington, this 11th day of November, A.D. 1889, + and of the Independence of the United States of America the one hundred + and fourteenth. +</p> +<p class="r"> + BENJ. HARRISON. +</p> +<p><br> +By the President:<br> + JAMES G. BLAINE,<br> + <i>Secretary of State</i>. +</p> +<p> </p><p> </p> + +<div style="height: 4em;"><br><br><br><br></div> + +<h2> + EXECUTIVE ORDERS. +</h2> +<p class="r"> + EXECUTIVE MANSION, <i>Washington, March 11, 1889</i>. +</p> +<p> + Whereas civil-service rules for the railway mail service were approved + January 4, 1889, to go into effect March 15, 1889; and +</p> +<p> + Whereas it is represented to me by the Civil Service Commission in a + communication of this date that it will be impossible to complete + arrangements for putting said rules into full effect on said date, or + sooner than May 1, 1889: +</p> +<p> + <i>It is therefore ordered</i>, That said railway mail rules shall take + effect May 1, 1889, instead of March 15, 1889: <i>Provided</i>, That such + rules shall become operative and take effect in any State or Territory + as soon as an eligible register for such State or Territory shall be + prepared, if it shall be prior to the date above fixed. +</p> +<p class="r"> + BENJ. HARRISON. +</p> +<p> </p><p> </p> + + +<center> + AMENDMENT OF CIVIL-SERVICE RULES. +</center> +<p class="r"> + EXECUTIVE MANSION, <i>April 17, 1889</i>. +</p> +<p> + Special Departmental Rule No. 1 is hereby amended by including among the + places excepted from examination thereunder in section 2 the following: + "and inspector of furniture." +</p> +<p> + As amended so much of that section as relates to the office of Secretary + of the Treasury will read as follows: +</p> +<p class="q"> + 2. In the Department of the Treasury, in the office of the Secretary: + Government actuary and inspector of furniture. +</p> +<p class="r"> + BENJ. HARRISON. +</p> +<p> </p><p> </p> + + +<p> + REGULATIONS FOR THE DISTRIBUTION OF ARMS, ORDNANCE STORES, + QUARTERMASTER'S STORES, AND CAMP EQUIPAGE TO THE TERRITORIES AND THE + DISTRICT OF COLUMBIA, PRESCRIBED BY THE PRESIDENT OF THE UNITED STATES + IN CONFORMITY WITH THE SECOND SECTION OF THE ACT ENTITLED "AN ACT TO + AMEND SECTION 1661, REVISED STATUTES, MAKING AN ANNUAL APPROPRIATION TO + PROVIDE ARMS AND EQUIPMENTS FOR THE MILITIA." +</p> +<p class="r"> + EXECUTIVE MANSION, <i>April 23, 1889</i>. +</p> +<p> + 1. Arms, ordnance stores, quartermaster's stores, and camp equipage + shall be issued to the Territories on requisitions of the governors + thereof, and to the District of Columbia on requisitions approved by the + senior general of the District militia present for duty. Returns shall + be made annually by the senior general of the District militia in the + manner as required by sections 3 and 4 of the act above referred to in + the case of States and Territories. +</p> +<p> + 2. It is forbidden to make issues to States and Territories in excess of + the amount to their credit under the provisions of section 1661, Revised + Statutes, as amended by the above act. +</p> +<p> + 3. Any regulations established hitherto which in any way conflict with + these are hereby revoked. +</p> +<p class="r"> + BENJ. HARRISON. +</p> +<p> </p><p> </p> + + +<center> + AMENDMENT OF CIVIL-SERVICE RULES. +</center> +<p class="r"> + MAY 4, 1889. +</p> +<p> + Special Departmental Rule No. 1 is hereby amended by including among the + places excepted from examination thereunder in section 2 the following: + "custodian of dies, rolls, and plates at the Bureau of Engraving and + Printing, two subcustodians, keeper of the vault, and distributer of + stock." +</p> +<p> + As amended so much of that section as relates to the office of the + Secretary of the Treasury will read: +</p> +<p class="q"> + 2. In the Department of the Treasury, in the office of the Secretary: + Government actuary, inspector of furniture, custodian of dies, rolls, + and plates at the Bureau of Engraving and Printing, two subcustodians, + keeper of the vault, and distributer of stock. +</p> +<p class="r"> + BENJ. HARRISON. +</p> +<p> </p><p> </p> + + +<center> + AMENDMENTS OF CIVIL-SERVICE RULES. +</center> +<p class="r"> + EXECUTIVE MANSION, <i>May 27, 1889</i>. +</p> +<p> + Departmental Rule VIII is hereby amended as follows: +</p> +<p> + At the end of section 1 insert an additional clause, as follows: +</p> +<p class="q"> + (<i>d</i>) From the office of the President of the United States, after two + years' continuous service therein immediately preceding the transfer, + to any place in the classified service without examination, upon the + requisition of the head of the Department to which the transfer is to + be made and the certification of the Commission. +</p> +<p> + In section 2, line 1, after the word "authorized," insert the following: + "except as provided in section 1, clause (<i>d</i>)." +</p> +<p class="r"> + BENJ. HARRISON. +</p> +<p> </p><p> </p> + + +<h3> + BY THE PRESIDENT OF THE UNITED STATES. +</h3> +<h4> + EXECUTIVE ORDER. +</h4> +<p class="r"> + EXECUTIVE MANSION, <i>May 29, 1889</i>. +</p> +<p> + <i>It is hereby ordered</i>, That the several Executive Departments and the + Government Printing Office be closed on Thursday, the 30th instant, to + enable the employees to participate in the decoration of the graves of + the soldiers who fell during the rebellion. +</p> +<p class="r"> + BENJ. HARRISON. +</p> +<p> </p><p> </p> + + +<p class="r"> + EXECUTIVE MANSION, <i>June 7, 1889</i>. +</p> +<p> + In November, 1862, President Lincoln quoted the words of Washington to + sustain his own views, and announced in a general order that— +</p> +<p class="q"> + The President, Commander in Chief of the Army and Navy, desires and + enjoins the orderly observance of the Sabbath by the officers and men + in the military and naval service. The importance for man and beast of + the prescribed weekly rest, the sacred rights of Christian soldiers + and sailors, a becoming deference to the best sentiment of a Christian + people, and a due regard for the divine will demand that Sunday labor + in the Army and Navy be reduced to the measure of strict necessity. +</p> +<p> + The truth so concisely stated can not be too faithfully regarded, and + the pressure to ignore it is far less now than in the midst of war. To + recall the kindly and considerate spirit of the orders issued by these + great men in the most trying times of our history, and to promote + contentment and efficiency, the President directs that Sunday-morning + inspection will be merely of the dress and general appearance, without + arms; and the more complete inspection under arms, with all men present, + as required in paragraph 950, Army Regulations, 1889, will take place on + Saturday. +</p> +<p class="r"> + BENJ. HARRISON. +</p> +<p><br> +By the President:<br> + REDFIELD PROCTOR,<br> + <i>Secretary of War</i>. +</p> +<p> </p><p> </p> + +<center> + AMENDMENTS OF CIVIL-SERVICE RULES. +</center> +<p class="r"> + EXECUTIVE MANSION, <i>June 10, 1889</i>. +</p> +<p> + Special Departmental Rule No. 1 is hereby amended as follows: +</p> +<p> + In section 2, at the end of paragraph 1, insert the following: "foremen + of laborers, skilled laborers, elevator conductors, foreman of cabinet + shop, and cabinetmakers." +</p> +<p> + So that as amended so much of section 2 as relates to the office of the + Secretary of the Treasury will read: +</p> +<p class="q"> + In the office of the Secretary: Government actuary, inspector of + furniture, custodian of dies, rolls, and plates at the Bureau of + Engraving and Printing, two subcustodians, keeper of the vault, and + distributer of stock, foremen of laborers, skilled laborers, elevator + conductors, foreman of cabinet shop, and cabinetmakers. +</p> +<p> + In section 3 strike out the last paragraph and insert in lieu thereof + the following: +</p> +<p class="q"> + In the Geological Survey: General assistant, executive officer, chief + photographer, editor, all scientific employees of the Geological Survey + officially designated as follows: Chief geologist, geologist, assistant + geologist, chief paleontologist, paleontologist, and assistant + paleontologist, chief chemist, chemist, assistant chemist, chief + physicist, physicist, assistant physicist, chief geographer, geographer, + assistant geographer, chief topographer, topographer, assistant + topographer, chief hydrographer, hydrographer, assistant hydrographer, + supervising engineer, engineer, assistant engineer, paleontological + draftsman, chief mechanician, mechanician, assistant mechanician. +</p> +<p class="r"> + BENJ. HARRISON. +</p> +<p> </p><p> </p> + + +<center> + AMENDMENT OF CIVIL-SERVICE RULES. +</center> +<p class="r"> + EXECUTIVE MANSION, <i>June 18, 1889</i>. +</p> +<p> + Departmental Rule X, Customs Rule VII, Postal Rule VII, and Railway Mail + Rule VI are hereby amended by adding to each of said rules, at the end + thereof, the following: +</p> +<p class="q"> + <i>Provided</i>, 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 of the United States in the late War of + the Rebellion, and was honorably discharged therefrom, without regard to + the length of time he has been separated from the service. +</p> +<p class="r"> + BENJ. HARRISON. +</p> +<p> </p><p> </p> + + +<center> + AMENDMENT OF CIVIL-SERVICE RULES. +</center> +<p class="r"> + JULY 26, 1889. +</p> +<p> + Clause (<i>h</i>) of section 2 of General Rule III is hereby amended by + adding to that clause, at the end thereof, the following: "or for + temporary appointment for not exceeding thirty days in any part of the + classified service." +</p> +<p> + Approved: +</p> +<p class="r"> + BENJ. HARRISON. +</p> +<p> </p><p> </p> + + +<center> + AMENDMENT OF CIVIL-SERVICE RULES. +</center> +<p class="r"> + JULY 26, 1889. +</p> + +<p> + Section 5 of Railway Mail Rule II is hereby amended by adding an + additional clause, as follows: +</p> +<p class="q"> + (<i>c</i>) Printers, employed as such. +</p> +<p> + Approved: +</p> +<p class="r"> + BENJ. HARRISON. +</p> +<p> </p><p> </p> + + +<center> + AMENDMENT OF CIVIL-SERVICE RULES. +</center> +<p class="r"> + EXECUTIVE MANSION, <i>August 17, 1889</i>. +</p> +<p> + Clause 5 of Railway Mail Rule II is hereby amended by adding thereto the + following clauses: +</p> +<p class="q"> + (<i>d</i>) Clerks employed exclusively as porters in handling mail matter in + bulk, in sacks, or pouches, and not otherwise. +</p><p class="q"> + (<i>e</i>) Clerks employed exclusively on steamboats. +</p> +<p> + Approved: +</p> +<p class="r"> + BENJ. HARRISON. +</p> +<p> </p><p> </p> + + +<center> + AMENDMENT OF CIVIL-SERVICE RULES. +</center> +<p class="r"> + AUGUST 20, 1889. +</p> +<p> + Clause 2 of Special Departmental Rule No. 1 is hereby amended by + including among the places excepted from examination in the office of + the Supervising Architect the following: "engineers and draftsmen of + classes 1, 2, 3, 4, and 5, not exceeding ten in all: <i>Provided</i>, That + these ten places shall cease to be excepted places from and after June + 30, 1890." +</p> +<p> + As thus amended so much of clause 2 as relates to the office of the + Supervising Architect will read as follows: +</p> +<p class="q"> + In the office of the Supervising Architect: Supervising Architect, + assistant and chief clerk, confidential clerk to Supervising Architect, + photographer, engineers and draftsmen of classes 1, 2, 3, 4, and 5, not + exceeding ten in all: <i>Provided</i>, That these ten places shall cease to + be excepted places from and after June 30, 1890. +</p> +<p> + Approved: +</p> +<p class="r"> + BENJ. HARRISON. +</p> +<p> </p><p> </p> + + +<center> + AMENDMENT OF CIVIL-SERVICE RULES. +</center> +<p class="r"> + OCTOBER 29, 1889. +</p> +<p> + Section 2 of Special Departmental Rule No. 1 is hereby amended by adding + to the places excepted from examination in the Bureau of Engraving and + Printing the following: "plate cleaners, transferrers, hardeners, + provers, pressmen, machinists, plumbers, carpenters, and blacksmiths." +</p> +<p> + Approved: +</p> +<p class="r"> + BENJ. HARRISON. +</p> +<p> </p><p> </p> + + +<center> + AMENDMENTS OF CIVIL-SERVICE RULES. +</center> +<p> + Section 2 of Railway Mail Rule IV is hereby amended by substituting for + clause (<i>b</i>) of said section the following: +</p> +<p class="q"> + (<i>b</i>) The Commission shall certify from the register of the State or + Territory in which the vacancy exists the names of the three eligibles + thereon having the highest averages, resident in the counties of said + State or Territory through or on the borders of which the section of the + road passes on which the person to be appointed is to serve, who have + not been three times certified: <i>Provided</i>, That if there are not three + eligibles resident in said counties, then certification shall be made in + like manner from the counties of said State or Territory nearest to the + line of said road in which there are three eligibles; or if there are + not three eligibles upon the register of said State or Territory, then + certification may be made from the register of any adjoining State or + Territory: <i>Provided further</i>, That if upon the register of the State + or Territory in which vacancy exists there are the names of eligibles + having a claim of preference under section 1754, Revised Statutes, the + names of such eligibles shall be certified before the names of other + eligibles of higher grade. +</p> +<p> + At the end of the rule add an additional section, as follows: +</p> +<p class="q"> + 7. In case of public and pressing exigency demanding the immediate + employment of experienced railway mail clerks who can not be at once + supplied in the manner provided for in section 2 of this rule, or by + transfer under Rule V, or reappointment under Rule VI, there may be + employed, without examination or certification, under such regulations + as the Postmaster-General may prescribe, for a period not to exceed + thirty days, which, with the consent of the Commission, may be extended + to sixty days, any persons who have been in the railway mail service, + who have the requisite knowledge and experience, who may be available. + Every such employment and the reasons therefor shall be at once + reported to the Commission. +</p> +<p> + Approved, November 1, 1889. +</p> +<p class="r"> + BENJ. HARRISON. +</p> +<p> </p><p> </p> + + +<center> + AMENDMENT OF CIVIL-SERVICE RULES. +</center> +<p> + Special Customs Rule No. 1 is hereby amended by adding to the places + excepted from examination at the port of New York the following: +</p> +<p class="q"> + Office of the General Appraiser: Chief clerk and law clerk. +</p> +<p> + Approved, November 18, 1889. +</p> +<p class="r"> + BENJ. HARRISON. +</p> +<p> </p><p> </p> + + +<div style="height: 4em;"><br><br><br><br></div> + +<h2> + FIRST ANNUAL MESSAGE. +</h2> +<p class="r"> + EXECUTIVE MANSION, <i>Washington, December 3, 1889</i>. +</p> +<p> + <i>To the Senate and House of Representatives</i>: +</p> +<p> + There are few transactions in the administration of the Government + that are even temporarily held in the confidence of those charged + with the conduct of the public business. Every step taken is under the + observation of an intelligent and watchful people. The state of the + Union is known from day to day, and suggestions as to needed legislation + find an earlier voice than that which speaks in these annual + communications of the President to Congress. +</p> +<p> + Good will and cordiality have characterized our relations and + correspondence with other governments, and the year just closed leaves + few international questions of importance remaining unadjusted. No + obstacle is believed to exist that can long postpone the consideration + and adjustment of the still pending questions upon satisfactory and + honorable terms. The dealings of this Government with other states have + been and should always be marked by frankness and sincerity, our + purposes avowed, and our methods free from intrigue. This course has + borne rich fruit in the past, and it is our duty as a nation to preserve + the heritage of good repute which a century of right dealing with + foreign governments has secured to us. +</p> +<p> + It is a matter of high significance and no less of congratulation that + the first year of the second century of our constitutional existence + finds as honored guests within our borders the representatives of all + the independent States of North and South America met together in + earnest conference touching the best methods of perpetuating and + expanding the relations of mutual interest and friendliness existing + among them. That the opportunity thus afforded for promoting closer + international relations and the increased prosperity of the States + represented will be used for the mutual good of all I can not permit + myself to doubt. Our people will await with interest and confidence the + results to flow from so auspicious a meeting of allied and in large part + identical interests. +</p> +<p> + The recommendations of this international conference of enlightened + statesmen will doubtless have the considerate attention of Congress and + its cooperation in the removal of unnecessary barriers to beneficial + intercourse between the nations of America. But while the commercial + results which it is hoped will follow this conference are worthy of + pursuit and of the great interests they have excited, it is believed + that the crowning benefit will be found in the better securities which + may be devised for the maintenance of peace among all American nations + and the settlement of all contentions by methods that a Christian + civilization can approve. While viewing with interest our national + resources and products, the delegates will, I am sure, find a higher + satisfaction in the evidences of unselfish friendship which everywhere + attend their intercourse with our people. +</p> +<p> + Another international conference having great possibilities for good has + lately assembled and is now in session in this capital. An invitation + was extended by the Government, under the act of Congress of July 9, + 1888, to all maritime nations to send delegates to confer touching the + revision and amendment of the rules and regulations governing vessels at + sea and to adopt a uniform system of marine signals. The response to + this invitation has been very general and very cordial. Delegates from + twenty-six nations are present in the conference, and they have entered + upon their useful work with great zeal and with an evident appreciation + of its importance. So far as the agreement to be reached may require + legislation to give it effect, the cooperation of Congress is + confidently relied upon. +</p> +<p> + It is an interesting, if not, indeed, an unprecedented, fact that the + two international conferences have brought together here the accredited + representatives of thirty-three nations. +</p> +<p> + Bolivia, Ecuador, and Honduras are now represented by resident envoys of + the plenipotentiary grade. All the States of the American system now + maintain diplomatic representation at this capital. +</p> +<p> + In this connection it may be noted that all the nations of the Western + Hemisphere, with one exception, send to Washington envoys extraordinary + and ministers plenipotentiary, being the highest grade accredited to + this Government. The United States, on the contrary, sends envoys of + lower grades to some of our sister Republics. Our representative in + Paraguay and Uruguay is a minister resident, while to Bolivia we send a + minister resident and consul-general. In view of the importance of our + relations with the States of the American system, our diplomatic agents + in those countries should be of the uniform rank of envoy extraordinary + and minister plenipotentiary. Certain missions were so elevated by the + last Congress with happy effect, and I recommend the completion of the + reform thus begun, with the inclusion also of Hawaii and Hayti, in view + of their relations to the American system of states. +</p> +<p> + I also recommend that timely provision be made for extending to Hawaii + an invitation to be represented in the international conference now + sitting at this capital. +</p> +<p> + Our relations with China have the attentive consideration which their + magnitude and interest demand. The failure of the treaty negotiated + under the Administration of my predecessor for the further and more + complete restriction of Chinese labor immigration, and with it the + legislation of the last session of Congress dependent thereon, leaves + some questions open which Congress should now approach in that wise and + just spirit which should characterize the relations of two great and + friendly powers. While our supreme interests demand the exclusion of + a laboring element which experience has shown to be incompatible with + our social life, all steps to compass this imperative need should be + accompanied with a recognition of the claim of those strangers now + lawfully among us to humane and just treatment. +</p> +<p> + The accession of the young Emperor of China marks, we may hope, an era + of progress and prosperity for the great country over which he is called + to rule. +</p> +<p> + The present state of affairs in respect to the Samoan Islands is + encouraging. The conference which was held in this city in the summer + of 1887 between the representatives of the United States, Germany, and + Great Britain having been adjourned because of the persistent divergence + of views which was developed in its deliberations, the subsequent course + of events in the islands gave rise to questions of a serious character. + On the 4th of February last the German minister at this capital, in + behalf of his Government, proposed a resumption of the conference at + Berlin. This proposition was accepted, as Congress in February last was + informed. +</p> +<p> + Pursuant to the understanding thus reached, commissioners were appointed + by me, by and with the advice and consent of the Senate, who proceeded + to Berlin, where the conference was renewed. The deliberations extended + through several weeks, and resulted in the conclusion of a treaty which + will be submitted to the Senate for its approval. I trust that the + efforts which have been made to effect an adjustment of this question + will be productive of the permanent establishment of law and order in + Samoa upon the basis of the maintenance of the rights and interests of + the natives as well as of the treaty powers. +</p> +<p> + The questions which have arisen during the past few years between Great + Britain and the United States are in abeyance or in course of amicable + adjustment. +</p> +<p> + On the part of the government of the Dominion of Canada an effort has + been apparent during the season just ended to administer the laws and + regulations applicable to the fisheries with as little occasion for + friction as was possible, and the temperate representations of this + Government in respect of cases of undue hardship or of harsh + interpretations have been in most cases met with measures of transitory + relief. It is trusted that the attainment of our just rights under + existing treaties and in virtue of the concurrent legislation of the two + contiguous countries will not be long deferred and that all existing + causes of difference may be equitably adjusted. +</p> +<p> + I recommend that provision be made by an international agreement for + visibly marking the water boundary between the United States and Canada + in the narrow channels that join the Great Lakes. The conventional line + therein traced by the northwestern boundary survey years ago is not in + all cases readily ascertainable for the settlement of jurisdictional + questions. +</p> +<p> + A just and acceptable enlargement of the list of offenses for which + extradition may be claimed and granted is most desirable between this + country and Great Britain. The territory of neither should become a + secure harbor for the evil doers of the other through any avoidable + shortcoming in this regard. A new treaty on this subject between the two + powers has been recently negotiated and will soon be laid before the + Senate. +</p> +<p> + The importance of the commerce of Cuba and Puerto Rico with the United + States, their nearest and principal market, justifies the expectation + that the existing relations may be beneficially expanded. The + impediments resulting from varying dues on navigation and from the + vexatious treatment of our vessels on merely technical grounds of + complaint in West India ports should be removed. +</p> +<p> + The progress toward an adjustment of pending claims between the United + States and Spain is not as rapid as could be desired. +</p> +<p> + Questions affecting American interests in connection with railways + constructed and operated by our citizens in Peru have claimed the + attention of this Government. It is urged that other governments in + pressing Peru to the payment of their claims have disregarded the + property rights of American citizens. The matter will be carefully + investigated with a view to securing a proper and equitable adjustment. +</p> +<p> + A similar issue is now pending with Portugal. The Delagoa Bay Railway, + in Africa, was constructed under a concession by Portugal to an American + citizen. When nearly completed the road was seized by the agents of the + Portuguese Government. Formal protest has been made through our minister + at Lisbon against this act, and no proper effort will be spared to + secure proper relief. +</p> +<p> + In pursuance of the charter granted by Congress and under the terms of + its contract with the Government of Nicaragua the Interoceanic Canal + Company has begun the construction of the important waterway between the + two oceans which its organization contemplates. Grave complications for + a time seemed imminent, in view of a supposed conflict of jurisdiction + between Nicaragua and Costa Rica in regard to the accessory privileges + to be conceded by the latter Republic toward the construction of works + on the San Juan River, of which the right bank is Costa Rican territory. + I am happy to learn that a friendly arrangement has been effected + between the two nations. This Government has held itself ready to + promote in every proper way the adjustment of all questions that might + present obstacles to the completion of a work of such transcendent + importance to the commerce of this country, and, indeed, to the + commercial interests of the world. +</p> +<p> + The traditional good feeling between this country and the French + Republic has received additional testimony in the participation of + our Government and people in the international exposition held at + Paris during the past summer. The success of our exhibitors has been + gratifying. The report of the commission will be laid before Congress + in due season. +</p> +<p> + This Government has accepted, under proper reserve as to its policy in + foreign territories, the invitation of the Government of Belgium to take + part in an international congress, which opened at Brussels on the 16th + of November, for the purpose of devising measures to promote the + abolition of the slave trade in Africa and to prevent the shipment of + slaves by sea. Our interest in the extinction of this crime against + humanity in the regions where it yet survives has been increased by the + results of emancipation within our own borders. +</p> +<p> + With Germany the most cordial relations continue. The questions arising + from the return to the Empire of Germans naturalized in this country are + considered and disposed of in a temperate spirit to the entire + satisfaction of both Governments. +</p> +<p> + It is a source of great satisfaction that the internal disturbances of + the Republic of Hayti are at last happily ended, and that an apparently + stable government has been constituted. It has been duly recognized by + the United States. +</p> +<p> + A mixed commission is now in session in this capital for the settlement + of long-standing claims against the Republic of Venezuela, and it is + hoped that a satisfactory conclusion will be speedily reached. This + Government has not hesitated to express its earnest desire that the + boundary dispute now pending between Great Britain and Venezuela may be + adjusted amicably and in strict accordance with the historic title of + the parties. +</p> +<p> + The advancement of the Empire of Japan has been evidenced by the recent + promulgation of a new constitution, containing valuable guaranties of + liberty and providing for a responsible ministry to conduct the + Government. +</p> +<p> + It is earnestly recommended that our judicial rights and processes in + Korea be established on a firm basis by providing the machinery + necessary to carry out treaty stipulations in that regard. +</p> +<p> + The friendliness of the Persian Government continues to be shown by its + generous treatment of Americans engaged in missionary labors and by the + cordial disposition of the Shah to encourage the enterprise of our + citizens in the development of Persian resources. +</p> +<p> + A discussion is in progress touching the jurisdictional treaty rights of + the United States in Turkey. An earnest effort will be made to define + those rights to the satisfaction of both Governments. +</p> +<p> + Questions continue to arise in our relations with several countries in + respect to the rights of naturalized citizens. Especially is this the + case with France, Italy, Russia, and Turkey, and to a less extent with + Switzerland. From time to time earnest efforts have been made to + regulate this subject by conventions with those countries. An improper + use of naturalization should not be permitted, but it is most important + that those who have been duly naturalized should everywhere be accorded + recognition of the rights pertaining to the citizenship of the country + of their adoption. The appropriateness of special conventions for that + purpose is recognized in treaties which this Government has concluded + with a number of European States, and it is advisable that the + difficulties which now arise in our relations with other countries on + the same subject should be similarly adjusted. +</p> +<p> + The recent revolution in Brazil in favor of the establishment of a + republican form of government is an event of great interest to the + United States. Our minister at Rio de Janeiro was at once instructed to + maintain friendly diplomatic relations with the Provisional Government, + and the Brazilian representatives at this capital were instructed by the + Provisional Government to continue their functions. Our friendly + intercourse with Brazil has therefore suffered no interruption. +</p> +<p> + Our minister has been further instructed to extend on the part of this + Government a formal and cordial recognition of the new Republic so soon + as the majority of the people of Brazil shall have signified their + assent to its establishment and maintenance. +</p> +<p> + Within our own borders a general condition of prosperity prevails. The + harvests of the last summer were exceptionally abundant, and the trade + conditions now prevailing seem to promise a successful season to the + merchant and the manufacturer and general employment to our working + people. +</p> +<p> + The report of the Secretary of the Treasury for the fiscal year ending + June 30, 1889, has been prepared and will be presented to Congress. + It presents with clearness the fiscal operations of the Government, and + I avail myself of it to obtain some facts for use here. +</p> +<p> + The aggregate receipts from all sources for the year were + $387,050,058.84, derived as follows: +</p> + +<table width="100%" summary=""> <tr><td> From customs </td><td align="right"> +$223,832,741.69</td></tr> <tr><td> From internal revenue </td><td +align="right"> 130,881,513.92</td></tr> <tr><td> From miscellaneous +sources </td><td align="right"> 32,335,803.23</td></tr> </table> + +<p> + The ordinary expenditures for the same period were $281,996,615.60, + and the total expenditures, including the sinking fund, were + $329,579,929.25. The excess of receipts over expenditures was, after + providing for the sinking fund, $57,470,129.59. +</p> +<p> + For the current fiscal year the total revenues, actual and estimated, + are $385,000,000, and the ordinary expenditures, actual and estimated, + are $293,000,000, making with the sinking fund a total expenditure of + $341,321,116.99, leaving an estimated surplus of $43,678,883.01. +</p> +<p> + During the fiscal year there was applied to the purchase of bonds, in + addition to those for the sinking fund, $90,456,172.35, and during the + first quarter of the current year the sum of $37,838,937.77, all of + which were credited to the sinking fund. The revenues for the fiscal + year ending June 30, 1891, are estimated by the Treasury Department at + $385,000,000, and the expenditures for the same period, including the + sinking fund, at $341,430,477.70. This shows an estimated surplus for + that year of $43,569,522.30, which is more likely to be increased than + reduced when the actual transactions are written up. +</p> +<p> + The existence of so large an actual and anticipated surplus should + have the immediate attention of Congress, with a view to reducing the + receipts of the Treasury to the needs of the Government as closely as + may be. The collection of moneys not needed for public uses imposes an + unnecessary burden upon our people, and the presence of so large a + surplus in the public vaults is a disturbing element in the conduct + of private business. It has called into use expedients for putting + it into circulation of very questionable propriety. We should not + collect revenue for the purpose of anticipating our bonds beyond the + requirements of the sinking fund, but any unappropriated surplus in the + Treasury should be so used, as there is no other lawful way of returning + the money to circulation, and the profit realized by the Government + offers a substantial advantage. +</p> +<p> + The loaning of public funds to the banks without interest upon the + security of Government bonds I regard as an unauthorized and dangerous + expedient. It results in a temporary and unnatural increase of the + banking capital of favored localities and compels a cautious and gradual + recall of the deposits to avoid injury to the commercial interests. It + is not to be expected that the banks having these deposits will sell + their bonds to the Treasury so long as the present highly beneficial + arrangement is continued. They now practically get interest both upon + the bonds and their proceeds. No further use should be made of this + method of getting the surplus into circulation, and the deposits now + outstanding should be gradually withdrawn and applied to the purchase of + bonds. It is fortunate that such a use can be made of the existing + surplus, and for some time to come of any casual surplus that may exist + after Congress has taken the necessary steps for a reduction of the + revenue. Such legislation should be promptly but very considerately + enacted. +</p> +<p> + I recommend a revision of our tariff law both in its administrative + features and in the schedules. The need of the former is generally + conceded, and an agreement upon the evils and inconveniences to be + remedied and the best methods for their correction will probably not be + difficult. Uniformity of valuation at all our ports is essential, and + effective measures should be taken to secure it. It is equally desirable + that questions affecting rates and classifications should be promptly + decided. +</p> +<p> + The preparation of a new schedule of customs duties is a matter of great + delicacy because of its direct effect upon the business of the country, + and of great difficulty by reason of the wide divergence of opinion as + to the objects that may properly be promoted by such legislation. Some + disturbance of business may perhaps result from the consideration of + this subject by Congress, but this temporary ill effect will be reduced + to the minimum by prompt action and by the assurance which the country + already enjoys that any necessary changes will be so made as not to + impair the just and reasonable protection of our home industries. The + inequalities of the law should be adjusted, but the protective principle + should be maintained and fairly applied to the products of our farms as + well as of our shops. These duties necessarily have relation to other + things besides the public revenues. We can not limit their effects by + fixing our eyes on the public Treasury alone. They have a direct + relation to home production, to work, to wages, and to the commercial + independence of our country, and the wise and patriotic legislator + should enlarge the field of his vision to include all of these. The + necessary reduction in our public revenues can, I am sure, be made + without making the smaller burden more onerous than the larger by reason + of the disabilities and limitations which the process of reduction puts + upon both capital and labor. The free list can very safely be extended + by placing thereon articles that do not offer injurious competition to + such domestic products as our home labor can supply. The removal of the + internal tax upon tobacco would relieve an important agricultural + product from a burden which was imposed only because our revenue from + customs duties was insufficient for the public needs. If safe provision + against fraud can be devised, the removal of the tax upon spirits used + in the arts and in manufactures would also offer an unobjectionable + method of reducing the surplus. +</p> +<p> + A table presented by the Secretary of the Treasury showing the amount of + money of all kinds in circulation each year from 1878 to the present + time is of interest. It appears that the amount of national-bank notes + in circulation has decreased during that period $114,109,729, of which + $37,799,229 is chargeable to the last year. The withdrawal of bank + circulation will necessarily continue under existing conditions. It is + probable that the adoption of the suggestions made by the Comptroller + of the Currency, namely, that the minimum deposit of bonds for the + establishment of banks be reduced and that an issue of notes to the + par value of the bonds be allowed, would help to maintain the bank + circulation. But while this withdrawal of bank notes has been going on + there has been a large increase in the amount of gold and silver coin in + circulation and in the issues of gold and silver certificates. +</p> +<p> + The total amount of money of all kinds in circulation on March 1, + 1878, was $805,793,807, while on October 1, 1889, the total was + $1,405,018,000. There was an increase of $293,417,552 in gold coin, + of $57,554,100 in standard silver dollars, of $72,311,249 in gold + certificates, of $276,619,715 in silver certificates, and of $14,073,787 + in United States notes, making a total of $713,976,403. There was during + the same period a decrease of $114,109,729 in bank circulation and of + $642,481 in subsidiary silver. The net increase was $599,224,193. The + circulation per capita has increased about $5 during the time covered by + the table referred to. +</p> +<p> + The total coinage of silver dollars was on November 1, 1889, + $343,638,001, of which $283,539,521 were in the Treasury vaults and + $60,098,480 were in circulation. Of the amount in the vaults + $277,319,944 were represented by outstanding silver certificates, + leaving $6,219,577 not in circulation and not represented by + certificates. +</p> +<p> + The law requiring the purchase by the Treasury of $2,000,000 worth of + silver bullion each month, to be coined into silver dollars of 412-1/2 + grains, has been observed by the Department, but neither the present + Secretary nor any of his predecessors has deemed it safe to exercise the + discretion given by law to increase the monthly purchases to $4,000,000. + When the law was enacted (February 28, 1878) the price of silver in the + market was $1.204 Per ounce, making the bullion value of the dollar 93 + cents. Since that time the price has fallen as low as 91.2 cents per + ounce, reducing the bullion value of the dollar to 70.6 cents. Within + the last few months the market price has somewhat advanced, and on the + 1st day of November last the bullion value of the silver dollar was 72 + cents. +</p> +<p> + The evil anticipations which have accompanied the coinage and use of the + silver dollar have not been realized. As a coin it has not had general + use, and the public Treasury has been compelled to store it. But this + is manifestly owing to the fact that its paper representative is more + convenient. The general acceptance and the use of the silver certificate + show that silver has not been otherwise discredited. Some favorable + conditions have contributed to maintain this practical equality in their + commercial use between the gold and silver dollars; but some of these + are trade conditions that statutory enactments do not control and of the + continuance of which we can not be certain. +</p> +<p> + I think it is clear that if we should make the coinage of silver at the + present ratio free we must expect that the difference in the bullion + values of the gold and silver dollars will be taken account of in + commercial transactions; and I fear the same result would follow any + considerable increase of the present rate of coinage. Such a result + would be discreditable to our financial management and disastrous to all + business interests. We should not tread the dangerous edge of such a + peril. And, indeed, nothing more harmful could happen to the silver + interests. Any safe legislation upon this subject must secure the + equality of the two coins in their commercial uses. +</p> +<p> + I have always been an advocate of the use of silver in our currency. + We are large producers of that metal, and should not discredit it. To + the plan which will be presented by the Secretary of the Treasury for + the issuance of notes or certificates upon the deposit of silver bullion + at its market value I have been able to give only a hasty examination, + owing to the press of other matters and to the fact that it has been + so recently formulated. The details of such a law require careful + consideration, but the general plan suggested by him seems to satisfy + the purpose—to continue the use of silver in connection with our + currency and at the same time to obviate the danger of which I have + spoken. At a later day I may communicate further with Congress upon this + subject. +</p> +<p> + The enforcement of the Chinese exclusion act has been found to be very + difficult on the northwestern frontier. Chinamen landing at Victoria + find it easy to pass our border, owing to the impossibility with the + force at the command of the customs officers of guarding so long an + inland line. The Secretary of the Treasury has authorized the employment + of additional officers, who will be assigned to this duty, and every + effort will be made to enforce the law. The Dominion exacts a head tax + of $50 for each Chinaman landed, and when these persons, in fraud of our + law, cross into our territory and are apprehended our officers do not + know what to do with them, as the Dominion authorities will not suffer + them to be sent back without a second payment of the tax. An effort will + be made to reach an understanding that will remove this difficulty. +</p> +<p> + The proclamation required by section 3 of the act of March 2, 1889, + relating to the killing of seals and other fur-bearing animals, was + issued by me on the 21st day of March,<a href="#note-2"><small>2</small></a> and a revenue vessel was + dispatched to enforce the laws and protect the interests of the United + States. The establishment of a refuge station at Point Barrow, as + directed by Congress, was successfully accomplished. +</p> +<p> + Judged by modern standards, we are practically without coast defenses. + Many of the structures we have would enhance rather than diminish the + perils of their garrisons if subjected to the fire of improved guns, and + very few are so located as to give full effect to the greater range of + such guns as we are now making for coast-defense uses. This general + subject has had consideration in Congress for some years, and the + appropriation for the construction of large rifled guns made one year + ago was, I am sure, the expression of a purpose to provide suitable + works in which these guns might be mounted. An appropriation now made + for that purpose would not advance the completion of the works beyond + our ability to supply them with fairly effective guns. +</p> +<p> + The security of our coast cities against foreign attacks should not rest + altogether in the friendly disposition of other nations. There should be + a second line wholly in our own keeping. I very urgently recommend an + appropriation at this session for the construction of such works in our + most exposed harbors. +</p> +<p> + I approve the suggestion of the Secretary of War that provision be made + for encamping companies of the National Guard in our coast works for + a specified time each year and for their training in the use of heavy + guns. His suggestion that an increase of the artillery force of the Army + is desirable is also, in this connection, commended to the consideration + of Congress. +</p> +<p> + The improvement of our important rivers and harbors should be promoted + by the necessary appropriations. Care should be taken that the + Government is not committed to the prosecution of works not of public + and general advantage and that the relative usefulness of works of that + class is not overlooked. So far as this work can ever be said to be + completed, I do not doubt that the end would be sooner and more + economically reached if fewer separate works were undertaken at the same + time, and those selected for their greater general interest were more + rapidly pushed to completion. A work once considerably begun should not + be subjected to the risks and deterioration which interrupted or + insufficient appropriations necessarily occasion. +</p> +<p> + The assault made by David S. Terry upon the person of Justice Field, + of the Supreme Court of the United States, at Lathrop, Cal., in August + last, and the killing of the assailant by a deputy United States marshal + who had been deputed to accompany Justice Field and to protect him from + anticipated violence at the hands of Terry, in connection with the legal + proceedings which have followed, suggest questions which, in my + judgment, are worthy of the attention of Congress. +</p> +<p> + I recommend that more definite provision be made by law not only for the + protection of Federal officers, but for a full trial of such cases in + the United States courts. In recommending such legislation I do not at + all impeach either the general adequacy of the provision made by the + State laws for the protection of all citizens or the general good + disposition of those charged with the execution of such laws to give + protection to the officers of the United States. The duty of protecting + its officers, as such, and of punishing those who assault them on + account of their official acts should not be devolved expressly or by + acquiescence upon the local authorities. +</p> +<p> + Events which have been brought to my attention happening in other + parts of the country have also suggested the propriety of extending by + legislation fuller protection to those who may be called as witnesses in + the courts of the United States. The law compels those who are supposed + to have knowledge of public offenses to attend upon our courts and grand + juries and to give evidence. There is a manifest resulting duty that + these witnesses shall be protected from injury on account of their + testimony. The investigations of criminal offenses are often rendered + futile and the punishment of crime impossible by the intimidation of + witnesses. +</p> +<p> + The necessity of providing some more speedy method for disposing of the + cases which now come for final adjudication to the Supreme Court becomes + every year more apparent and urgent. The plan of providing some + intermediate courts having final appellate jurisdiction of certain + classes of questions and cases has, I think, received a more general + approval from the bench and bar of the country than any other. Without + attempting to discuss details, I recommend that provision be made for + the establishment of such courts. +</p> +<p> + The salaries of the judges of the district courts in many of the + districts are, in my judgment, inadequate. I recommend that all such + salaries now below $5,000 per annum be increased to that amount. It is + quite true that the amount of labor performed by these judges is very + unequal, but as they can not properly engage in other pursuits to + supplement their incomes the salary should be such in all cases as to + provide an independent and comfortable support. +</p> +<p> + Earnest attention should be given by Congress to a consideration of the + question how far the restraint of those combinations of capital commonly + called "trusts" is matter of Federal jurisdiction. When organized, as + they often are, to crush out all healthy competition and to monopolize + the production or sale of an article of commerce and general necessity, + they are dangerous conspiracies against the public good, and should be + made the subject of prohibitory and even penal legislation. +</p> +<p> + The subject of an international copyright has been frequently commended + to the attention of Congress by my predecessors. The enactment of such a + law would be eminently wise and just. +</p> +<p> + Our naturalization laws should be so revised as to make the inquiry into + the moral character and good disposition toward our Government of the + persons applying for citizenship more thorough. This can only be done + by taking fuller control of the examination, by fixing the times for + hearing such applications, and by requiring the presence of some one who + shall represent the Government in the inquiry. Those who are the avowed + enemies of social order or who come to our shores to swell the injurious + influence and to extend the evil practices of any association that + defies our laws should not only be denied citizenship, but a domicile. +</p> +<p> + The enactment of a national bankrupt law of a character to be a + permanent part of our general legislation is desirable. It should be + simple in its methods and inexpensive in its administration. +</p> +<p> + The report of the Postmaster-General not only exhibits the operations + of the Department for the last fiscal year, but contains many valuable + suggestions for the improvement and extension of the service, which are + commended to your attention. No other branch of the Government has so + close a contact with the daily life of the people. Almost everyone uses + the service it offers, and every hour gained in the transmission of the + great commercial mails has an actual and possible value that only those + engaged in trade can understand. +</p> +<p> + The saving of one day in the transmission of the mails between New York + and San Francisco, which has recently been accomplished, is an incident + worthy of mention. +</p> +<p> + The plan suggested of a supervision of the post-offices in separate + districts that shall involve instruction and suggestion and a rating of + the efficiency of the postmasters would, I have no doubt, greatly + improve the service. +</p> +<p> + A pressing necessity exists for the erection of a building for the joint + use of the Department and of the city post-office. The Department was + partially relieved by renting outside quarters for a part of its force, + but it is again overcrowded. The building used by the city office never + was fit for the purpose, and is now inadequate and unwholesome. +</p> +<p> + The unsatisfactory condition of the law relating to the transmission + through the mails of lottery advertisements and remittances is clearly + stated by the Postmaster-General, and his suggestion as to amendments + should have your favorable consideration. +</p> +<p> + The report of the Secretary of the Navy shows a reorganization of the + bureaus of the Department that will, I do not doubt, promote the + efficiency of each. +</p> +<p> + In general, satisfactory progress has been made in the construction of + the new ships of war authorized by Congress. The first vessel of the new + Navy, the <i>Dolphin</i>, was subjected to very severe trial tests and to + very much adverse criticism; but it is gratifying to be able to state + that a cruise around the world, from which she has recently returned, + has demonstrated that she is a first-class vessel of her rate. +</p> +<p> + The report of the Secretary shows that while the effective force of the + Navy is rapidly increasing by reason of the improved build and armament + of the new ships, the number of our ships fit for sea duty grows very + slowly. We had on the 4th of March last 37 serviceable ships, and though + 4 have since been added to the list, the total has not been increased, + because in the meantime 4 have been lost or condemned. Twenty-six + additional vessels have been authorized and appropriated for; but it is + probable that when they are completed our list will only be increased to + 42—a gain of 5. The old wooden-ships are disappearing almost as fast as + the new vessels are added. These facts carry their own argument. One of + the new ships may in fighting strength be equal to two of the old, but + it can not do the cruising duty of two. It is important, therefore, that + we should have a more rapid increase in the number of serviceable ships. + I concur in the recommendation of the Secretary that the construction of + 8 armored ships, 3 gunboats, and 5 torpedo boats be authorized. +</p> +<p> + An appalling calamity befell three of our naval vessels on duty at the + Samoan Islands, in the harbor of Apia, in March last, involving the loss + of 4 officers and 47 seamen, of two vessels, the <i>Trenton</i> and the + <i>Vandalia</i>, and the disabling of a third, the <i>Nipsic</i>. Three vessels of + the German navy, also in the harbor, shared with our ships the force of + the hurricane and suffered even more heavily. While mourning the brave + officers and men who died facing with high resolve perils greater than + those of battle, it is most gratifying to state that the credit of the + American Navy for seamanship, courage, and generosity was magnificently + sustained in the storm-beaten harbor of Apia. +</p> +<p> + The report of the Secretary of the Interior exhibits the transactions + of the Government with the Indian tribes. Substantial progress has been + made in the education of the children of school age and in the allotment + of lands to adult Indians. It is to be regretted that the policy of + breaking up the tribal relation and of dealing with the Indian as an + individual did not appear earlier in our legislation. Large reservations + held in common and the maintenance of the authority of the chiefs and + headmen have deprived the individual of every incentive to the exercise + of thrift, and the annuity has contributed an affirmative impulse toward + a state of confirmed pauperism. +</p> +<p> + Our treaty stipulations should be observed with fidelity and our + legislation should be highly considerate of the best interests of + an ignorant and helpless people. The reservations are now generally + surrounded by white settlements. We can no longer push the Indian back + into the wilderness, and it remains only by every suitable agency to + push him upward into the estate of a self-supporting and responsible + citizen. For the adult the first step is to locate him upon a farm, + and for the child to place him in a school. +</p> +<p> + School attendance should be promoted by every moral agency, and those + failing should be compelled. The national schools for Indians have been + very successful and should be multiplied, and as far as possible should + be so organized and conducted as to facilitate the transfer of the + schools to the States or Territories in which they are located when the + Indians in a neighborhood have accepted citizenship and have become + otherwise fitted for such a transfer. This condition of things will be + attained slowly, but it will be hastened by keeping it in mind; and in + the meantime that cooperation between the Government and the mission + schools which has wrought much good should be cordially and impartially + maintained. +</p> +<p> + The last Congress enacted two distinct laws relating to negotiations + with the Sioux Indians of Dakota for a relinquishment of a portion of + their lands to the United States and for dividing the remainder into + separate reservations. Both were approved on the same day—March 2. + The one submitted to the Indians a specific proposition; the other + (section 3 of the Indian appropriation act) authorized the President + to appoint three commissioners to negotiate with these Indians for + the accomplishment of the same general purpose, and required that any + agreements made should be submitted to Congress for ratification. +</p> +<p> + On the 16th day of April last I appointed Hon. Charles Foster, of Ohio, + Hon. William Warner, of Missouri, and Major-General George Crook, of the + United States Army, commissioners under the last-named law. They were, + however, authorized and directed first to submit to the Indians the + definite proposition made to them by the act first mentioned, and only + in the event of a failure to secure the assent of the requisite number + to that proposition to open negotiations for modified terms under the + other act. The work of the commission was prolonged and arduous, but the + assent of the requisite number was, it is understood, finally obtained + to the proposition made by Congress, though the report of the commission + has not yet been submitted. In view of these facts, I shall not, as at + present advised, deem it necessary to submit the agreement to Congress + for ratification, but it will in due course be submitted for + information. This agreement releases to the United States about + 9,000,000 acres of land. +</p> +<p> + The commission provided for by section 14 of the Indian appropriation + bill to negotiate with the Cherokee Indians and all other Indians owning + or claiming lands lying west of the ninety-sixth degree of longitude for + the cession to the United States of all such lands was constituted by + the appointment of Hon. Lucius Fairchild, of Wisconsin, Hon. John F. + Hartranft, of Pennsylvania, and Hon. Alfred M. Wilson, of Arkansas, + and organized on June 29 last. Their first conference with the + representatives of the Cherokees was held at Tahlequah July 29, with + no definite results. General John F. Hartranft, of Pennsylvania, was + prevented by ill health from taking part in the conference. His death, + which occurred recently, is justly and generally lamented by a people he + had served with conspicuous gallantry in war and with great fidelity in + peace. The vacancy thus created was filled by the appointment of Hon. + Warren G. Sayre, of Indiana. +</p> +<p> + A second conference between the commission and the Cherokees was begun + November 6, but no results have yet been obtained, nor is it believed + that a conclusion can be immediately expected. The cattle syndicate now + occupying the lands for grazing purposes is clearly one of the agencies + responsible for the obstruction of our negotiations with the Cherokees. + The large body of agricultural lands constituting what is known as the + "Cherokee Outlet" ought not to be, and, indeed, can not long be, held + for grazing and for the advantage of a few against the public interests + and the best advantage of the Indians themselves. The United States + has now under the treaties certain rights in these lands. These will + not be used oppressively, but it can not be allowed that those who by + sufferance occupy these lands shall interpose to defeat the wise and + beneficent purposes of the Government. I can not but believe that the + advantageous character of the offer made by the United States to the + Cherokee Nation for a full release of these lands as compared with other + suggestions now made to them will yet obtain for it a favorable + consideration. +</p> +<p> + Under the agreement made between the United States and the Muscogee (or + Creek) Nation of Indians on the 19th day of January, 1889, an absolute + title was secured by the United States to about 3,500,000 acres of land. + Section 12 of the general Indian appropriation act approved March 2, + 1889, made provision for the purchase by the United States from the + Seminole tribe of a certain portion of their lands. The delegates of the + Seminole Nation, having first duly evidenced to me their power to act + in that behalf, delivered a proper release or conveyance to the United + States of all the lands mentioned in the act, which was accepted by + me and certified to be in compliance with the statute. +</p> +<p> + By the terms of both the acts referred to all the lands so purchased + were declared to be a part of the public domain and open to settlement + under the homestead law. But of the lands embraced in these purchases, + being in the aggregate about 5,500,000 acres, 3,500,000 acres had + already, under the terms of the treaty of 1866, been acquired by the + United States for the purpose of settling other Indian tribes thereon + and had been appropriated to that purpose. The land remaining and + available for settlement consisted of 1,887,796 acres, surrounded on all + sides by lands in the occupancy of Indian tribes. Congress had provided + no civil government for the people who were to be invited by my + proclamation to settle upon these lands, except as the new court which + had been established at Muscogee or the United States courts in some of + the adjoining States had power to enforce the general laws of the United + States. +</p> +<p> + In this condition of things I was quite reluctant to open the lands to + settlement; but in view of the fact that several thousand persons, many + of them with their families, had gathered upon the borders of the Indian + Territory with a view to securing homesteads on the ceded lands, and + that delay would involve them in much loss and suffering, I did on the + 23d day of March last issue a proclamation<a href="#note-3"><small>3</small></a> declaring that the lands + therein described would be open to settlement under the provisions of + the law on the 22d day of April following at 12 o'clock noon. Two land + districts had been established and the offices were opened for the + transaction of business when the appointed time arrived. +</p> +<p> + It is much to the credit of the settlers that they very generally + observed the limitation as to the time when they might enter the + Territory. Care will be taken that those who entered in violation of the + law do not secure the advantage they unfairly sought. There was a good + deal of apprehension that the strife for locations would result in much + violence and bloodshed, but happily these anticipations were not + realized. It is estimated that there are now in the Territory about + 60,000 people, and several considerable towns have sprung up, for which + temporary municipal governments have been organized. Guthrie is said to + have now a population of almost 8,000. Eleven schools and nine churches + have been established, and three daily and five weekly newspapers are + published in this city, whose charter and ordinances have only the + sanction of the voluntary acquiescence of the people from day to day. +</p> +<p> + Oklahoma City has a population of about 5,000, and is proportionately as + well provided as Guthrie with churches, schools, and newspapers. Other + towns and villages having populations of from 100 to 1,000 are scattered + over the Territory. +</p> +<p> + In order to secure the peace of this new community in the absence of + civil government, I directed General Merritt, commanding the Department + of the Missouri, to act in conjunction with the marshals of the United + States to preserve the peace, and upon their requisition to use the + troops to aid them in executing warrants and in quieting any riots or + breaches of the peace that might occur. He was further directed to use + his influence to promote good order and to avoid any conflicts between + or with the settlers. Believing that the introduction and sale of + liquors where no legal restraints or regulations existed would endanger + the public peace, and in view of the fact that such liquors must first + be introduced into the Indian reservations before reaching the white + settlements, I further directed the general commanding to enforce the + laws relating to the introduction of ardent spirits into the Indian + country. +</p> +<p> + The presence of the troops has given a sense of security to the + well-disposed citizens and has tended to restrain the lawless. In one + instance the officer in immediate command of the troops went further + than I deemed justifiable in supporting the <i>de facto</i> municipal + government of Guthrie, and he was so informed, and directed to limit the + interference of the military to the support of the marshals on the lines + indicated in the original order. I very urgently recommend that Congress + at once provide a Territorial government for these people. Serious + questions, which may at any time lead to violent outbreaks, are awaiting + the institution of courts for their peaceful adjustment. The American + genius for self-government has been well illustrated in Oklahoma; but it + is neither safe nor wise to leave these people longer to the expedients + which have temporarily served them. +</p> +<p> + Provision should be made for the acquisition of title to town lots in + the towns now established in Alaska, for locating town sites, and for + the establishment of municipal governments. Only the mining laws have + been extended to that Territory, and no other form of title to lands can + now be obtained. The general land laws were framed with reference to the + disposition of agricultural lands, and it is doubtful if their operation + in Alaska would be beneficial. +</p> +<p> + We have fortunately not extended to Alaska the mistaken policy of + establishing reservations for the Indian tribes, and can deal with them + from the beginning as individuals with, I am sure, better results; but + any disposition of the public lands and any regulations relating to + timber and to the fisheries should have a kindly regard to their + interests. Having no power to levy taxes, the people of Alaska are + wholly dependent upon the General Government, to whose revenues the + seal fisheries make a large annual contribution. An appropriation for + education should neither be overlooked nor stinted. +</p> +<p> + The smallness of the population and the great distances between the + settlements offer serious obstacles to the establishment of the usual + Territorial form of government. Perhaps the organization of several + sub-districts with a small municipal council of limited powers for each + would be safe and useful. +</p> +<p> + Attention is called in this connection to the suggestions of the + Secretary of the Treasury relating to the establishment of another port + of entry in Alaska and of other needed customs facilities and + regulations. +</p> +<p> + In the administration of the land laws the policy of facilitating in + every proper way the adjustment of the honest claims of individual + settlers upon the public lands has been pursued. The number of pending + cases had during the preceding Administration been greatly increased + under the operation of orders for a time suspending final action in a + large part of the cases originating in the West and Northwest, and by + the subsequent use of unusual methods of examination. Only those who are + familiar with the conditions under which our agricultural lands have + been settled can appreciate the serious and often fatal consequences to + the settler of a policy that puts his title under suspicion or delays + the issuance of his patent. While care is taken to prevent and to expose + fraud, it should not be imputed without reason. +</p> +<p> + The manifest purpose of the homestead and preemption laws was to promote + the settlement of the public domain by persons having a <i>bona fide</i> + intent to make a home upon the selected lands. Where this intent is well + established and the requirements of the law have been substantially + complied with, the claimant is entitled to a prompt and friendly + consideration of his case; but where there is reason to believe that + the claimant is the mere agent of another who is seeking to evade a law + intended to promote small holdings and to secure by fraudulent methods + large tracts of timber and other lands, both principal and agent should + not only be thwarted in their fraudulent purpose, but should be made to + feel the full penalties of our criminal statutes. The laws should be so + administered as not to confound these two classes and to visit penalties + only upon the latter. +</p> +<p> + The unsettled state of the titles to large bodies of lands in the + Territories of New Mexico and Arizona has greatly retarded the + development of those Territories. Provision should be made by law for + the prompt trial and final adjustment before a judicial tribunal or + commission of all claims based upon Mexican grants. It is not just to an + intelligent and enterprising people that their peace should be disturbed + and their prosperity retarded by these old contentions. I express the + hope that differences of opinion as to methods may yield to the urgency + of the case. +</p> +<p> + The law now provides a pension for every soldier and sailor who was + mustered into the service of the United States during the Civil War and + is now suffering from wounds or disease having an origin in the service + and in the line of duty. Two of the three necessary facts, viz, muster + and disability, are usually susceptible of easy proof; but the third, + origin in the service, is often difficult and in many deserving cases + impossible to establish. That very many of those who endured the + hardships of our most bloody and arduous campaigns are now disabled from + diseases that had a real but not traceable origin in the service I do + not doubt. Besides these there is another class composed of men many of + whom served an enlistment of three full years and of reenlisted veterans + who added a fourth year of service, who escaped the casualties of battle + and the assaults of disease, who were always ready for any detail, who + were in every battle line of their command, and were mustered out in + sound health, and have since the close of the war, while fighting with + the same indomitable and independent spirit the contests of civil life, + been overcome by disease or casualty. +</p> +<p> + I am not unaware that the pension roll already involves a very large + annual expenditure; neither am I deterred by that fact from recommending + that Congress grant a pension to such honorably discharged soldiers and + sailors of the Civil War as, having rendered substantial service during + the war, are now dependent upon their own labor for a maintenance and by + disease or casualty are incapacitated from earning it. Many of the men + who would be included in this form of relief are now dependent upon + public aid, and it does not, in my judgment, consist with the national + honor that they shall continue to subsist upon the local relief given + indiscriminately to paupers instead of upon the special and generous + provision of the nation they served so gallantly and unselfishly. Our + people will, I am sure, very generally approve such legislation. And I + am equally sure that the survivors of the Union Army and Navy will feel + a grateful sense of relief when this worthy and suffering class of their + comrades is fairly cared for. +</p> +<p> + There are some manifest inequalities in the existing law that should be + remedied. To some of these the Secretary of the Interior has called + attention. +</p> +<p> + It is gratifying to be able to state that by the adoption of new and + better methods in the War Department the calls of the Pension Office for + information as to the military and hospital records of pension claimants + are now promptly answered and the injurious and vexatious delays that + have heretofore occurred are entirely avoided. This will greatly + facilitate the adjustment of all pending claims. +</p> +<p> + The advent of four new States—South Dakota, North Dakota, Montana, and + Washington—into the Union under the Constitution in the same month, + and the admission of their duly chosen representatives to our National + Congress at the same session, is an event as unexampled as it is + interesting. +</p> +<p> + The certification of the votes cast and of the constitutions adopted in + each of the States was filed with me, as required by the eighth section + of the act of February 22, 1889, by the governors of said Territories, + respectively. Having after a careful examination found that the several + constitutions and governments were republican in form and not repugnant + to the Constitution of the United States, that all the provisions of the + act of Congress had been complied with, and that a majority of the votes + cast in each of said proposed States was in favor of the adoption of + the constitution submitted therein, I did so declare by a separate + proclamation as to each—as to North Dakota and South Dakota on + Saturday, November 2;<a href="#note-4"><small>4</small></a> as to Montana on Friday, November 8,<a href="#note-5"><small>5</small></a> and as + to Washington on Monday, November 11.<a href="#note-6"><small>6</small></a> +</p> +<p> + Each of these States has within it resources the development of which + will employ the energies of and yield a comfortable subsistence to a + great population. The smallest of these new States, Washington, stands + twelfth, and the largest, Montana, third, among the forty-two in area. + The people of these States are already well-trained, intelligent, and + patriotic American citizens, having common interests and sympathies with + those of the older States and a common purpose to defend the integrity + and uphold the honor of the nation. +</p> +<p> + The attention of the Interstate Commerce Commission has been called to + the urgent need of Congressional legislation for the better protection + of the lives and limbs of those engaged in operating the great + interstate freight lines of the country, and especially of the yardmen + and brakemen. A petition signed by nearly 10,000 railway brakemen was + presented to the Commission asking that steps might be taken to bring + about the use of automatic brakes and couplers on freight cars. +</p> +<p> + At a meeting of State railroad commissioners and their accredited + representatives held at Washington in March last upon the invitation of + the Interstate Commerce Commission a resolution was unanimously adopted + urging the Commission "to consider what can be done to prevent the loss + of life and limb in coupling and uncoupling freight cars and in handling + the brakes of such cars." During the year ending June 30, 1888, over + 2,000 railroad employees were killed in service and more than 20,000 + injured. It is competent, I think, for Congress to require uniformity + in the construction of cars used in interstate commerce and the use of + improved safety appliances upon such trains. Time will be necessary to + make the needed changes, but an earnest and intelligent beginning should + be made at once. It is a reproach to our civilization that any class + of American workmen should in the pursuit of a necessary and useful + vocation be subjected to a peril of life and limb as great as that of + a soldier in time of war. +</p> +<p> + The creation of an Executive Department to be known as the Department of + Agriculture by the act of February 9 last was a wise and timely response + to a request which had long been respectfully urged by the farmers of + the country; but much remains to be done to perfect the organization of + the Department so that it may fairly realize the expectations which + its creation excited. In this connection attention is called to the + suggestions contained in the report of the Secretary, which is herewith + submitted. The need of a law officer for the Department such as is + provided for the other Executive Departments is manifest. The failure of + the last Congress to make the usual provision for the publication of the + annual report should be promptly remedied. The public interest in the + report and its value to the farming community, I am sure, will not be + diminished under the new organization of the Department. +</p> +<p> + I recommend that the weather service be separated from the War + Department and established as a bureau in the Department of Agriculture. + This will involve an entire reorganization both of the Weather Bureau + and of the Signal Corps, making of the first a purely civil organization + and of the other a purely military staff corps. The report of the Chief + Signal Officer shows that the work of the corps on its military side has + been deteriorating. +</p> +<p> + The interests of the people of the District of Columbia should not be + lost sight of in the pressure for consideration of measures affecting + the whole country. Having no legislature of its own, either municipal + or general, its people must look to Congress for the regulation of all + those concerns that in the States are the subject of local control. Our + whole people have an interest that the national capital should be made + attractive and beautiful, and, above all, that its repute for social + order should be well maintained. The laws regulating the sale of + intoxicating drinks in the District should be revised with a view to + bringing the traffic under stringent limitations and control. +</p> +<p> + In execution of the power conferred upon me by the act making + appropriations for the expenses of the District of Columbia for the + year ending June 30, 1890, I did on the 17th day of August last appoint + Rudolph Hering, of New York, Samuel M. Gray, of Rhode Island, and + Frederick P. Stearns, of Massachusetts, three eminent sanitary + engineers, to examine and report upon the system of sewerage existing in + the District of Columbia. Their report, which is not yet completed, will + be in due course submitted to Congress. +</p> +<p> + The report of the Commissioners of the District is herewith transmitted, + and the attention of Congress is called to the suggestions contained + therein. +</p> +<p> + The proposition to observe the four hundredth anniversary of the + discovery of America by the opening of a world's fair or exposition in + some one of our great cities will be presented for the consideration of + Congress. The value and interest of such an exposition may well claim + the promotion of the General Government. +</p> +<p> + On the 4th of March last the Civil Service Commission had but a single + member. The vacancies were filled on the 9th day of May, and since then + the Commissioners have been industriously, though with an inadequate + force, engaged in executing the law. They were assured by me that a + cordial support would be given them in the faithful and impartial + enforcement of the statute and of the rules and regulations adopted + in aid of it. +</p> +<p> + Heretofore the book of eligibles has been closed to everyone, except + as certifications were made upon the requisition of the appointing + officers. This secrecy was the source of much suspicion and of many + charges of favoritism in the administration of the law. What is secret + is always suspected; what is open can be judged. The Commission, with + the full approval of all its members, has now opened the list of + eligibles to the public. The eligible lists for the classified + post-offices and custom-houses are now publicly posted in the respective + offices, as are also the certifications for appointments. The purpose of + the civil-service law was absolutely to exclude any other consideration + in connection with appointments under it than that of merit as tested by + the examinations. The business proceeds upon the theory that both the + examining boards and the appointing officers are absolutely ignorant + as to the political views and associations of all persons on the + civil-service lists. It is not too much to say, however, that some + recent Congressional investigations have somewhat shaken public + confidence in the impartiality of the selections for appointment. +</p> +<p> + The reform of the civil service will make no safe or satisfactory + advance until the present law and its equal administration are well + established in the confidence of the people. It will be my pleasure, + as it is my duty, to see that the law is executed with firmness and + impartiality. If some of its provisions have been fraudulently evaded + by appointing officers, our resentment should not suggest the repeal of + the law, but reform in its administration. We should have one view of + the matter, and hold it with a sincerity that is not affected by the + consideration that the party to which we belong is for the time in + power. +</p> +<p> + My predecessor, on the 4th day of January, 1889, by an Executive order + to take effect March 15, brought the Railway Mail Service under the + operation of the civil-service law.<a href="#note-7"><small>7</small></a> Provision was made that the order + should take effect sooner in any State where an eligible list was sooner + obtained. On the 11th day of March Mr. Lyman, then the only member of + the Commission, reported to me in writing that it would not be possible + to have the list of eligibles ready before May 1, and requested that the + taking effect of the order be postponed until that time, which was + done,<a href="#note-8"><small>8</small></a> subject to the same provision contained in the original order + as to States in which an eligible list was sooner obtained. +</p> +<p> + As a result of the revision of the rules, of the new classification, and + of the inclusion of the Railway Mail Service, the work of the Commission + has been greatly increased, and the present clerical force is found to + be inadequate. I recommend that the additional clerks asked by the + Commission be appropriated for. +</p> +<p> + The duty of appointment is devolved by the Constitution or by the law, + and the appointing officers are properly held to a high responsibility + in its exercise. The growth of the country and the consequent increase + of the civil list have magnified this function of the Executive + disproportionally. It can not be denied, however, that the labor + connected with this necessary work is increased, often to the point of + actual distress, by the sudden and excessive demands that are made upon + an incoming Administration for removals and appointments. But, on the + other hand, it is not true that incumbency is a conclusive argument for + continuance in office. Impartiality, moderation, fidelity to public + duty, and a good attainment in the discharge of it must be added before + the argument is complete. When those holding administrative offices so + conduct themselves as to convince just political opponents that no party + consideration or bias affects in any way the discharge of their public + duties, we can more easily stay the demand for removals. +</p> +<p> + I am satisfied that both in and out of the classified service great + benefit would accrue from the adoption of some system by which the + officer would receive the distinction and benefit that in all private + employments comes from exceptional faithfulness and efficiency in the + performance of duty. +</p> +<p> + I have suggested to the heads of the Executive Departments that they + consider whether a record might not be kept in each bureau of all those + elements that are covered by the terms "faithfulness" and "efficiency," + and a rating made showing the relative merits of the clerks of each + class, this rating to be regarded as a test of merit in making + promotions. +</p> +<p> + I have also suggested to the Postmaster-General that he adopt some plan + by which he can, upon the basis of the reports to the Department and of + frequent inspections, indicate the relative merit of postmasters of each + class. They will be appropriately indicated in the Official Register and + in the report of the Department. That a great stimulus would thus be + given to the whole service I do not doubt, and such a record would be + the best defense against inconsiderate removals from office. +</p> +<p> + The interest of the General Government in the education of the + people found an early expression, not only in the thoughtful and + sometimes warning utterances of our ablest statesmen, but in liberal + appropriations from the common resources for the support of education + in the new States. No one will deny that it is of the gravest national + concern that those who hold the ultimate control of all public affairs + should have the necessary intelligence wisely to direct and determine + them. National aid to education has heretofore taken the form of land + grants, and in that form the constitutional power of Congress to promote + the education of the people is not seriously questioned. I do not think + it can be successfully questioned when the form is changed to that of a + direct grant of money from the public Treasury. +</p> +<p> + Such aid should be, as it always has been, suggested by some exceptional + conditions. The sudden emancipation of the slaves of the South, the + bestowal of the suffrage which soon followed, and the impairment of the + ability of the States where these new citizens were chiefly found to + adequately provide educational facilities presented not only exceptional + but unexampled conditions. That the situation has been much ameliorated + there is no doubt. The ability and interest of the States have happily + increased. +</p> +<p> + But a great work remains to be done, and I think the General + Government should lend its aid. As the suggestion of a national grant + in aid of education grows chiefly out of the condition and needs of + the emancipated slave and his descendants, the relief should as far + as possible, while necessarily proceeding upon some general lines, be + applied to the need that suggested it. It is essential, if much good is + to be accomplished, that the sympathy and active interest of the people + of the States should be enlisted, and that the methods adopted should + be such as to stimulate and not to supplant local taxation for school + purposes. +</p> +<p> + As one Congress can not bind a succeeding one in such a case and as + the effort must in some degree be experimental, I recommend that any + appropriation made for this purpose be so limited in annual amount and + as to the time over which it is to extend as will on the one hand give + the local school authorities opportunity to make the best use of the + first year's allowance, and on the other deliver them from the + temptation to unduly postpone the assumption of the whole burden + themselves. +</p> +<p> + The colored people did not intrude themselves upon us. They were brought + here in chains and held in the communities where they are now chiefly + found by a cruel slave code. Happily for both races, they are now free. + They have from a standpoint of ignorance and poverty—which was our + shame, not theirs—made remarkable advances in education and in the + acquisition of property. They have as a people shown themselves to + be friendly and faithful toward the white race under temptations of + tremendous strength. They have their representatives in the national + cemeteries, where a grateful Government has gathered the ashes of + those who died in its defense. They have furnished to our Regular Army + regiments that have won high praise from their commanding officers for + courage and soldierly qualities and for fidelity to the enlistment oath. + In civil life they are now the toilers of their communities, making + their full contribution to the widening streams of prosperity which + these communities are receiving. Their sudden withdrawal would stop + production and bring disorder into the household as well as the shop. + Generally they do not desire to quit their homes, and their employers + resent the interference of the emigration agents who seek to stimulate + such a desire. +</p> +<p> + But notwithstanding all this, in many parts of our country where the + colored population is large the people of that race are by various + devices deprived of any effective exercise of their political rights and + of many of their civil rights. The wrong does not expend itself upon + those whose votes are suppressed. Every constituency in the Union is + wronged. +</p> +<p> + It has been the hope of every patriot that a sense of justice and of + respect for the law would work a gradual cure of these flagrant evils. + Surely no one supposes that the present can be accepted as a permanent + condition. If it is said that these communities must work out this + problem for themselves, we have a right to ask whether they are at work + upon it. Do they suggest any solution? When and under what conditions is + the black man to have a free ballot? When is he in fact to have those + full civil rights which have so long been his in law? When is that + equality of influence which our form of government was intended to + secure to the electors to be restored? This generation should + courageously face these grave questions, and not leave them as a + heritage of woe to the next. The consultation should proceed with + candor, calmness, and great patience, upon the lines of justice and + humanity, not of prejudice and cruelty. No question in our country can + be at rest except upon the firm base of justice and of the law. +</p> +<p> + I earnestly invoke the attention of Congress to the consideration of + such measures within its well-defined constitutional powers as will + secure to all our people a free exercise of the right of suffrage and + every other civil right under the Constitution and laws of the United + States. No evil, however deplorable, can justify the assumption either + on the part of the Executive or of Congress of powers not granted, but + both will be highly blamable if all the powers granted are not wisely + but firmly used to correct these evils. The power to take the whole + direction and control of the election of members of the House of + Representatives is clearly given to the General Government. A partial + and qualified supervision of these elections is now provided for by law, + and in my opinion this law may be so strengthened and extended as to + secure on the whole better results than can be attained by a law taking + all the processes of such election into Federal control. The colored man + should be protected in all of his relations to the Federal Government, + whether as litigant, juror, or witness in our courts, as an elector for + members of Congress, or as a peaceful traveler upon our interstate + railways. +</p> +<p> + There is nothing more justly humiliating to the national pride and + nothing more hurtful to the national prosperity than the inferiority of + our merchant marine compared with that of other nations whose general + resources, wealth, and seacoast lines do not suggest any reason for + their supremacy on the sea. It was not always so, and our people are + agreed, I think, that it shall not continue to be so. It is not possible + in this communication to discuss the causes of the decay of our shipping + interests or the differing methods by which it is proposed to restore + them. The statement of a few well-authenticated facts and some general + suggestions as to legislation is all that is practicable. That the great + steamship lines sailing under the flags of England, France, Germany, + Spain, and Italy, and engaged in foreign commerce, were promoted and + have since been and now are liberally aided by grants of public money + in one form or another is generally known. That the American lines of + steamships have been abandoned by us to an unequal contest with the + aided lines of other nations until they have been withdrawn, or in + the few cases where they are still maintained are subject to serious + disadvantages, is matter of common knowledge. +</p> +<p> + The present situation is such that travelers and merchandise find + Liverpool often a necessary intermediate port between New York and some + of the South American capitals. The fact that some of the delegates from + South American States to the conference of American nations now in + session at Washington reached our shores by reversing that line of + travel is very conclusive of the need of such a conference and very + suggestive as to the first and most necessary step in the direction of + fuller and more beneficial intercourse with nations that are now our + neighbors upon the lines of latitude, but not upon the lines of + established commercial intercourse. +</p> +<p> + I recommend that such appropriations be made for ocean mail service in + American steamships between our ports and those of Central and South + America, China, Japan, and the important islands in both of the great + oceans as will be liberally remunerative for the service rendered and + as will encourage the establishment and in some fair degree equalize + the chances of American steamship lines in the competitions which they + must meet. That the American States lying south of us will cordially + cooperate in establishing and maintaining such lines of steamships to + their principal ports I do not doubt. +</p> +<p> + We should also make provision for a naval reserve to consist of such + merchant ships of American construction and of a specified tonnage and + speed as the owners will consent to place at the use of the Government + in case of need as armed cruisers. England has adopted this policy, and + as a result can now upon necessity at once place upon her naval list + some of the fastest steamships in the world. A proper supervision of the + construction of such vessels would make their conversion into effective + ships of war very easy. +</p> +<p> + I am an advocate of economy in our national expenditures, but it is + a misuse of terms to make this word describe a policy that withholds + an expenditure for the purpose of extending our foreign commerce. The + enlargement and improvement of our merchant marine, the development of + a sufficient body of trained American seamen, the promotion of rapid and + regular mail communication between the ports of other countries and our + own, and the adaptation of large and swift American merchant steamships + to naval uses in time of war are public purposes of the highest concern. + The enlarged participation of our people in the carrying trade, the new + and increased markets that will be opened for the products of our farms + and factories, and the fuller and better employment of our mechanics + which will result from a liberal promotion of our foreign commerce + insure the widest possible diffusion of benefit to all the States + and to all our people. Everything is most propitious for the present + inauguration of a liberal and progressive policy upon this subject, + and we should enter upon it with promptness and decision. +</p> +<p> + The legislation which I have suggested, it is sincerely believed, + will promote the peace and honor of our country and the prosperity and + security of the people. I invoke the diligent and serious attention of + Congress to the consideration of these and such other measures as may + be presented having the same great end in view. +</p> +<p class="r"> + BENJ. HARRISON. +</p> +<p> </p><p> </p> + + +<div style="height: 4em;"><br><br><br><br></div> + +<h2> + SPECIAL MESSAGES. +</h2> +<p class="r"> + EXECUTIVE MANSION, <i>December 17, 1889</i>. +</p> +<p> + <i>To the Senate and House of Representatives</i>: +</p> +<p> + The act of Congress approved July 9, 1888, "for an international marine + conference to secure greater safety for life and property at sea," and + in virtue of which the present conference is now holding its sessions + at Washington, provides by the third section that the labors of the + conference shall terminate on the 1st day of January, 1890, or sooner, + by direction of the President. +</p> +<p> + I transmit herewith a report from the Acting Secretary of State, + accompanied with a letter from Rear-Admiral S.R. Franklin, United States + Navy, president of the conference, stating that in all probability the + labors of the conference can not be brought to a close by the time fixed + by the present law. +</p> +<p> + In consideration of the many important questions now under discussion by + the conference, which should if possible be satisfactorily determined + before the final adjournment, I earnestly recommend that a further act + be passed to enable the conference to continue its sessions for a period + of two months from January 1, 1890. +</p> +<p class="r"> + BENJ. HARRISON. +</p> +<p> </p><p> </p> + + +<p class="r"> + EXECUTIVE MANSION, <i>December 18, 1889</i>. +</p> +<p> + <i>To the Senate and House of Representatives</i>: +</p> +<p> + I transmit herewith a communication of 16th instant from the Secretary + of the Interior, submitting the report, with accompanying papers, of the + commission appointed under the provisions of the act of March 2, 1889 + (25 U.S. Statutes at Large, p. 1002), to conduct negotiations with the + Coeur d'Alene tribe of Indians for the purchase and release by said + tribe of such portions of its reservation not agricultural and valuable + chiefly for minerals and timber as such tribe shall consent to sell, + etc., together with the agreement entered into by said commission + September 9, 1889, with said Indians. +</p> +<p class="r"> + BENJ. HARRISON. +</p> +<p> </p><p> </p> + + +<p class="r"> + EXECUTIVE MANSION, <i>December 20, 1889</i>. +</p> +<p> + <i>To the Senate and House of Representatives</i>: +</p> +<p> + I transmit herewith a communication of the 16th instant from the + Secretary of the Interior, submitting a draft of a bill "to provide for + the reduction of the Round Valley Indian Reservation, in the State of + California, and for other purposes." I invite your attention to the + papers herein referred to, showing the necessity for the proposed + legislation, and ask that the bill herewith receive careful and early + consideration. +</p> +<p class="r"> + BENJ. HARRISON. +</p> +<p> </p><p> </p> + + +<p class="r"> + EXECUTIVE MANSION, <i>Washington, January 7, 1890</i>. +</p> +<p> + <i>To the Senate and House of Representatives</i>: +</p> +<p> + I herewith inclose a report from the Secretary of State, with + accompanying papers, in relation to the death of George Pauls, a German + subject, at Wilmington, N.C., May 8, 1886, and the claim of his widow + for compensation on that account. In view of the statements made by the + Secretary of State, I earnestly recommend that an appropriation of + $5,000 be made in behalf of Mrs. Pauls. +</p> +<p class="r"> + BENJ. HARRISON. +</p> +<p> </p><p> </p> + + +<p class="r"> + EXECUTIVE MANSION, <i>Washington, January 13, 1890</i>. +</p> +<p> + <i>To the Senate and House of Representatives</i>: +</p> +<p> + I transmit herewith a report of the Secretary of State of the 13th + instant, recommending that the necessary means be provided to erect + suitable buildings on the grounds so generously presented in the year + 1884 to this Government for the use of its legation at Bangkok by His + Majesty the King of Siam. +</p> +<p> + I commend the matter to the favorable consideration of Congress. +</p> +<p class="r"> + BENJ. HARRISON. +</p> +<p> </p><p> </p> + + +<p class="r"> + EXECUTIVE MANSION, <i>Washington, January 16, 1890</i>. +</p> +<p> + <i>To the Senate and House of Representatives</i>: +</p> +<p> + I transmit herewith a report from the Secretary of State, in relation + to the claim of the Government of Sweden and Norway, under the treaty + between the United States and that Government of July 4, 1827, for the + benefit of the lower rate of tonnage dues under the shipping acts of + 1884 and 1886. +</p> +<p> + I recommend the immediate adoption by Congress of the necessary + legislation to enable this Government to apply in the case of Sweden and + Norway the same rule in respect to the levying of tonnage dues under the + treaty of 1827 as was claimed and secured by this Government under the + same instrument in 1828. +</p> +<p class="r"> + BENJ. HARRISON. +</p> +<p> </p><p> </p> + + +<p class="r"> + EXECUTIVE MANSION, <i>January 20, 1890</i>. +</p> +<p> + <i>To the Senate and House of Representatives</i>: +</p> +<p> + I transmit herewith a letter of Professor T.C. Mendenhall, chairman of + a committee of the American Association for the Advancement of Science, + and president of that association, and also the memorial prepared by + said committee, relating to the preservation of the forests upon the + public domain. +</p> +<p> + I very earnestly recommend that adequate legislation may be provided + to the end that the rapid and needless destruction of our great forest + areas may be prevented. +</p> +<p class="r"> + BENJ. HARRISON. +</p> +<p> </p><p> </p> + + +<p class="r"> + EXECUTIVE MANSION, <i>Washington, January 20, 1890</i>. +</p> +<p> + <i>To the Senate and House of Representatives</i>: +</p> +<p> + I transmit herewith a letter from the Secretary of War, relating to the + condition and needs of the band of Apache Indians now held at Mount + Vernon Barracks and at Governors Island. The reports of General Crook + and Lieutenant Howard, which accompany the letter of the Secretary, show + that some of these Indians have rendered good service to the Government + in the pursuit and capture of the murderous band that followed Natchez + and Geronimo. It is a reproach that they should not in our treatment of + them be distinguished from the cruel and bloody members of the tribe now + confined with them. +</p> +<p> + I earnestly recommend that provision be made by law for locating these + Indians upon lands in the Indian Territory. +</p> +<p class="r"> + BENJ. HARRISON. +</p> +<p> </p><p> </p> + + +<p class="r"> + EXECUTIVE MANSION, <i>Washington, January 27, 1890</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I transmit, in reply to the resolution of the Senate of the 8th instant, + a report from the Secretary of State, with accompanying documents, in + relation to the execution of the acts of Congress approved May 6, 1882, + and October 1, 1888, concerning Chinese. +</p> +<p class="r"> + BENJ. HARRISON. +</p> +<p> </p><p> </p> + + +<p class="r"> + EXECUTIVE MANSION, <i>February 10, 1890</i>. +</p> +<p> + <i>To the Senate and House of Representatives</i>: +</p> +<p> + In pursuance of the power vested in me by the terms of the last clause + of section 3 of the act of Congress approved March 2, 1889, entitled + "An act making appropriations for the current and contingent expenses + of the Indian Department and for fulfilling treaty stipulations with + various Indian tribes for the year ending June 30, 1890, and for other + purposes," a commission, as therein authorized, was appointed, + consisting of Charles Foster, of Ohio, William Warner, of Missouri, and + General George Crook, of the United States Army. This commission was + specially instructed to present to the Sioux Indians occupying the Great + Sioux Reservation, for their acceptance thereof and consent thereto in + manner and form as therein provided, the act of Congress approved March + 2, 1889, entitled "An act to divide a portion of the reservation of the + Sioux Nation of Indians in Dakota into separate reservations and to + secure the relinquishment of the Indian title to the remainder, and for + other purposes." +</p> +<p> + The report of the commission was submitted to me on the 24th day of + December, 1889, and is, with the accompanying documents and a letter of + the Secretary of the Interior, herewith transmitted for the information + of Congress. It appears from the report of the commission that the + consent of more than three-fourths of the adult Indians to the terms of + the act last named was secured, as required by section 12 of the treaty + of 1868, and upon a careful examination of the papers submitted I find + such to be the fact, and that such consent is properly evidenced by the + signatures of more than three-fourths of such Indians. +</p> +<p> + At the outset of the negotiations the commission was confronted by + certain questions as to the interpretation and effect of the act of + Congress which they were presenting for the acceptance of the Indians. + Upon two or three points of some importance the commission gave in + response to these inquiries an interpretation to the law, and it was + the law thus explained to them that was accepted by the Indians. The + commissioners had no power to bind Congress or the Executive by their + construction of a statute, but they were the agents of the United + States, first, to submit a definite proposition for the acceptance + of the Indians, and, that failing, to agree upon modified terms to + be submitted to Congress for ratification. They were dealing with an + ignorant and suspicious people, and an explanation of the terms and + effect of the offer submitted could not be avoided. Good faith demands + that if the United States accepts the lands ceded the beneficial + construction of the act given by our agents should be also admitted + and observed. +</p> +<p> + The chief difficulty in the construction of the act grows out of its + relation to prior treaties, which were by section 19 continued in + force so far as they are not in conflict with the terms of the act. + The seventh article of the treaty of 1868, relating to schools and + schoolhouses, is by section 17 of the act continued in force for twenty + years, "subject to such modifications as Congress shall deem most + effective to secure to said Indians equivalent benefits of such + education." +</p> +<p> + Section 7 of the treaty of 1868 provides only for instruction in the + "elementary branches of an English education," while section 17 of the + act, after continuing this section of the treaty in force, provides a + fund which is to be applied "for the promotion of industrial and other + suitable education among said Indians." Again, section 7 of the treaty + provides for the erection of a schoolhouse for every thirty children who + can be induced to attend, while section 20 of the act requires the + erection of not less than thirty schoolhouses, and more if found + necessary. +</p> +<p> + The commissioners were asked by the Indians whether the cost of the + English schools provided for in section 7 of the treaty and of the + schoolhouses provided for in the same section and in section 20 of the + act would be a charge against the proceeds of the lands they were now + asked to cede to the United States. This question was answered in the + negative, and I think the answer was correct. If the act, without + reference to section 7 of the treaty, is to be construed to express + the whole duty of the Government toward the Indians in the matter of + schools, the extension for twenty years of the provisions of that + section is without meaning. +</p> +<p> + The assurance given by the commissioners that the money appropriated by + section 27 of the act to pay certain bands for the ponies taken by the + military authorities in 1876 would not be a charge against the proceeds + of the ceded lands was obviously a correct interpretation of the law. +</p> +<p> + The Indians were further assured by the commissioners that the amount + appropriated for the expenses of the commission could not under the law + be made a charge upon the proceeds of their lands. This, I think, is a + correct exposition of the act. +</p> +<p> + It seems from the report of the commission that some of the Indians at + the Standing Rock Agency asked whether if they accepted the act they + could have the election to take their allotments under section 6 of the + treaty of 1868 and have the benefits of sections 8 and 10 of that + treaty, and were told that they could. +</p> +<p> + As the treaty is continued in force except where it contravenes the + provisions of the act, I do not see any difficulty in admitting this + interpretation. +</p> +<p> + It will be found that the commission has submitted many recommendations, + some of them involving legislation and others appealing to powers + already possessed by the executive department. The consent of the + Indians to the act was not made dependent upon the adoption of any of + these recommendations, but many of them are obviously just and promotive + of the true interests of the Indians. So far as these require + legislation they are earnestly commended to the attention of Congress. +</p> +<p> + The Secretary of the Interior has prepared and submits with his letter + transmitting the report of the commission the draft of a bill embodying + those recommendations of the commission requiring legislation. +</p> +<p> + The appropriations necessary to carry into effect the provisions of the + act should be promptly made and be immediately available. +</p> +<p class="r"> + BENJ. HARRISON. +</p> +<p> </p><p> </p> + + +<p class="r"> + EXECUTIVE MANSION, <i>Washington, February 12, 1890</i>. +</p> +<p> + <i>To the Senate and House of Representatives</i>: +</p> +<p> + I transmit herewith a report from the Secretary of State, respecting the + International Marine Conference which was held in the city of Washington + in the year 1889, together with a copy of the proceedings of the + conference, including the final act. +</p> +<p class="r"> + BENJ. HARRISON. +</p> +<p> </p><p> </p> + + +<p class="r"> + EXECUTIVE MANSION, <i>February 17, 1890</i>. +</p> +<p> + <i>To the Senate and House of Representatives</i>: +</p> +<p> + I transmit herewith a communication of the 11th instant from the + Secretary of the Interior, submitting a copy of a report from the + Commissioner of Indian Affairs and accompanying draft of a bill to amend + the first section of an act entitled "An act to provide for the + allotment of lands in severalty to Indians on the various reservations, + and to extend the protection of the laws of the United States and the + Territories over the Indians, and for other purposes," approved February + 8, 1887. +</p> +<p> + The matter is presented for the consideration and action of Congress. +</p> +<p class="r"> + BENJ. HARRISON. +</p> +<p> </p><p> </p> + + +<p class="r"> + EXECUTIVE MANSION, <i>February 18, 1890</i>. +</p> +<p> + <i>To the Senate and House of Representatives</i>: +</p> +<p> + I transmit herewith a communication of the 8th instant from the + Secretary of the Interior, submitting a report of the Commissioner of + Indian Affairs and accompanying agreement, made with the Sisseton and + Wahpeton bands of Dakota or Sioux Indians, for the purchase and release + of the surplus lands in the Lake Traverse Indian Reservation, in the + States of North and South Dakota, the negotiations for said purchase and + release having been conducted under the authority contained in the fifth + section of the general allotment act of February 8, 1887 (24 U.S. + Statutes at Large, p. 388), which provides, among other things, that the + "purchase shall not be complete until ratified by Congress, and the form + and manner of executing such release shall also be prescribed by + Congress." +</p> +<p> + This agreement involves a departure from the terms of the general + allotment act in at least one important particular. It gives to each + member of the tribe 160 acres of land without regard to age or sex, + while the general law gives this allotment only to heads of families. + There are, I think, serious objections to the basis adopted in the + general law, especially in its application to married women; but if the + basis of the agreement herewith submitted is accepted, it would, I + think, result in some cases, where there are large families of minor + children, in excessive allotments to a single family. Whatever is done + in this case will of course become in some sense a precedent in the + cases yet to be dealt with. +</p> +<p> + Perhaps the question of the payment by the United States of the + annuities which were forfeited by the act of February 16, 1863 + (12 U.S. Statutes at Large, p. 652), should not have been considered in + connection with this negotiation for the cession of these lands. But it + appears that a refusal to consider this claim would have terminated the + negotiation, and if the claim is just its allowance has already been + too long delayed. The forfeiture declared by the act of 1863 unjustly + included the annuities of certain Indians of these bands who were not + only guilty of no fault, but who rendered meritorious services in the + armies of the United States in the suppression of the Sioux outbreak + and in the War of the Rebellion. +</p> +<p> + The agreement submitted, as I understand, provides for the payment of + the annuities justly due to these friendly Indians to all the members + of the two bands per capita. This is said to be the unanimous wish of + the Indians, and a distribution to the friendly Indians and their + descendants only would now be very difficult, if not impossible. +</p> +<p> + The agreement is respectfully submitted for the consideration of + Congress. +</p> +<p class="r"> + BENJ. HARRISON. +</p> +<p> </p><p> </p> + + +<p class="r"> + EXECUTIVE MANSION, <i>February 24, 1890</i>. +</p> +<p> + <i>To the Senate and House of Representatives</i>: +</p> +<p> + I transmit herewith a communication of 18th instant from the Secretary + of the Interior, submitting copy of a report from the Commissioner of + Indian Affairs, inclosing, with accompanying papers, a draft of a bill + authorizing the removal of the Indians of the Papago or Gila Bend + Reservation, in Maricopa County, Arizona Territory, to the Papago Indian + Reservation, in Pima County, in said Territory, or to the Pima and + Maricopa Indian reservations, commonly known as the Gila River and Salt + River Indian reservations, respectively, in said Territory, and for + other purposes. +</p> +<p> + The matter is presented for the early consideration and action of + Congress. +</p> +<p class="r"> + BENJ. HARRISON. +</p> +<p> </p><p> </p> + + +<p class="r"> + EXECUTIVE MANSION, <i>February 24, 1890</i>. +</p> +<p> + <i>To the Senate and House of Representatives</i>: +</p> +<p> + I transmit herewith a communication of the 18th instant from the + Secretary of the Interior, submitting a copy of a report of the + Commissioner of Indian Affairs and accompanying item for insertion in + the bill making appropriations for the current and contingent expenses + of the Indian Department, which makes provision for further compensation + of Henry B. Carrington, special agent appointed under the act of March + 2, 1889, "to provide for the sale of lands patented to certain members + of the Flathead band of Indians in Montana Territory, and for other + purposes," to secure the consent of the Indians thereto and appraise + the lands and improvements thereof; for an appropriation to remove the + Indians whose lands have been sold to the Jocko Reservation, and for + additional legislation considered necessary to complete this matter, + as suggested by the Commissioner of Indian Affairs. +</p> +<p> + I also transmit a copy of the report of Special Agent Carrington and its + inclosures. +</p> +<p> + The matter is presented for the early consideration of Congress. +</p> +<p class="r"> + BENJ. HARRISON. +</p> +<p> </p><p> </p> + + +<p class="r"> + EXECUTIVE MANSION, <i>March 4, 1890</i>. +</p> +<p> + <i>To the Senate and House of Representatives</i>: +</p> +<p> + In pursuance of the authority and direction contained in the act of + Congress approved January 14, 1889, entitled "An act for the relief and + civilization of the Chippewa Indians in the State of Minnesota," three + commissioners were appointed by the President on February 26, 1889, as + therein authorized and directed, namely, Henry M. Rice, of Minnesota, + Martin Marty, of Dakota, and Joseph B. Whiting, of Wisconsin, to + negotiate with said Indians. +</p> +<p> + The commissioners have submitted their final report, with accompanying + papers, showing the results of the negotiations conducted by them, and + the same has been carefully reviewed by the Secretary of the Interior in + his report to me thereon. +</p> +<p> + Being satisfied from an examination of the papers submitted that the + cession and relinquishment by said Chippewa Indians of their title and + interest in the lands specified and described in the agreement with the + different bands or tribes of Chippewa Indians in the State of Minnesota + was obtained in the manner prescribed in the first section of said act, + and that more than the requisite number have signed said agreement, I + have, as provided by said act, approved the said instruments in writing + constituting the agreement entered into by the commissioners with said + Indians. +</p> +<p> + The commissioners did not escape the embarrassment which unfortunately + too often attends our negotiations with the Indians, namely, an + indisposition to treat with the Government for further concessions while + its obligations incurred under former agreements are unkept. I am sure + it will be the disposition of Congress to consider promptly and in a + just and friendly spirit the claims presented by these Indians through + our commissioners, which have been formulated in the draft of a bill + prepared by the Secretary of the Interior and submitted herewith. +</p> +<p> + The act of January 14, 1889 (25 U.S. Statutes at Large, p. 642), + evidently contemplated the voluntary removal of the body of all these + bands of Indians to the White Earth and Red Lake reservations; but a + proviso in section 3 of the act authorized any Indian to take his + allotment upon the reservation where he now resides. The commissioners + report that quite a general desire was expressed by the Indians to avail + themselves of this option. The result of this is that the ceded land can + not be ascertained and brought to sale under the act until all of the + allotments are made. +</p> +<p> + I recommend that the necessary appropriations to complete the surveys + and allotments be made at once available, so that the work may be begun + and completed at the earliest possible day. +</p> +<p> + A copy of the report made by the commissioners, with copies of all the + papers submitted therewith, except the census rolls, is herewith + presented for the information of the Congress. +</p> +<p class="r"> + BENJ. HARRISON. +</p> +<p> </p><p> </p> + + +<p class="r"> + EXECUTIVE MANSION, <i>March 24, 1890</i>. +</p> +<p> + <i>To the House of Representatives</i>: +</p> +<p> + In answer to the resolution of the House of Representatives of the 8th + instant, in relation to the employment by the Regular Army of the United + States of Indian scouts for the purpose of pursuing hostile Indians in + their raids in the territory of the United States and Mexico, and in + regard to the proposed transfer of the Apache Chiricahua Indians from + Mount Vernon Barracks, Ala., to Fort Sill, Ind. T., I transmit herewith + a communication from the Secretary of State on the subject, together + with the accompanying papers. +</p> +<p class="r"> + BENJ. HARRISON. +</p> +<p> </p><p> </p> + + +<p class="r"> + EXECUTIVE MANSION, <i>March 29, 1890</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + In compliance with the resolution of the Senate of the 28th instant, + the House of Representatives concurring, I return herewith the bill + (S. 1332) entitled "An act granting to the city of Colorado Springs, + in the State of Colorado, certain lands therein described for water + reservoirs." +</p> +<p class="r"> + BENJ. HARRISON. +</p> +<p> </p><p> </p> + + +<p class="r"> + EXECUTIVE MANSION, <i>Washington, March 31, 1890</i>. +</p> +<p> + <i>To the Senate and House of Representatives</i>: +</p> +<p> + I herewith transmit a report from the Secretary of State, in relation + to the discriminating duty now imposed upon foreign works of art, + and recommend that action thereon looking to the removal of the + discrimination be taken by Congress during its present session, if + practicable. +</p> +<p class="r"> + BENJ. HARRISON. +</p> +<p> </p><p> </p> + + +<p class="r"> + EXECUTIVE MANSION, <i>Washington, April 15, 1890</i>. +</p> +<p> + <i>To the House of Representatives</i>: +</p> +<p> + I herewith transmit, in reply to the resolution of the House of + Representatives of the 3d instant, a report from the Secretary of State, + accompanied by certain correspondence in regard to the seizure of the + schooner <i>Rebecca</i> by the Mexican customs authorities at Tampico in + February, 1884. +</p> +<p class="r"> + BENJ. HARRISON. +</p> +<p> </p><p> </p> + + +<p class="r"> + EXECUTIVE MANSION, <i>Washington, April 18, 1890</i>. +</p> +<p> + <i>To the Senate and House of Representatives</i>: +</p> +<p> + I transmit herewith the fifth annual report of the Commissioner of Labor. +</p> +<p class="r"> + BENJ. HARRISON. +</p> +<p> </p><p> </p> + + +<p class="r"> + EXECUTIVE MANSION, <i>April 18, 1890</i>. +</p> +<p> + <i>To the House of Representatives</i>: +</p> +<p> + In compliance with the resolution of the House of Representatives, the + Senate concurring, I return herewith House bill No. 5179, entitled "An + act fixing the rate of interest to be charged on arrearages of general + and special taxes now due the District of Columbia if paid within a + specified time." +</p> +<p class="r"> + BENJ. HARRISON. +</p> +<p> </p><p> </p> + + +<p class="r"> + EXECUTIVE MANSION, <i>April 21, 1890</i>. +</p> +<p> + <i>To the Senate and House of Representatives</i>: +</p> +<p> + In compliance with a resolution of the House of Representatives, the + Senate concurring, I return herewith House bill No. 105, entitled + "An act in relation to immediate transportation of dutiable goods, + amendatory of the act of July 10, 1880." +</p> +<p class="r"> + BENJ. HARRISON. +</p> +<p> </p><p> </p> + + +<p class="r"> + EXECUTIVE MANSION, <i>Washington, April 21, 1890</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + In answer to the resolution of the Senate dated March 25 last, in + relation to La Abra Silver Mining Company and the distribution or + payment of moneys to that corporation on account of the award in its + favor by the Mexican Government, I transmit herewith a report from the + Secretary of State upon the subject, together with the accompanying + papers. +</p> +<p class="r"> + BENJ. HARRISON. +</p> +<p> </p><p> </p> + + +<p class="r"> + EXECUTIVE MANSION, <i>April 30, 1890</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + In compliance with a resolution of the Senate, the House of + Representatives concurring, I return herewith Senate bill 895, entitled + "An act to organize the Territory of Oklahoma, to establish courts in + the Indian Territory, and for other purposes." +</p> +<p class="r"> + BENJ. HARRISON. +</p> +<p> </p><p> </p> + + +<p class="r"> + EXECUTIVE MANSION, <i>May 8, 1890</i>. +</p> +<p> + <i>To the House of Representatives</i>: +</p> +<p> + In answer to the resolution of the House of Representatives of March 31, + 1890, respecting the importation into foreign countries of breadstuffs + and provisions from the United States and the rates of duty imposed upon + such articles, I transmit herewith a report from the Secretary of State + on the subject, together with the accompanying papers. +</p> +<p class="r"> + BENJ. HARRISON. +</p> +<p> </p><p> </p> + + +<p class="r"> + EXECUTIVE MANSION, <i>May 13, 1890</i>. +</p> +<p> + <i>To the Senate and House of Representatives</i>: +</p> +<p> + I transmit herewith a communication of the 10th instant from the + Secretary of the Interior, and the accompanying copies of + correspondence, relative to the condition of the Northern Cheyenne + Indians at the Pine Ridge Agency, S. Dak. +</p> +<p> + The desire of these Indians to be united upon some common reservation + with their brethren now occupying the Tongue River Reserve, in Montana, + is quite natural, and such an arrangement would, I think, promote the + best interests of both of these bands. +</p> +<p class="r"> + BENJ. HARRISON. +</p> +<p> </p><p> </p> + + +<p class="r"> + EXECUTIVE MANSION, <i>May 17, 1890</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + In compliance with a resolution of the Senate of this date, I return + herewith the bill (S. 903) entitled "An act for the erection of a public + building in Cedar Rapids, Iowa." +</p> +<p class="r"> + BENJ. HARRISON. +</p> +<p> </p><p> </p> + + +<p class="r"> + EXECUTIVE MANSION, <i>May 19, 1890</i>. +</p> +<p> + <i>To the Senate and House of Representatives</i>: +</p> +<p> + I inclose herewith a draft of a bill submitted by the Secretary of the + Interior, providing for the survey and disposal of a tract of land + situated in the city of Monterey, Cal., known as the "Cuartel" lot. +</p> +<p> + The lot referred to is one of the tracts excluded from the survey of the + Pueblo lands of Monterey, Cal., by the decision of Acting Secretary of + the Interior Muldrow of October 4, 1887 (6 Land Decisions, p. 179), on + the ground that it was in a state of reservation for national purposes. +</p> +<p> + A communication from the Secretary of War to the Secretary of the + Interior, copy herewith, states that this lot has been occupied at + intervals by the War Department for military purposes, but as it is not + within the limits of any declared military reservation the act of July + 5, 1884 (23 U.S. Statutes at Large, p. 103), providing for a transfer + to the Interior Department of abandoned military reservations, does not + apply. +</p> +<p> + The lot is no longer required for military purposes, and a willingness + is expressed by the War Department that the Department of the Interior + should assume control of it. A copy of the tracing, with notes, is + inclosed, showing an approximate survey and describing the situation + of the lot. +</p> +<p> + I also inclose a copy of a report of the Commissioner of the General + Land Office to the Secretary of the Interior, setting forth that under + the decision of Mr. Muldrow the tract of land known as the "Cuartel" + lot belongs to the United States by conquest and by treaty, and is in a + state of reservation for national purposes, and respectfully submitting + that Congress may continue its status as fixed by said decision or enact + appropriate laws providing for its disposition as public land. +</p> +<p class="r"> + BENJ. HARRISON. +</p> +<p> </p><p> </p> + + +<p class="r"> + EXECUTIVE MANSION, <i>May 19, 1890</i>. +</p> +<p> + <i>To the Senate and House of Representatives</i>: +</p> +<p> + I transmit herewith a report of the International American Conference, + recently in session at this capital, recommending the survey of a route + for an intercontinental line of railroad to connect the systems of North + America with those of the southern continent, and to be conducted under + the direction of a board of commissioners representing the several + American Republics. +</p> +<p> + Public attention has chiefly been attracted to the subject of improved + water communication between the ports of the United States and those of + Central and South America. The creation of new and improved steamship + lines undoubtedly furnishes the readiest means of developing an + increased trade with the Latin-American nations. But it should not be + forgotten that it is possible to travel by land from Washington to the + southernmost capital of South America, and that the opening of railroad + communication with these friendly States will give to them and to us + facilities for intercourse and the exchanges of trade that are of + special value. +</p> +<p> + The work contemplated is vast, but entirely practicable. It will be + interesting to all, and perhaps surprising to most of us, to notice how + much has already been done in the way of railroad construction in Mexico + and South America that can be utilized as part of an intercontinental + line. +</p> +<p> + I do not hesitate to recommend that Congress make the very moderate + appropriation for surveys suggested by the conference and authorize the + appointment of commissioners and the detail of engineer officers to + direct and conduct the necessary preliminary surveys. +</p> +<p class="r"> + BENJ. HARRISON. +</p> +<p> </p><p> </p> + + +<p class="r"> + EXECUTIVE MANSION, <i>May 21, 1890</i>. +</p> +<p> + <i>To the Senate and House of Representatives</i>: +</p> +<p> + I transmit herewith a communication of the 20th instant from the + Secretary of the Interior and accompanying correspondence in the matter + of the request of the Seminole Nation of Indians for negotiations with + the Creek Nation of Indians for the purchase of an additional quantity + of land, being about 25,000 acres, for the use of the Seminoles. The + request is based upon the fact that former purchases do not embrace all + of the lands upon which the Seminole Indians have made improvements, and + which by the corrected survey were given to the Creeks. The money to be + paid for these lands is to be reimbursed to the Government by the + Seminoles. +</p> +<p class="r"> + BENJ. HARRISON. +</p> +<p> </p><p> </p> + + +<p class="r"> + EXECUTIVE MANSION, <i>May 26, 1890</i>. +</p> +<p> + <i>To the House of Representatives</i>: +</p> +<p> + In compliance with the resolutions of the House of Representatives of + the 23d instant, the Senate concurring, I return herewith the bills + H.R. Nos. 380 and 2007, entitled, respectively, "An act to amend an act + entitled 'An act to authorize the Cairo and Tennessee River Railroad + Company to construct bridges across the Tennessee and Cumberland + rivers,' approved January 8, 1889," and "An act granting a pension to + the widow of Adam Shrake." +</p> +<p class="r"> + BENJ. HARRISON. +</p> +<p> </p><p> </p> + + +<p class="r"> + EXECUTIVE MANSION, <i>May 27, 1890</i>. +</p> +<p> + <i>To the Senate and House of Representatives</i>: +</p> +<p> + I transmit herewith a letter from the Secretary of State, inclosing + a report adopted by the International American Conference, recently + in session at this capital, recommending the establishment of an + international American bank, with its principal offices in the city of + New York and branches in the commercial centers of the several other + American Republics. +</p> +<p> + The advantages of such an institution to the merchants of the United + States engaged in trade with Central and South America and the purposes + intended to be accomplished are fully set forth in the letter of the + Secretary of State and the accompanying report. It is not proposed to + involve the United States in any financial responsibility, but only to + give to the proposed bank a corporate franchise, and to promote public + confidence by requiring that its condition and transactions shall be + submitted to a scrutiny similar to that which is now exercised over our + domestic banking system. +</p> +<p> + The subject is submitted for the consideration of Congress in the belief + that it will be found possible to promote the end desired by legislation + so guarded as to avoid all just criticism. +</p> +<p class="r"> + BENJ. HARRISON. +</p> +<p> </p><p> </p> + + +<p class="r"> + EXECUTIVE MANSION, <i>May 28, 1890</i>. +</p> +<p> + <i>To the Senate and House of Representatives</i>: +</p> +<p> + I transmit herewith a communication of the 26th instant from the + Secretary of the Interior, and accompanying item of appropriation, to + enable the President to continue the negotiations authorized by sections + 14 and 15 of the Indian appropriation act approved March 2, 1889, with + the Cherokee Indians and with all other Indians owning or claiming lands + west of the ninety-sixth degree of longitude in the Indian Territory, + for the cession to the United States of all their title, claim, or + interest of every kind or character in and to said lands, etc. +</p> +<p> + The matter is presented for the favorable action of Congress. +</p> +<p class="r"> + BENJ. HARRISON. +</p> +<p> </p><p> </p> + + +<p class="r"> + EXECUTIVE MANSION, <i>June 2, 1890</i>. +</p> +<p> + <i>To the House of Representatives</i>: +</p> +<p> + In compliance with a resolution of the House of Representatives of the + 29th ultimo, the Senate concurring, I return herewith the bill (H.R. + 7345) entitled "An act authorizing and directing the Secretary of War + to establish new harbor lines in Portage Lake, Houghton County, Mich." +</p> +<p class="r"> + BENJ. HARRISON. +</p> +<p> </p><p> </p> + + +<p class="r"> + EXECUTIVE MANSION, <i>June 2, 1890</i>. +</p> +<p> + <i>To the Senate and House of Representatives</i>: +</p> +<p> + The International American Conference, recently in session at this + capital, recommended for adoption by the several American Republics— +</p> +<p> + 1. A uniform system of customs regulations for the classification and + valuation of imported merchandise; +</p> +<p> + 2. A uniform nomenclature for the description of articles of merchandise + imported and exported; and +</p> +<p> + 3. The establishment at Washington of an international bureau of + information. +</p> +<p> + The conference also at its final session decided to establish + in the city of Washington, as a fitting memorial of its meeting, a + Latin-American library, to be formed by contributions from the several + nations, of historical, geographical, and literary works, maps, + manuscripts, and official documents relating to the history and + civilization of America, and expressed a desire that the Government of + the United States should provide a suitable building for the shelter + of such a library, to be solemnly dedicated upon the four hundredth + anniversary of the discovery of America. +</p> +<p> + The importance of these suggestions is fully set forth in the letter + of the Secretary of State and the accompanying documents, herewith + transmitted, to which I invite your attention. +</p> +<p class="r"> + BENJ. HARRISON. +</p> +<p> </p><p> </p> + + +<p class="r"> + EXECUTIVE MANSION, <i>June 6, 1890</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + In response to the resolution of the Senate of the 26th of May, + requesting me to "communicate to the Senate such information as may + be in possession of the executive department relating to the alleged + landing of an armed force from the United States revenue cutter <i>McLane</i> + at Cedar Keys, Fla., and the alleged entry of houses of citizens by + force, and their alleged pursuit of citizens of the United States in + the surrounding country, and the authority under which the commanding + officer of the cutter acted in any such matter," I submit for the + information of the Senate the accompanying correspondence, which + contains all the information possessed by the executive department + relating to the matters inquired about. +</p> +<p> + It will be observed that the United States collector of customs at + Cedar Keys had been driven from his office and from the town and the + administration of the customs laws of the United States at that port + suspended by the violent demonstrations and threats of one Cottrell, the + mayor of the place, assisted by his town marshal, Mitchell. If it had + been necessary, as I do not think it can be in any case, for a United + States officer to appeal to the local authorities for immunity from + violence in the exercise of his duties, the situation at Cedar Keys did + not suggest or encourage such an appeal, for those to whom the appeal + would have been addressed were themselves the lawless instruments of + the threatened violence. It will always be agreeable to me if the local + authorities, acting upon their own sense of duty, maintain the public + order in such a way that the officers of the United States shall have + no occasion to appeal for the intervention of the General Government; + but when this is not done I shall deem it my duty to use the adequate + powers vested in the Executive to make it safe and feasible to hold and + exercise the offices established by the Federal Constitution and laws. +</p> +<p> + The means used in this case were, in my opinion, lawful and necessary, + and the officers do not seem to have intruded upon any private right in + executing the warrants placed in their hands. The letter dated August 4 + last, which appears in the correspondence submitted, appealing to me + to intervene for the protection of the citizens of Cedar Keys from the + brutal violence of Cottrell, it will be noticed, was written before the + appointment of the new collector. That the officers of the law should + not have the full sympathy of every good citizen in their efforts to + bring these men to merited punishment is matter of surprise and regret. + It is a very grim commentary upon the condition of social order at Cedar + Keys that only a woman, who had, as she says in her letter, no son or + husband who could be made the victim of his malice, had the courage to + file charges against this man, who was then holding a subordinate place + in the customs service. +</p> +<p class="r"> + BENJ. HARRISON. +</p> +<p> </p><p> </p> + + +<p class="r"> + EXECUTIVE MANSION, <i>June 6, 1890</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + In compliance with a resolution of the Senate of the 5th instant, + the House of Representatives concurring, I return herewith the bill + (S. 1293) entitled "An act for the relief of Charles F. Bowers." +</p> +<p class="r"> + BENJ. HARRISON. +</p> +<p> </p><p> </p> + + +<p class="r"> + EXECUTIVE MANSION, <i>June 16, 1890</i>. +</p> +<p> + <i>To the Senate and House of Representatives</i>: +</p> +<p> + I transmit herewith, for the information of Congress with a view to + securing such legislation as may be appropriate, a communication from + the Secretary of the Interior, relating to the destruction by fires, + carelessly kindled or left, of the timber upon the public lands. +</p> +<p> + If proper penalties were imposed by law and a few convictions thereunder + secured, I do not doubt that much waste of our forests would be + prevented. +</p> +<p class="r"> + BENJ. HARRISON. +</p> +<p> </p><p> </p> + + +<p class="r"> + EXECUTIVE MANSION, <i>June 18, 1890</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + In response to the resolution of the Senate of the 16th instant, + relating to the negotiations by the Cherokee Commission for the purchase + of certain lands in the Indian Territory, I respectfully state that on + the 20th day of May and the 12th day of June, respectively, agreements + were Signed by the Iowa and the Sac and Fox tribes ceding to the United + States certain of their lands. The contracts and accompanying papers + were received at the Interior Department on the 2d and 17th days of + June, respectively, and are now under examination by the proper officers + of that Department. When these examinations are concluded, the papers + will, if found to be complete and conformable to law, be submitted to + Congress. +</p> +<p class="r"> + BENJ. HARRISON. +</p> +<p> </p><p> </p> + + +<p class="r"> + EXECUTIVE MANSION, <i>June 19, 1890</i>. +</p> +<p> + <i>To the Senate and House of Representatives</i>: +</p> +<p> + I transmit herewith, for your information, a letter from the Secretary + of State, inclosing a report of the International American Conference, + which recommends that reciprocal commercial treaties be entered into + between the United States and the several other Republics of this + hemisphere. +</p> +<p> + It has been so often and so persistently stated that our tariff laws + offered an insurmountable barrier to a large exchange of products + with the Latin-American nations that I deem it proper to call especial + attention to the fact that more than 87 per cent of the products of + those nations sent to our ports are now admitted free. If sugar is + placed upon the free list, practically every important article exported + from those States will be given untaxed access to our markets, except + wool. The real difficulty in the way of negotiating profitable + reciprocity treaties is that we have given freely so much that would + have had value in the mutual concessions which such treaties imply. + I can not doubt, however, that the present advantages which the products + of these near and friendly States enjoy in our markets, though they are + not by law exclusive, will, with other considerations, favorably dispose + them to adopt such measures, by treaty or otherwise, as will tend to + equalize and greatly enlarge our mutual exchanges. +</p> +<p> + It will certainly be time enough for us to consider whether we must + cheapen the cost of production by cheapening labor in order to gain + access to the South American markets when we have fairly tried the + effect of established and reliable steam communication and of convenient + methods of money exchanges. There can be no doubt, I think, that with + these facilities well established and with a rebate of duties upon + imported raw materials used in the manufacture of goods for export our + merchants will be able to compete in the ports of the Latin-American + nations with those of any other country. +</p> +<p> + If after the Congress shall have acted upon pending tariff legislation + it shall appear that under the general treaty-making power, or under any + special powers given by law, our trade with the States represented in + the conference can be enlarged upon a basis of mutual advantage, it will + be promptly done. +</p> +<p class="r"> + BENJ. HARRISON. +</p> +<p> </p><p> </p> + + +<p class="r"> + EXECUTIVE MANSION, <i>June 24, 1890</i>. +</p> +<p> + <i>To the House of Representatives</i>: +</p> +<p> + In compliance with a resolution of the House of Representatives of + the 23d instant, the Senate concurring, I return herewith the bill + (H.R. 5702) "granting a pension to Ann Bryan." +</p> +<p class="r"> + BENJ. HARRISON. +</p> +<p> </p><p> </p> + + +<p class="r"> + EXECUTIVE MANSION, <i>June 25, 1890</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + In compliance with a resolution of the Senate of the 23d instant, the + House of Representatives concurring, I return herewith the bill (S. 145) + "for the relief of the legal representatives of Henry S. French." +</p> +<p class="r"> + BENJ. HARRISON. +</p> +<p> </p><p> </p> + + +<p class="r"> + EXECUTIVE MANSION, <i>July 1, 1890</i>. +</p> +<p> + <i>To the Senate and House of Representatives</i>: +</p> +<p> + In my annual message I called attention to the urgent need of + legislation for the adjustment of the claims under Mexican grants to + lands in Arizona and New Mexico. +</p> +<p> + I now submit a correspondence which has passed between the Department + of State and the Mexican Government concerning the rights of certain + Mexican citizens to have their claims to lands ceded to the United + States by the treaty adjusted and confirmed. I also submit a letter from + the Secretary of the Interior, with accompanying papers, showing the + number and extent of these claims and their present condition. +</p> +<p> + The United States owes a duty to Mexico to confirm to her citizens those + valid grants that were saved by the treaty, and the long delay which has + attended the discharge of this duty has given just cause of complaint. +</p> +<p> + The entire community where these large claims exist, and, indeed, + all of our people, are interested in an early and final settlement of + them. No greater incubus can rest upon the energies of a people in the + development of a new country than that resulting from unsettled land + titles. +</p> +<p> + The necessity for legislation is so evident and so urgent that I venture + to express the hope that relief will be given at the present session of + Congress. +</p> +<p class="r"> + BENJ. HARRISON. +</p> +<p> </p><p> </p> + + +<p class="r"> + EXECUTIVE MANSION, <i>July 2, 1890</i>. +</p> +<p> + <i>To the Senate and House of Representatives</i>: +</p> +<p> + In compliance with the provisions of section 14 of the act of March 2, + 1889, I transmit herewith, for the consideration of Congress, an + agreement concluded between the commissioners appointed under that + section on behalf of the United States, commonly known as the Cherokee + Commission, and the Sac and Fox Nation of Indians in the Indian + Territory on the 12th day of June last. +</p> +<p> + The Sac and Fox Nation have a national council, and the negotiation was + conducted with that body, which undoubtedly had competent authority to + contract on behalf of the tribe for the sale of these lands. The letter + of the Secretary of the Interior and the accompanying papers, which are + submitted herewith, furnish all the information necessary to the + consideration of the questions to be determined by Congress. +</p> +<p> + The only serious question presented is as to that article of the + agreement which limits the distribution of the funds to be paid by the + United States under it to the Sac and Fox Indians now in the Indian + Territory. I very gravely doubt whether the remnant or band of this + tribe now living in Iowa has any interest in these lands in the Indian + Territory. The reservation there was apparently given in consideration + of improvements upon the lands of the tribe in Kansas. The band now + resident in Iowa upon lands purchased by their own means, as I am + advised, left the Kansas reservation many years before the date of this + treaty, and it would seem could have had no equitable interest in the + improvements on the Kansas lands, which must have been the result of the + labors of that portion of the tribe living upon them. The right of the + Iowa band to a participation in the proceeds of the sale of the Kansas + reservation was explicitly reserved in the treaty; but it seems to me + upon a somewhat hasty examination of the treaty that the reservation + in the Indian Territory was intended only for the benefit of those who + should go there to reside. The Secretary of the Interior has expressed a + somewhat different view of the effect of this treaty; but if the facts + are, as I understand, that the Iowa band did not contribute to the + improvements which were the consideration for the reservation and did + not accept the invitation to settle upon the reservation lands in the + Indian Territory, I do not well see how they have either an equitable or + legal claim to participate in the proceeds of the sale of those lands. +</p> +<p> + The whole matter is submitted for the consideration of Congress. +</p> +<p class="r"> + BENJ. HARRISON. +</p> +<p> </p><p> </p> + + +<p class="r"> + EXECUTIVE MANSION, <i>Washington, July 2, 1890</i>. +</p> +<p> + <i>To the Senate and House of Representatives</i>: +</p> +<p> + I transmit herewith a letter from the Secretary of State, inclosing + the recommendations of the International American Conference for the + establishment of improved facilities for postal and cable communication + between the United States and the several countries of Central and South + America. +</p> +<p> + I can not too strongly urge upon Congress the necessity of giving this + subject immediate and favorable consideration and of making adequate + appropriations to carry the recommendations into effect; and in this + connection I beg leave to call attention to what was said on the subject + in my annual message.<a href="#note-9"><small>9</small></a> The delegates of the seventeen neighboring + Republics, which have so recently been assembled in Washington at the + invitation of this Government, have expressed their wish and purpose to + cooperate with the United States in the adoption of measures to improve + the means of communication between the several Republics of America. + They recognize the necessity of frequent, regular, and rapid steamship + service, both for the purpose of maintaining friendly intercourse + and for the convenience of commerce, and realize that without such + facilities it is useless to attempt to extend the trade between their + ports and ours. +</p> +<p class="r"> + BENJ. HARRISON. +</p> +<p> </p><p> </p> + + + +<p class="r"> + EXECUTIVE MANSION, <i>Washington, July 2, 1890</i>. +</p> +<p> + <i>To the Senate and House of Representatives</i>: +</p> +<p> + I transmit herewith, for your information, a letter from the Secretary + of State, inclosing a copy of a resolution passed by the International + American Conference with reference to the celebration of the fourth + centennial of the discovery of America. +</p> +<p class="r"> + BENJ. HARRISON. +</p> +<p> </p><p> </p> + + +<p class="r"> + EXECUTIVE MANSION, <i>July 2, 1890</i>. +</p> +<p> + <i>To the Senate and House of Representatives</i>: +</p> +<p> + I transmit herewith, as required by section 14 of the act of March 2, + 1889, an agreement concluded on the 20th day of May last between the + commissioners on behalf of the United States, commonly known as the + Cherokee Commission, and the Iowa Indians residing in the Indian + Territory. +</p> +<p> + A letter of the Secretary of the Interior, which is accompanied by + communications from the Commissioner of Indian Affairs and the Assistant + Attorney-General, is also submitted. +</p> +<p> + These papers present a full and clear statement of the matters of fact + and questions of law which Congress will need to consider in passing + upon the question of the ratification of the agreement, which is + submitted for its consideration and such action as may be deemed proper. +</p> +<p class="r"> + BENJ. HARRISON. +</p> +<p> </p><p> </p> + + +<p class="r"> + EXECUTIVE MANSION, <i>Washington, July 11, 1890</i>. +</p> +<p> + <i>To the Senate and House of Representatives</i>: +</p> +<p> + I transmit herewith a communication from the Secretary of State, + including a report of the action of the International American + Conference, lately in session in this city, concerning the protection of + patents, trademarks, and copyrights in commerce between the American + Republics, to which I invite your attention. +</p> +<p class="r"> + BENJ. HARRISON. +</p> +<p> </p><p> </p> + + +<p class="r"> + EXECUTIVE MANSION, <i>Washington, July 11, 1890</i>. +</p> +<p> + <i>To the Senate and House of Representatives</i>: +</p> +<p> + I invite your attention to the accompanying letter of the Secretary of + State, submitting the recommendations of the International American + Conference for the better protection of the public health against the + spread of contagious diseases. +</p> +<p class="r"> + BENJ. HARRISON. +</p> +<p> </p><p> </p> + + +<p class="r"> + EXECUTIVE MANSION, <i>July 12, 1890</i>. +</p> +<p> + <i>To the Senate and House of Representatives</i>: +</p> +<p> + I transmit herewith a letter from the Secretary of State, inclosing a + copy of a report upon weights and measures adopted by the International + American Conference, recently in session at this capital. +</p> +<p class="r"> + BENJ. HARRISON. +</p> +<p> </p><p> </p> + + +<p class="r"> + EXECUTIVE MANSION, <i>July 12, 1890</i>. +</p> +<p> + <i>To the Senate and House of Representatives</i>: +</p> +<p> + I transmit herewith a letter from the Secretary of State, inclosing a + copy of a report of the International American Conference, recently + in session at this capital, recommending the establishment of an + international American monetary union, and suggesting that the President + be authorized to invite the several American nations to send delegates + to its first meeting in Washington on the first Wednesday of January + next; that authority also be granted for the appointment of three + delegates on the part of the United States, and that an appropriation + be made to meet the necessary expenses. +</p> +<p> + I commend these suggestions and hope they will receive the prompt + consideration of Congress. +</p> +<p class="r"> + BENJ. HARRISON. +</p> +<p> </p><p> </p> + + +<p class="r"> + EXECUTIVE MANSION, <i>Washington, July 14, 1890</i>. +</p> +<p> + <i>To the Senate and House of Representatives</i>: +</p> +<p> + I transmit herewith a letter from the Secretary of State, inclosing the + recommendation of the International American Conference with reference + to the adoption by the American Republics of a uniform code of + international law, to which your attention is respectfully directed. +</p> +<p class="r"> + BENJ. HARRISON. +</p> +<p> </p><p> </p> + + +<p class="r"> + EXECUTIVE MANSION, <i>Washington, July 14, 1890</i>. +</p> +<p> + <i>To the Senate and House of Representatives</i>: +</p> +<p> + I transmit herewith a letter from the Secretary of State, inclosing the + recommendations of the International American Conference, recently in + session at this capital, concerning a uniform system of port dues and + consular fees to be adopted by the several American Republics, to which + I invite your attention. +</p> +<p class="r"> + BENJ. HARRISON. +</p> +<p> </p><p> </p> + + +<p class="r"> + EXECUTIVE MANSION, <i>July 15, 1890</i>. +</p> +<p> + <i>To the Senate and House of Representatives</i>: +</p> +<p> + I transmit herewith a letter from the Secretary of State, inclosing + a resolution adopted by the International American Conference for + the erection of a memorial tablet in the diplomatic chamber of the + Department of State to commemorate the meeting of that body. +</p> +<p class="r"> + BENJ. HARRISON. +</p> +<p> </p><p> </p> + + +<p class="r"> + EXECUTIVE MANSION, <i>July 15, 1890</i>. +</p> +<p> + <i>To the Senate and House of Representatives</i>: +</p> +<p> + I transmit herewith, for your information, certain reports on the + subject of extradition adopted by the International American Conference + at its recent sessions in this city. +</p> +<p class="r"> + BENJ. HARRISON. +</p> +<p> </p><p> </p> + + +<p class="r"> + EXECUTIVE MANSION, <i>July 15, 1890</i>. +</p> +<p> + <i>To the Senate and House of Representatives</i>: +</p> +<p> + I transmit two agreements concluded by the commission appointed under + section 14 of the act of March 2, 1889, commonly known as the Cherokee + Commission, with the Citizen band of Pottawatomie Indians and the band + of Absentee Shawnees, respectively, for the cession of certain lands to + the United States. +</p> +<p> + Letters from the Secretary of the Interior, the Commissioner of Indian + Affairs, and the Assistant Attorney-General for the Department of the + Interior relating to the same matter are also submitted. +</p> +<p class="r"> + BENJ. HARRISON. +</p> +<p> </p><p> </p> + + +<p class="r"> + EXECUTIVE MANSION, <i>July 17, 1890</i>. +</p> +<p> + <i>To the Senate and House of Representatives</i>: +</p> +<p> + The act making appropriations to provide for the expenses of the + government of the District of Columbia for the fiscal year ending June + 30, 1890, provides, among other things, that the President shall appoint + three competent sanitary engineers to examine and report upon the system + of sewerage existing in the District of Columbia, together with such + suggestions and recommendations as may to them seem necessary and + desirable for the modification and extension of the same, which report + was to be transmitted to Congress by the President at its next session. +</p> +<p> + In pursuance of the authority thus conferred, on the 17th of August, + 1889, I appointed Rudolph Hering, of New York, Samuel M. Gray, of Rhode + Island, and Frederick P. Stearns, of Massachusetts, to make this + examination and report. +</p> +<p> + The gentlemen named were believed to have such ability and experience as + sanitary engineers as to guarantee an intelligent and exhaustive study + of the problem submitted to them. +</p> +<p> + I transmit herewith their report, which has just been submitted to me, + for the consideration of Congress. +</p> +<p class="r"> + BENJ. HARRISON. +</p> +<p> </p><p> </p> + + +<p class="r"> + EXECUTIVE MANSION, <i>July 23, 1890</i>. +</p> +<p> + <i>To the House of Representatives</i>: +</p> +<p> + In response to the resolution of the House of Representatives requesting + me, if in my judgment not incompatible with the public interest, to + furnish to the House the correspondence since March 4, 1889, between the + Government of the United States and the Government of Great Britain + touching the subjects in dispute in the Bering Sea, I transmit a letter + from the Secretary of State, which is accompanied by the correspondence + referred to in the resolution. +</p> +<p class="r"> + BENJ. HARRISON. +</p> +<p> </p><p> </p> + + +<p class="r"> + EXECUTIVE MANSION, <i>July 29, 1890</i>. +</p> +<p> + <i>To the Senate and House of Representatives</i>: +</p> +<p> + The recent attempt to secure a charter from the State of North Dakota + for a lottery company, the pending effort to obtain from the State of + Louisiana a renewal of the charter of the Louisiana State Lottery, and + the establishment of one or more lottery companies at Mexican towns near + our border have served the good purpose of calling public attention to + an evil of vast proportions. If the baneful effects of the lotteries + were confined to the States that give the companies corporate powers + and a license to conduct the business, the citizens of other States, + being powerless to apply legal remedies, might clear themselves of + responsibility by the use of such moral agencies as were within their + reach. But the case is not so. The people of all the States are + debauched and defrauded. The vast sums of money offered to the States + for charters are drawn from the people of the United States, and the + General Government through its mail system is made the effective and + profitable medium of intercourse between the lottery company and its + victims. The use of the mails is quite as essential to the companies + as the State license. It would be practically impossible for these + companies to exist if the public mails were once effectively closed + against their advertisements and remittances. The use of the mails by + these companies is a prostitution of an agency only intended to serve + the purposes of a legitimate trade and a decent social intercourse. +</p> +<p> + It is not necessary, I am sure, for me to attempt to portray the robbery + of the poor and the widespread corruption of public and private morals + which are the necessary incidents of these lottery schemes. +</p> +<p> + The national capital has become a subheadquarters of the Louisiana + Lottery Company, and its numerous agents and attorneys are conducting + here a business involving probably a larger use of the mails than that + of any legitimate business enterprise in the District of Columbia. There + seems to be good reason to believe that the corrupting touch of these + agents has been felt by the clerks in the postal service and by some of + the police officers of the District. +</p> +<p> + Severe and effective legislation should be promptly enacted to enable + the Post-Office Department to purge the mails of all letters, + newspapers, and circulars relating to the business. +</p> +<p> + The letter of the Postmaster-General which I transmit herewith points + out the inadequacy of the existing statutes and suggests legislation + that would be effective. +</p> +<p> + It may also be necessary to so regulate the carrying of letters by the + express companies as to prevent the use of those agencies to maintain + communication between the lottery companies and their agents or + customers in other States. +</p> +<p> + It does not seem possible that there can be any division of sentiment + as to the propriety of closing the mails against these companies, and + I therefore venture to express the hope that such proper powers as + are necessary to that end will be at once given to the Post-Office + Department. +</p> +<p class="r"> + BENJ. HARRISON. +</p> +<p> </p><p> </p> + + +<p class="r"> + EXECUTIVE MANSION, <i>Washington, July 30, 1890</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I transmit herewith a report from the Acting Secretary of State, in + response to a resolution of the Senate of the 23d instant, calling for + information touching the alleged arrest and imprisonment of A.J. Diaz + by the Cuban authorities and the action which has been taken in respect + thereto. +</p> +<p> + It will be seen that Mr. Diaz has been released. +</p> +<p class="r"> + BENJ. HARRISON. +</p> +<p> </p><p> </p> + + +<p class="r"> + EXECUTIVE MANSION, <i>August 8, 1890</i>. +</p> +<p> + <i>To the Senate and House of Representatives</i>: +</p> +<p> + I have received, under date of July 29 ultimo, a communication from Hon. + George W. Steele, governor of the Territory of Oklahoma, in which, among + other things, he says: +</p> +<p class="q"> + A delegation from township 16, range 1, in this county, has just left + me, who came to represent that there are at this time twenty-eight + families in that township who are in actual need of the necessaries of + life, and they give it as their opinion that their township is not an + exception, and that in the very near future a large proportion of the + settlers of this Territory will have to have assistance. +</p><p class="q"> + This I have looked for, but have hoped to bridge over until after the + legislature meets, when I thought some arrangement might be made for + taking care of these needy people; but with little taxable property in + the Territory, and very many necessary demands to be made and met, I + doubt if the legislature will be able to make such provision until a + crop is raised next year as will be adequate to the demands. * * * +</p><p class="q"> + Now I know whereof I speak, and I say there are a great many people in + this Territory who have not the necessary means of providing meals for + a day to come and are being helped by their very poor neighbors. No one + regrets more than I do the necessity of making the foregoing statement, + and I have hoped to bridge the matter over, as I have said before, + until the legislature would meet and see if some provision could be + made. +</p><p class="q"> + I now see the utter hopelessness of such a course, and I beg of you to + call the attention of Congress to the condition of our people, with the + earnest hope that provision may be made whereby great suffering may be + relieved; and I assure you that so far as I am able to prevent it not + one ounce of provisions or a cent of money contributed to the above + need shall be improperly used. +</p> +<p> + Information received by me from other sources leads me to believe that + Governor Steele is altogether right in his impression that there will + be, unless relief is afforded either by public appropriation or by + organized individual effort, widespread suffering among the settlers + in Oklahoma. Many of these people expended in travel and in providing + shelter for their families all of their accumulated means. The crop + prospects for this year are by reason of drought quite unfavorable, and + the ability of the Territory itself to provide relief must be inadequate + during this year. +</p> +<p> + I am advised that there is an unexpended balance of about $45,000 of + the fund appropriated for the relief of the sufferers by flood upon the + Mississippi River and its tributaries, and I recommend that authority be + given to use this fund to meet the most urgent necessities of the poorer + people in Oklahoma. Steps have been taken to ascertain more particularly + the condition of the people throughout the Territory, and if a larger + relief should seem to be necessary the facts will be submitted to + Congress. If the fund to which I have referred should be made available + for relief in Oklahoma, care will be taken that so much of it as is + necessary to be expended shall be judiciously applied to the most worthy + and necessitous cases. +</p> +<p class="r"> + BENJ. HARRISON. +</p> +<p> </p><p> </p> + + +<p class="r"> + EXECUTIVE MANSION, <i>Washington, August 15, 1890</i>. +</p> +<p> + <i>To the Senate</i>: +</p> +<p> + In compliance with the resolution of the Senate of the 26th of July, + 1890, calling for all correspondence not already submitted to Congress + and now on file in the Department of State touching the efforts made + by this Government to secure the modification or repeal by the French + Government of its decree of 1881, prohibiting the importation into + France of American pork and kindred American products, I transmit + herewith a report from the Acting Secretary on the subject, with the + accompanying correspondence. +</p> +<p class="r"> + BENJ. HARRISON. +</p> +<p> </p><p> </p> + + +<p class="r"> + EXECUTIVE MANSION, <i>September 3, 1890</i>. +</p> +<p> + <i>To the Senate and House of Representatives</i>: +</p> +<p> + I transmit herewith a letter from the Secretary of State, which is + accompanied by three reports adopted by the conference of American + nations recently in session at Washington, relating to the subject of + international arbitration. The ratification of the treaties contemplated + by these reports will constitute one of the happiest and most hopeful + incidents in the history of the Western Hemisphere. +</p> +<p class="r"> + BENJ. HARRISON. +</p> +<p> </p><p> </p> + + +<p class="r"> + EXECUTIVE MANSION, <i>October 1, 1890</i>. +</p> +<p> + <i>To the House of Representatives</i>: +</p> +<p> + I transmit herewith, in answer to the resolution of the House of + Representatives of August 20, 1890, concerning the enforcement of + proscriptive edicts against the Jews in Russia, a report from the + Secretary of State upon the subject. +</p> +<p class="r"> + BENJ. HARRISON. +</p> +<p> </p><p> </p> + + +<p class="r"> + EXECUTIVE MANSION, <i>Washington, October 1, 1890</i>. +</p> +<p> + <i>To the Senate</i>: +</p> +<p> + In response to the resolution of the Senate of September 17, 1890, + I inclose a report from the Secretary of State, transmitting all the + correspondence found among the files of his Department relating to the + claim of Thomas T. Collins against the Government of Spain. +</p> +<p class="r"> + BENJ. HARRISON. +</p> + +<div style="height: 4em;"><br><br><br><br></div> + +<h2> + VETO MESSAGES. +</h2> +<p class="r"> + EXECUTIVE MANSION, <i>April 26, 1890</i>. +</p> +<p> + <i>To the House of Representatives</i>: +</p> +<p> + I return herewith without my approval the bill (H.R. 7170) "to authorize + the city of Ogden, Utah, to assume an increased indebtedness," +</p> +<p> + The purpose and effect of this bill is to relieve the city of Ogden from + the limitation imposed by the act of July 30, 1886, upon all municipal + corporations in the Territories as to the indebtedness which they may + lawfully contract. The general law fixes the limit of 4 per cent upon + the last assessment for taxation; this bill extends the limit as to the + city of Ogden to 8 per cent. The purposes for which this legislation is + asked are not peculiar or exceptional. They relate to schools, street + improvements, and to sewerage, and are common to every prosperous and + growing town and city. If the argument by which this measure is + supported is adopted, the conclusion should be a repeal or modification + of the general law; but in my opinion the limitation imposed by the act + of 1886 is wise and wholesome and should not be relaxed. +</p> +<p> + The report of the governor of Utah for 1889 states the population of + Ogden to be 15,000, the valuation for taxation $7,000,000, and the + existing indebtedness $100,000. It will be noticed that under the + existing limit the city has power to increase its indebtedness + $180,000, which would seem to be enough to make a good beginning in the + construction of sewers, while the cost of street improvements is usually + met in large part by direct assessment upon the property benefited. +</p> +<p> + It is assumed in the report of the House committee that any city in + the States similarly situated "would have the making of the needed + improvements within its own power," while the fact is that almost all of + our States have either by their constitutions or statutes limited the + power of municipal corporations to incur indebtedness, and the limit is + generally lower than that fixed by the act regulating this matter in the + Territories. A large city debt retards growth and in the end defeats + the purpose of those who think by mortgaging the future to attract + population and property. I do not doubt that the citizens of Ogden will + ultimately realize that the creation of a municipal debt of over half a + million dollars by a city of 15,000 population—being $37 per capita—is + unwise. +</p> +<p class="r"> + BENJ. HARRISON. +</p> +<p> </p><p> </p> + + +<p class="r"> + EXECUTIVE MANSION, <i>April 29, 1890</i>. +</p> +<p> + <i>To the House of Representatives</i>: +</p> +<p> + I return without my approval the bill (H.R. 848) "to authorize the + construction of an addition to the public building in Dallas, Tex." +</p> +<p> + The bill authorizes the construction of a wing or addition to the + present public building at a cost of $200,000. I find that the bill + as originally introduced by the member representing the Congressional + district in which Dallas is situated fixed $100,000 as the limit of + the proposed expenditure, and it was so reported from the Committee + on Public Buildings and Grounds after conferring with the Supervising + Architect of the Treasury. A bill of the same tenor was introduced in + the Senate by one of the Senators from that State, fixing the same + limit of expenditure. +</p> +<p> + The public building at Dallas, for which a first appropriation of + $75,000 was made in 1882, subsequently increased to $125,000, was only + completed in 1889. It is probably inadequate now to the convenient + transaction of business, chiefly in that part assigned to the + Post-Office Department. The material and architectural style of any + addition are fixed by the present building and its ground area by + the available unoccupied space, as no provision is made for buying + additional ground. The present building is 85 by 56 feet, and Mr. John + S. Witwer, the postmaster and the custodian of the building, writing + to the Supervising Architect, advises that to meet the present and + prospective needs of the Government an addition at least two-thirds as + large as the present building should be provided. It will be seen from + the following extract from a letter of the Supervising Architect to the + chairman of the Senate Committee on Public Buildings and Grounds, dated + February 17, 1890, that a building larger than that suggested can be + erected within the limit of $100,000. He says: +</p> +<p class="q"> + From computations made in this office based upon data received it is + found that an extension or wing about 40 by 85 feet in dimensions, three + stories high, with basement, giving 3,400 square feet, in addition to + the 4,760 square feet of the first-floor area of the building, of + fireproof construction, can be erected on the present site within the + limit of cost proposed by said bill, namely, $100,000. +</p> +<p> + It may be possible that an expenditure of $325,000 for a public building + at Dallas, if the questions of site, material, and architecture were all + undetermined, could be defended, but under existing conditions I do not + see how an appropriation of $200,000 can be justified when one-half that + sum is plainly adequate to such relief as the present site allows. +</p> +<p> + The legislation for the erection of public buildings has not proceeded, + so far as I can trace it, upon any general rules. Neither population nor + the extent of the public business transacted has always indicated the + points where public buildings should first be built or the cost of the + structures. It can not be expected that, in the absence of some general + law, the committees of Congress having charge of such matters will + proceed in their recommendations upon strict or equal lines. The bills + are individual, and if comparisons are attempted the necessary element + of probable future growth is made to cover all apparent inequalities. It + will be admitted, I am sure, that only a public need should suggest the + expenditure of the public money, and that if all such needs can not be + at once supplied the most general and urgent should have the preference. +</p> +<p> + I am not unfriendly to a liberal annual expenditure for the erection of + public buildings where the safe and convenient transaction of the public + business demands it and the state of the revenues will permit. It would + be wiser, in my opinion, to build more and less costly houses and to fix + by general law the amount of the annual expenditure for this purpose and + some order of preference between the cities asking for public buildings. +</p> +<p> + But in view of the pending legislation looking to a very large reduction + of our revenues and of the urgency and necessity of a large increase + in our expenditures in certain directions, I am of the opinion that + appropriations for the erection of public buildings and all kindred + expenditures should be kept at the minimum until the effect of other + probable legislation can be accurately measured. +</p> +<p> + The erection of a public building is largely a matter of local interest + and convenience, while expenditures for enlarged relief and recognition + to the soldiers and sailors of the war for the preservation of the + Union, for necessary coast defenses, and for the extension of our + commerce with other American States are of universal interest and + involve considerations, not of convenience, but of justice, honor, + safety, and general prosperity. +</p> +<p class="r"> + BENJ. HARRISON. +</p> +<p> </p><p> </p> + + +<p class="r"> + EXECUTIVE MANSION, <i>June 4, 1890</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I return without my approval the bill (S. 1306) "for the erection of + a public building at Hudson, N.Y." Hudson, from the best information + attainable, is a city of only a little more than 10,000 population. If + the postal receipts are a fair indication of the growth of the city, it + has not been rapid, as they only increased about $4,000 in ten years. + The gross postal receipts for the year 1888 were but $14,809, and the + office force consists of three clerks and five carriers. There are no + other Government officers at Hudson entitled under the law to offices or + to an allowance for rent, unless it be a deputy collector of internal + revenue. +</p> +<p> + It appears from the bill and the correspondence with the Supervising + Architect that it is proposed to erect a two-story building, with + fireproof vaults, heating and ventilating apparatus, and elevators, 40 + by 80 feet in dimensions. The ground-floor area of 3,200 feet, to be + devoted to the post-office, would give 400 square feet to each of the + present employees. The second story and the basement, each having the + same area, will be absolutely tenantless, unless authority is given by + law to the custodian to rent the rooms to unofficial tenants. It seems + to me to be very clear that the public needs do not suggest or justify + such an expenditure as is contemplated by this bill. +</p> +<p class="r"> + BENJ. HARRISON. +</p> +<p> </p><p> </p> + + +<p class="r"> + EXECUTIVE MANSION, <i>June 12, 1890</i>. +</p> +<p> + <i>To the House of Representatives</i>: +</p> +<p> + I return without my approval the bill (H.R. 7175) to provide for the + purchase of a site and the erection of a public building thereon at + Tuscaloosa, in the State of Alabama. +</p> +<p> + Judged by its postal revenues and by the force employed in the + office, the post-office at Tuscaloosa is not an important one. It has + one clerk, at a salary of $450, and no carriers. The report of the + Postmaster-General shows that the gross receipts for the year 1888 were + $6,379 and the net revenue less than $4,000. The annual receipts have + only increased about $3,000 in ten years. The rent now paid for a + building affording 2,200 square feet of floor space is $275. +</p> +<p> + A general proposition to erect public buildings at this scale of expense + in cities of the size of Tuscaloosa would not, I am sure, receive the + sanction of Congress. It would involve the expenditure for buildings of + ten times the present net revenues of such offices, and in the case + under consideration would involve an increased cost for fuel, lights, + and care greater than the rent now paid for the use of a room of ample + size. I would not insist that it must always be shown that a proposed + public building would yield an interest upon the investment, but in + the present uncertain state of the public revenues and expenditures, + resulting from pending and probable legislation, there is, in my + opinion, an absolute necessity that expenditures for public buildings + should be limited to cases where the public needs are very evident and + very imperative. It is clear that this is not such a case. +</p> +<p class="r"> + BENJ. HARRISON. +</p> +<p> </p><p> </p> + + +<p class="r"> + EXECUTIVE MANSION, <i>June 17, 1890</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I return without my approval the bill (S. 1762) "to change the + boundaries of the Uncompahgre Reservation." +</p> +<p> + This bill proposes to separate from the Ute Indian Reservation in + Utah and restore to the public domain two ranges of townships along the + east side of the reservation and bordering the Colorado State line. + It is said that these lands are wholly worthless to the Indians for + cultivation or for grazing purposes, and it must follow, I think, that + they are equally worthless for such purposes to white men. +</p> +<p> + The object, then, of this legislation is to be sought not in any + public demand for these lands for the use of settlers—for if they + are susceptible of that use the Indians have a clear equity to take + allotments upon them—but in that part of the bill which confirms the + mineral entries, or entries for mineral uses, which have been unlawfully + made "or attempted to be made on said lands." It is evidently a private + and not a public end that is to be promoted. It does not follow, of + course, that this private end may not be wholly meritorious and the + relief sought on behalf of these persons altogether just and proper. + The facts, as I am advised, are that upon these lands there are veins + or beds of asphaltum or gilsonite supposed to be of very great value. +</p> +<p> + Entries have been made in that vicinity, but upon public lands, which + lands have been resold for very large amounts. It is not important, + perhaps, that the United States should in parting with these lands + realize their value, but it is essential, I think, that favoritism + should have no part in connection with the sales. The bill confirms all + attempted entries of these mineral lands at the price of $20 per acre + (a price that is suggestive of something unusual) without requiring + evidence of the expenditure of any money upon the claim, or even proof + that the claimant was the discoverer of the deposits. +</p> +<p> + The bill requires "good faith," but it will be next to impossible for + the officers of the Interior Department to show actual knowledge on the + part of the claimant of the lines of the reservation. The case will + practically be as to this matter in the hands of the claimant. But why + should good faith at the moment of attempting the entry, without any + requirement of expenditure, and followed, it may be, within twenty-four + hours by actual notice that he was upon a reservation, give an advantage + in the sale of these lands that may represent a very large sum of money? +</p> +<p> + In the second place, I do not think it wise, without notice even to the + Indians, to segregate these lands from their reservation. It is true, I + think, that they hold these lands by an Executive order, with a contract + right to take allotments upon them, and that the lands in question are + not likely to be sought as an allotment by any Indian. But the Indians + have been placed on this reservation and its boundaries explained to + them, and to take these lands in this manner is calculated to excite + their distrust and fears, and possibly to create serious trouble. +</p> +<p class="r"> + BENJ. HARRISON. +</p> +<p> </p><p> </p> + + +<p class="r"> + EXECUTIVE MANSION, <i>June 20, 1890</i>. +</p> +<p> + <i>To the House of Representatives</i>: +</p> +<p> + I return without my approval the bill (H.R. 3934) "to authorize the + board of supervisors of Maricopa County, Ariz., to issue certain bonds + in aid of the construction of a certain railroad." +</p> +<p> + This bill proposes to confer authority upon the supervisors of the + county of Maricopa to issue county bonds at the rate of $4,000 per mile + in aid of a railroad to be constructed from Phoenix northwardly to the + county line, a distance estimated at 50 miles, but probably somewhat + longer. The bill seems to have passed the House of Representatives under + an entire misapprehension of its true scope and effect. In the brief + report submitted by the Committee on Territories it is said that "by the + terms of the bill the county receives <i>bonds</i> in payment of the money + proposed to be advanced," and in the course of the debate the Delegate + from Arizona mistakenly stated in response to a request for information + that the bill proposed a loan by the county, in exchange for which it + was to receive the bonds of the railroad company. In fact, the bill does + not provide for a loan to be secured by bonds, but for a subscription of + stock. How far this mistake may have affected the passage of the bill + can not of course be known. +</p> +<p> + The bill does not submit the question of granting this aid to a vote + of the people of the county, but confers direct authority upon the + supervisors to issue the bonds. It is said, however, that in April, + 1889, an election was held to obtain the views of the people upon the + question. It does not appear from any papers submitted to me who were + the managers of this so-called election; what notice, if any, was given; + what qualifications on the part of voters were insisted upon, if any, or + in what form the question was presented. There was no law providing for + such an election. Being wholly voluntary, the election was, of course, + under the management of those who favored the subsidy, and was conducted + without any legal restraints as to the voting or certification. I have + asked for a statement of the vote by precincts, and have been given what + purports to be the vote at twelve points. The total affirmative vote + given was 1,975 and the negative 134. But of the affirmative vote 1,543 + were given at Phoenix and 188 at Tempe, a town very near to Phoenix. If + there were no other objections to this bill, I should deem this alone + sufficient, that no provision is made for submitting to a vote of the + people at an election, after due notice and under the sanction of law, + the question whether this subscription shall be made. +</p> +<p> + But again, the bill proposes to suspend for this case two provisions + of the act of Congress of July 30, 1886—first, that provision which + forbids municipal corporations from subscribing to the stock of other + corporations or loaning their credit to such corporations, and, second, + that provision which forbids any municipal corporation from creating a + debt in excess of 4 per cent of its taxable property as fixed by the + last assessment. The condition of things then existing in Arizona had + not a little to do with the enactment by Congress of this law, intended + to give to the people of the Territories that protection against + oppressive municipal debts which was secured to the people of most of + the States by constitutional limitations. The wisdom of this legislation + is not contested by the friends of this bill, but they claim that the + circumstances here are so peculiar as to justify this exception. I do + not think so. In the States the limitation upon municipal indebtedness + is usually placed in the constitution, in order that it may be + inflexible. If a showing of need, gain, or advantage is to overcome the + barrier, then it is scarcely worth while to declare a limitation. Only + a belief that the limit is inflexible will promote care and economy in + administration. If this bill becomes a law, how can Congress refuse to + any county in any of the Territories the right to subscribe to the stock + of a railroad company, especially where the subscription would not + exceed the debt limit, upon a showing of the advantages of better and + cheaper communications? +</p> +<p> + Maricopa County is one of great extent. Its northern boundary is 95 + miles long, its southern boundary 66, its eastern 45, and its western + 102. This great area is to be taxed to construct a road which can, in + the nature of things, be of advantage to but a fraction of it. There is + no unity of interest or equality of advantage. It may very well be that + a section of these lands along the line of the road, and especially + town lots in Phoenix, would have an added value much greater than the + increased burden imposed, but it is equally clear that much property + in the county will receive no appreciable benefit. +</p> +<p> + The existing bonded indebtedness of Maricopa County is $272,000; the tax + assessment of the county is about $5,000,000, and the population is + estimated, by multiplying the vote cast in 1888 by 6, at about 12,000. + It will be seen that the bonded debt, to say nothing of a floating debt, + which is said to be small, is already largely in excess of the legal + limit, and it is proposed to increase it by a subscription that will + certainly involve $200,000, and possibly $250,000. If the bill becomes a + law, the bonded indebtedness will very closely approximate 10 per cent + of the assessed valuation of the property of the county. +</p> +<p> + The condition of things in the county of Yavapai, lying immediately + north of Maricopa, and through which this road is also to run, though + not directly affected by this legislation, is very instructive in this + connection. +</p> +<p> + By an act of the legislature of Arizona passed the year before the act + of Congress to which I have referred Yavapai County was authorized to + subscribe $4,000 per mile to this line of road. The total length of the + road in the county was 147 miles, and 74 miles, to Prescott, have been + constructed. The secretary of the Territory, in response to an inquiry, + states the debt of Yavapai County at $563,000 and the assessment for + taxation at "between six and seven millions." There are 73 miles of road + yet to be built from the present terminus, Prescott, to the south line + of the county, for which Yavapai County must make a further issue of + bonds of $292,000, making a total county debt of $855,000, or above 13 + per cent upon the taxable assessment (taking that at $6,500,000), and + a per capita county debt of nearly $85, taking the population at about + 10,600, as stated in the report of the Senate committee. Surely no one + will insist that the true and permanent prosperity of these communities + will be promoted by loading their energies and their industries with + these great debts. I feel the force of the suggestion that the freight + charges now imposed upon the farm and orchard products of Maricopa + County by the railroads now in operation are oppressive. But this bill + does not afford much relief even in that direction. There would be but + one competing point, viz, Phoenix. At all other points on the proposed + road the people would be subject to the exaction of just such rates as + are demanded by the other lines. If this bill contained some effective + provision to secure reasonable freight rates to the people who are to be + taxed to build the road, it would go far to secure my favorable + consideration for it. +</p> +<p> + I have carefully examined the reports of the committees and every + argument that has been submitted to me by the friends of the bill, but + I can not bring myself to believe that the permanent welfare of the + communities affected by it will be promoted by its passage. +</p> +<p class="r"> + BENJ. HARRISON. +</p> +<p> </p><p> </p> + + +<p class="r"> + EXECUTIVE MANSION, <i>July 9, 1890</i>. +</p> +<p> + <i>To the House of Representatives</i>: +</p> +<p> + I return herewith without my approval the bill (H.R. 5974) entitled "An + act extending the time of payment to purchasers of land of the Omaha + tribe of Indians in Nebraska, and for other purposes." +</p> +<p> + The United States holds the legal title of these lands, which have been + sold for the benefit of the Omaha Indians to secure the unpaid purchase + money, the time of payment of which it is proposed by this act to + extend. There is no objection that I know of, either on the part of + the United States or of the Indians, to the extension of the unpaid + installments due from purchasers. This relief is probably due to the + purchasers. The bill, however, contains the following provision: +</p> +<p class="q"> + That all the lands the payment for which is hereby extended shall be + subject to taxation in all respects by and in the State of Nebraska + as if fully paid for and patents issued. +</p> +<p> + Now, while it is entirely proper that the interest of the purchasers in + these lands should share the burdens of the communities in which the + lands are located, the title of the United States and the beneficial + interest of the Indians in the lands should not be subjected to sale for + the delinquency of the purchasers in paying tax assessments levied upon + the lands. The effect of the provision which has been quoted would, in + my opinion, give to the purchaser at a tax sale a title superior to + the lien of the Government for purchase money. The bill should have + contained a proviso that only the interest of the purchasers from the + Government could be sold for taxes, and that the tax sale should be + subject to the lien of the United States for unpaid purchase money. +</p> +<p class="r"> + BENJ. HARRISON. +</p> +<p> </p><p> </p> + + +<p class="r"> + EXECUTIVE MANSION, <i>September 30, 1890</i>. +</p> +<p> + <i>To the House of Representatives</i>: +</p> +<p> + I return herewith without my approval the joint resolution (H. Res. + No. 39) declaring the retirement of Captain Charles B. Stivers, of the + United States Army, legal and valid, and that he is entitled as such + officer to his pay. +</p> +<p> + Captain Stivers was dismissed the service summarily by order of the + President on July 15, 1863. A subsequent examination into the causes + leading to this action seems to have satisfied the President that an + injustice had been done to the officer, and on the 11th day of August, + 1863, an order was issued revoking the order of dismissal and restoring + Captain Stivers to duty as an officer of the Army. On December 30, 1864, + by a proper order from the War Department, after examination, Captain + Stivers was placed upon the retired list of the Army. +</p> +<p> + The Supreme Court has decided in the case of The United States <i>vs</i>. + Corson (114 U.S. Reports, 619): +</p> +<p> + First. That at the time of the issuance of the order of dismissal the + President had authority under the law to summarily dismiss an officer, + and that the effect of such an order was absolutely to separate the + officer from the service. +</p> +<p> + Second. That having been thus separated from the service he could not be + restored except by nomination to the Senate and its advice and consent + to the appointment. +</p> +<p> + Mr. Garland, as Attorney-General, gave an opinion to the Secretary of + War in the case of Captain Stivers, based upon the decision of the + Supreme Court to which I have referred, holding that Captain Stivers + was not an officer on the retired list of the Army. The present + Attorney-General, with whom I have conferred, takes the same view + of the law. Indeed, the decision of the Supreme Court to which I have + referred is so exactly in point that there can be no doubt as to the law + of the case. It is undoubtedly competent for Congress by act or joint + resolution to authorize the President, by and with the advice of the + Senate, to appoint Captain Stivers to be a captain in the Army of the + United States and to place him upon the retired list. It is also + perfectly competent by suitable legislation for Congress to give to this + officer the pay of his grade during the interval of time when he was + improperly carried upon the army lists. But the joint resolution which + I herewith return does not attempt to deal with the case in that way. + It undertakes to declare that the retirement of Captain Stivers was + legal and valid and that he always has been and is entitled to his pay + as such officer. I do not think this is a competent method of giving the + relief intended. The retirement under the law as it then existed was not + legal and valid, as the highest judicial tribunal under the Constitution + has declared, for the reason that Captain Stivers was not then an + officer on the active list. That being so, it follows, of course, that + he was not entitled to draw the pay of an office he did not hold. +</p> +<p> + The relief should have taken the form usual in such cases, which is to + authorize the appointment of the officer to a place made for him on the + retired list. +</p> +<p class="r"> + BENJ. HARRISON. +</p> +<p> </p><p> </p> + + +<p class="r"> + EXECUTIVE MANSION, <i>October 1, 1890</i>. +</p> +<p> + <i>To the Senate</i>: +</p> +<p> + I return to the Senate without my approval the bill (S. 473) "for the + relief of the Portland Company, of Portland, Me." +</p> +<p> + This bill confers upon the Court of Claims jurisdiction to inquire into + and determine how much certain steam machinery built for the United + States under contract, and to be used in the vessels <i>Agawam</i> and + <i>Pontoosuc</i>, cost the contractors over and above the contract price and + any allowances for extra work which have been made, and requires the + court to enter judgment in favor of the claimant for the excess of cost + above such contract price and allowances. +</p> +<p> + The bill differs from others which have been presented to me, and one of + which I have approved, in that it does not make the further allowance to + the contractors contingent upon the fact that the additional expense was + the result of the acts of the Government through its officers' causing + delays and increased cost in the construction of the work. +</p> +<p> + The bill in effect directs the court to ignore the contract entirely, + except as payments under it are to be treated as credits, and to allow + the contractors the cost of the work, and that without reference to + their own negligence or want of skill in executing the work. There would + seem to be no object in the Government's making a contract for work if + the contract is only to be binding upon the parties in the event that + the contractor realizes a profit. +</p> +<p> + I can not give my approval to the proposition applied here, which if + allowed here should be given general application, that every contractor + with the Government who during the early days of the war failed to + realize, by reason of increase in the cost of labor and materials, a + profit upon the contract shall now have access to the Court of Claims + to recover upon the <i>quantum meruit</i> the cost of the work. +</p> +<p class="r"> + BENJ. HARRISON. +</p> +<p> </p><p> </p> + + +<p class="r"> + EXECUTIVE MANSION, <i>October 1, 1890</i>. +</p> +<p> + <i>To the Senate</i>: +</p> +<p> + I return without my approval Senate bill No. 1857, "for the relief of + Charles P. Chouteau, survivor of Chouteau, Harrison & Valle." +</p> +<p> + This claim has been once presented to the Court of Claims and fully + heard. This bill authorizes a rehearing. I find upon examination that + every fact connected with the case necessary to the determination of the + question whether the claim should be appropriated for has already been + found and stated by the Court of Claims in a published opinion. Judgment + was given against the claimant upon the ground that a settlement had + been made and a receipt given in full. If in the opinion of Congress + this receipt, given under the circumstances which accompanied it, should + not be held a bar to such further appropriation as is equitable, all the + facts have been found that can be necessary to determine the question + what further payment should be made to the contractors. There can be no + reason, as it seems to me, for a retrial of the case in the Court of + Claims in the absence of any showing of newly discovered evidence. The + result would only differ from the result already obtained in that under + the bill which I return the court would enter a judgment instead of a + finding, and the judgment could only be paid after Congressional action. +</p> +<p> + The finding which has already been made, as I have said, is a complete + basis for any such action as Congress may think should be taken in the + premises. +</p> +<p class="r"> + BENJ. HARRISON. +</p> +<p> </p><p> </p> + + +<p class="r"> + EXECUTIVE MANSION, <i>October 7, 1890</i>. +</p> +<p> + <i>To the Senate</i>: +</p> +<p> + I return without my approval the bill (S. 3830) "to prohibit bookmaking + of any kind and pool selling in the District of Columbia for the purpose + of gaming." +</p> +<p> + My objection to the bill is that it does not prohibit bookmaking and + pool selling, but, on the contrary, expressly saves from the operation + of its prohibitions and penalties the Washington Jockey Club "and any + other regular organizations owning race tracks no less than 1 mile in + length," etc. +</p> +<p> + If this form of gambling is to be prohibited, as I think it should be, + the penalties should include all persons and all places. +</p> +<p class="r"> + BENJ. HARRISON. +</p> + +<div style="height: 4em;"><br><br><br><br></div> + +<h2> + PROCLAMATIONS. +</h2> +<h3> + BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. +</h3> +<h4> + A PROCLAMATION. +</h4> +<p> + Whereas it is provided in the act of Congress approved March 2, 1889, + entitled "An act to divide a portion of the reservation of the Sioux + Nation of Indians in Dakota into separate reservations and to secure + the relinquishment of the Indian title to the remainder, and for other + purposes"— +</p> +<p class="q"> + That this act shall take effect only upon the acceptance thereof and + consent thereto by the different bands of the Sioux Nation of Indians, + in manner and form prescribed by the twelfth article of the treaty + between the United States and said Sioux Indians concluded April 29, + 1868, which said acceptance and consent shall be made known by + proclamation by the President of the United States, upon satisfactory + proof presented to him that the same has been obtained in the manner and + form required by said twelfth article of said treaty, which proof shall + be presented to him within one year from the passage of this act; and + upon failure of such proof and proclamation this act becomes of no + effect and null and void. +</p> +<p> + And whereas satisfactory proof has been presented to me that the + acceptance of and consent to the provisions of the said act by the + different bands of the Sioux Nation of Indians have been obtained in + manner and form as therein required: +</p> +<p> + Now, therefore, I, Benjamin Harrison, President of the United States, by + virtue of the power in me vested, do hereby make known and proclaim the + acceptance of said act by the different bands of the Sioux Nation of + Indians and the consent thereto by them as required by the act, and said + act is hereby declared to be in full force and effect, subject to all + the provisions, conditions, limitations, and restrictions therein + contained. +</p> +<p> + All persons will take notice of the provisions of said act and of the + conditions, limitations, and restrictions therein contained, and be + governed accordingly. +</p> +<p> + I furthermore notify all persons to particularly observe that by said + act certain tracts or portions of the Great Reservation of the Sioux + Nation in the Territory of Dakota, as described by metes and bounds, + are set apart as separate and permanent reservations for the Indians + receiving rations and annuities at the respective agencies therein + named. +</p> +<p> + That any Indian receiving and entitled to rations and annuities at + either of the agencies mentioned in this act at the time the same shall + take effect, but residing upon any portion of said Great Reservation not + included in either of the separate reservations herein established, may + at his option, within one year from the time when this act shall take + effect, and within one year after he has been notified of his said right + of option, in such manner as the Secretary of the Interior shall direct, + by recording his election with the proper agent at the agency to which + he belongs, have the allotment to which he would be otherwise entitled + on one of said separate reservations upon the land where such Indian may + then reside. +</p> +<p> + That each member or the Ponca tribe of Indians now occupying a part of + the old Ponca Reservation, within the limits of the said Great Sioux + Reservation, shall be entitled to allotments upon said old Ponca + Reservation in quantities as therein set forth, and that when allotments + to the Ponca tribe of Indians and to such other Indians as allotments + are provided for by this act shall have been made upon that portion of + said reservation which is described in the act entitled "An act to + extend the northern boundary of the State of Nebraska," approved March + 28, 1882, the President shall, in pursuance of said act, declare that + the Indian title is extinguished to all lands described in said act not + so allotted hereunder, and thereupon all of said land not so allotted + and included in said act of March 28, 1882, shall be open to settlement + as provided in this act. +</p> +<p> + That protection is guaranteed to such Indians as may have taken + allotments either within or without the said separate reservations under + the provisions of the treaty with the Great Sioux Nation concluded April + 29, 1868; and that provision is made in said act for the release of all + title on the part of said Indians receiving rations and annuities on + each separate reservation to the lands described in each of the other + separate reservations, and to confirm in the Indians entitled to receive + rations at each of said separate reservations, respectively, to their + separate and exclusive use and benefit, all the title and interest of + every name and nature secured to the different bands of the Sioux Nation + by said treaty of April 29, 1868; and that said release shall not affect + the title of any individual Indian to his separate allotment of land + not included in any of said separate reservations, nor any agreement + heretofore made with the Chicago, Milwaukee and St. Paul Railroad + Company or the Dakota Central Railroad Company respecting certain lands + for right of way, station grounds, etc., regarding which certain prior + rights and privileges are reserved to and for the use of said railroad + companies, respectively, upon the terms and conditions set forth in said + act. +</p> +<p> + That it is therein provided that if any land in said Great Sioux + Reservation is occupied and used by any religious society at the date + of said act for the purpose of missionary or educational work among the + Indians, whether situate outside of or within the limits of any of the + separate reservations, the same, not exceeding 160 acres in any one + tract, shall be granted to said society for the purposes and upon the + terms and conditions therein named; and +</p> +<p> + Subject to all the conditions and limitations in said act contained, it + is therein provided that all the lands in the Great Sioux Reservation + outside of the separate reservations described in said act, except + American Island, Farm Island, and Niobrara Island, regarding which + islands special provisions are therein made, and sections 16 and 36 in + each township thereof (which are reserved for school purposes), shall + be disposed of by the United States, upon the terms, at the price, and + in the manner therein set forth, to actual settlers only, under the + provisions of the homestead law (except section 2301 thereof) and under + the law relating to town sites. +</p> +<p> + That section 23 of said act provides— +</p> +<p class="q"> + That all persons who, between the 27th day of February, 1885, and the + 17th day of April, 1885, in good faith entered upon or made settlements + with intent to enter the same under the homestead or preemption laws of + the United States upon any part of the Great Sioux Reservation lying + east of the Missouri River, and known as the Crow Creek and Winnebago + Reservation, which by the President's proclamation of date February 27, + 1885, was declared to be open to settlement, and not included in the + new reservation established by section 6 of this act, and who, being + otherwise legally entitled to make such entries, located or attempted + to locate thereon homestead, preemption, or town-site claims by actual + settlement and improvement of any portion of such lands, shall for a + period of ninety days after the proclamation of the President required + to be made by this act have a right to reenter upon said claims and + procure title thereto under the homestead or preemption laws of the + United States and complete the same as required therein, and their said + claims shall for such time have a preference over later entries; and + when they shall have in other respects shown themselves entitled and + shall have complied with the law regulating such entries, and, as to + homesteads, with the special provisions of this act, they shall be + entitled to have said lands, and patents therefor shall be issued as in + like cases: <i>Provided</i>, That preemption claimants shall reside on their + lands the same length of time before procuring title as homestead + claimants under this act. The price to be paid for town-site entries + shall be such as is required by law in other cases, and shall be paid + into the general fund provided for by this act. +</p> +<p> + It is furthermore hereby made known that there has been and is hereby + reserved from entry or settlement that tract of land now occupied by the + agency and school buildings at the Lower Brulé Agency, to wit: +</p> +<p> + The west half of the southwest quarter of section 24, the east half of + the southeast quarter of section 23, the west half of the northwest + quarter of section 25, the east half of the northeast quarter of section + 26, and the northwest fractional quarter of the southeast quarter of + section 26, all in township 104 north of range 72 west of the fifth + principal meridian. +</p> +<p> + That there is also reserved as aforesaid the following-described tract + within which the Cheyenne River Agency, school, and certain other + buildings are located, to wit: Commencing at a point in the center of + the main channel of the Missouri River opposite Deep Creek, about 3 + miles south of Cheyenne River; thence due west 5-1/2 miles; thence due + north to the Cheyenne River; thence down said river to the center of the + main channel thereof to a point in the center of the Missouri River due + east or opposite the mouth of said Cheyenne River; thence down the + center of the main channel of the Missouri River to the place of + beginning. +</p> +<p> + That in pursuance of the provisions contained in section 1 of said act + the tract of land situate in the State of Nebraska and described in + said act as follows, to wit: "Beginning at a point on the boundary + line between the State of Nebraska and the Territory of Dakota where + the range line between ranges 44 and 45 west of the sixth principal + meridian, in the Territory of Dakota, intersects said boundary line; + thence east along said boundary line 5 miles; thence due south 5 miles; + thence due west 10 miles; thence due north to said boundary line; thence + due east along said boundary line to the place of beginning," same is + continued in a state of reservation so long as it may be needed for the + use and protection of the Indians receiving rations and annuities at the + Pine Ridge Agency. +</p> +<p> + Warning is hereby also expressly given to all persons not to enter or + make settlement upon any of the tracts of land specially reserved by the + terms of said act or by this proclamation, or any portion of any tracts + of land to which any individual member of either of the bands of the + Great Sioux Nation or the Ponca tribe of Indians shall have a preference + right under the provisions of said act; and further, to in no wise + interfere with the occupancy of any of said tracts by any of said + Indians, or in any manner to disturb, molest, or prevent the peaceful + possession of said tracts by them. +</p> +<p> + The surveys required to be made of the lands to be restored to the + public domain under the provisions of the said act and as in this + proclamation set forth will be commenced and executed as early as + possible. +</p> +<p> + In witness whereof I have hereunto set my hand and caused the seal of + the United States to be affixed. +</p> +<p> + [SEAL.] +</p> +<p> + Done at the city of Washington, this 10th day of February, A.D. 1890, + and of the Independence of the United States the one hundred and + fourteenth. +</p> +<p class="r"> + BENJ. HARRISON. +</p> +<p><br> +By the President:<br> + JAMES G. BLAINE,<br> + <i>Secretary of State</i>. +</p> +<p> </p><p> </p> + +<h3> + BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. +</h3> +<h4> + A PROCLAMATION. +</h4> +<p> + Whereas that portion of the Indian Territory commonly known as the + Cherokee Strip or Outlet has been for some years in the occupancy of an + association or associations of white persons under certain contracts + said to have been made with the Cherokee Nation, in the nature of a + lease or leases for grazing purposes; and +</p> +<p> + Whereas an opinion has been given to me by the Attorney-General, + concurring with the opinion given to my predecessor by the late + Attorney-General, that whatever the right or title of said Cherokee + Nation or of the United States to or in said lands may be, no right + exists in said Cherokee Nation under the statutes of the United States + to make such leases or grazing contracts, and that such contracts are + wholly illegal and void; and +</p> +<p> + Whereas the continued use of said lands thereunder for grazing purposes + is prejudicial to the public interests: +</p> +<p> + Now, therefore, I, Benjamin Harrison, President of the United States, do + hereby proclaim and give notice— +</p> +<p> + First. That no cattle or live stock shall hereafter be brought upon said + lands for herding or grazing thereon. +</p> +<p> + Second. That all cattle and other live stock now on said outlet must be + removed therefrom not later than October 1, 1890, and so much sooner as + said lands or any of them may be or become lawfully open to settlement + by citizens of the United States; and that all persons connected with + said cattle companies or associations must, not later than the time + above indicated, depart from said lands. +</p> +<p> + In witness whereof I have hereunto set my hand and caused the seal of + the United States to be affixed. +</p> +<p> + [SEAL.] +</p> +<p> + Done at the city of Washington, this 17th day of February, A.D. 1890, + and of the Independence of the United States of America the one hundred + and fourteenth. +</p> +<p class="r"> + BENJ. HARRISON. +</p> +<p><br> +By the President:<br> + JAMES G. BLAINE,<br> + <i>Secretary of State</i>. +</p> +<p> </p><p> </p> + +<h3> + BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. +</h3> +<h4> + A PROCLAMATION. +</h4> +<p> + The following provisions of the laws of the United States are hereby + published for the information of all concerned: +</p> +<p> + Section 1956, Revised Statutes, chapter 3, Title XXIII, enacts that— +</p> +<p class="q"> + No person shall kill any otter, mink, marten, sable, or fur seal, or + other fur-bearing animal within the limits of Alaska Territory or in + the waters thereof; and every person guilty thereof shall for each + offense be fined not less than $200 nor more than $1,000, or imprisoned + not more than six months, or both; and all vessels, their tackle, + apparel, furniture, and cargo, found engaged in violation of this + section shall be forfeited; but the Secretary of the Treasury shall + have power to authorize the killing of any such mink, marten, sable, or + other fur-bearing animal, except fur seals, under such regulations as + he may prescribe; and it shall be the duty of the Secretary to prevent + the killing of any fur seal and to provide for the execution of the + provisions of this section until it is otherwise provided by law, nor + shall he grant any special privileges under this section. +</p> +<hr> +<p> + Section 3 of the act entitled "An act to provide for the protection of + the salmon fisheries of Alaska," approved March 2, 1889, provides that— +</p> +<p class="q"> + SEC. 3. That section 1956 of the Revised Statutes of the United States + is hereby declared to include and apply to all the dominion of the + United States in the waters of Bering Sea, and it shall be the duty of + the President at a timely season in each year to issue his proclamation, + and cause the same to be published for one month in at least one + newspaper (if any such there be) published at each United States port of + entry on the Pacific coast, warning all persons against entering such + waters for the purpose of violating the provisions of said section, + and he shall also cause one or more vessels of the United States to + diligently cruise said waters and arrest all persons and seize all + vessels found to be or to have been engaged in any violation of the + laws of the United States therein. +</p> +<p> + Now, therefore, I, Benjamin Harrison, President of the United States, + pursuant to the above-recited statutes, hereby warn all persons against + entering the waters of Bering Sea within the dominion of the United + States for the purpose of violating the provisions of said section 1956, + Revised Statutes; and I hereby proclaim that all persons found to be or + have been engaged in any violation of the laws of the United States in + said waters will be arrested and punished as above provided, and that + all vessels so employed, their tackle, apparel, furniture, and cargoes, + will be seized and forfeited. +</p> +<p> + In testimony whereof I have hereunto set my hand and caused the seal of + the United States to be affixed. +</p> +<p> + [SEAL.] +</p> +<p> + Done at the city of Washington, this 15th day of March, 1890, and of the + Independence of the United States the one hundred and fourteenth. +</p> +<p class="r"> + BENJ. HARRISON. +</p> +<p><br> +By the President:<br> + JAMES G. BLAINE,<br> + <i>Secretary of State</i>. +</p> +<p> </p><p> </p> + +<h3> + PROCLAMATION. +</h3> +<p class="r"> + SEPTEMBER 19, 1890. +</p> +<p> + <i>To whom it may concern</i>: +</p> +<p> + Whereas it has been represented to me that by reason of the drought + which has prevailed in the Indian Territory and in the adjoining States + the execution of my proclamation of February 17, 1890, requiring the + removal of all live stock from the Cherokee Outlet on or before October + 1 would work great hardship and loss, not only to the owners of stock + herded upon the strip, but to the owners of cattle in the adjoining + States; and +</p> +<p> + Whereas the owners of all cattle now herded upon the outlet have + submitted to me a proposition in writing whereby they agree to remove + one-half of their stock from the outlet on or before November 1 and + the residue thereof and all their property and employees on or before + December 1 next, and to abandon all claims in said outlet: +</p> +<p> + Now, therefore, I, Benjamin Harrison, President of the United States, do + give notice and proclaim that the time heretofore fixed for the removal + of the live stock herded upon said outlet is extended to November 1 as + to one-half thereof and to December 1 next as to the residue thereof and + as to all property and employees. +</p> +<p class="r"> + BENJ. HARRISON. +</p> +<p> </p><p> </p> + + +<h3> + BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. +</h3> +<h4> + A PROCLAMATION. +</h4> +<p> + Whereas it is provided in the act of Congress entitled "An act to extend + the northern boundary of the State of Nebraska," approved March 28, 1882— +</p> +<p class="q"> + That the northern boundary of the State of Nebraska shall be, and hereby + is, subject to the provisions hereinafter contained, extended so as to + include all that portion of the Territory of Dakota lying south of the + forty-third parallel of north latitude and east of the Keya Paha River + and west of the main channel of the Missouri River; and when the Indian + title to the lands thus described shall be extinguished the jurisdiction + over said lands shall be, and hereby is, ceded to the State of Nebraska, + and subject to all the conditions and limitations provided in the act of + Congress admitting Nebraska into the Union, and the northern boundary of + the State shall be extended to said forty-third parallel as fully and + effectually as if said lands had been included in the boundaries of said + State at the time of its admission to the Union; reserving to the United + States the original right of soil in said lands and of disposing of the + same: <i>Provided</i>, That this act, so far as jurisdiction is concerned, + shall not take effect until the President shall by proclamation declare + that the Indian title to said lands has been extinguished, nor shall + it take effect until the State of Nebraska shall have assented to the + provisions of this act; and if the State of Nebraska shall not by an + act of its legislature consent to the provisions of this act within two + years next after the passage hereof this act shall cease and be of no + effect. +</p> +<p> + And whereas by section 13 of the act entitled "An act to divide a + portion of the reservation of the Sioux Nation of Indians in Dakota into + separate reservations and to secure the relinquishment of the Indian + title to the remainder, and for other purposes," approved March 2, 1889, + it is provided— +</p> +<p class="q"> + That when the allotments to the Ponca tribe of Indians and to such + other Indians as allotments are provided for by this act shall have + been made upon that portion of said reservation which is described in + the act entitled "An act to extend the northern boundary of the State + of Nebraska," approved March 28, 1882, the President shall, in pursuance + of said act, declare that the Indian title is extinguished to all lands + described in said act not so allotted hereunder, and thereupon all of + said land not so allotted and included in said act of March 28, 1882, + shall be open to settlement as provided in this act: <i>Provided</i>, That + the allotments to Ponca and other Indians authorized by this act to be + made upon the land described in the said act entitled "An act to extend + the northern boundary of the State of Nebraska" shall be made within + six months from the time this act shall take effect. +</p> +<p> + And whereas the State of Nebraska, by an act of its legislature approved + May 23, 1882, entitled "An act declaring the assent of the State of + Nebraska to an act of Congress of the United States entitled 'An act to + extend the northern boundary of the State of Nebraska,' approved March + 28, 1882," assented to and accepted the provisions of said act of + Congress approved March 28, 1882; and +</p> +<p> + Whereas allotments have been made to the Ponca tribe of Indians under + and in accordance with the provisions of said section 13 of the act + of March 2, 1889, and no other Indians having selected or applied for + allotments upon that portion of the reservation of the Sioux Nation of + Indians described in the act of March 28, 1882, aforesaid, and the six + months' limit of time within which said allotments were authorized to + be made having expired on the 10th day of August, 1890: +</p> +<p> + Now, therefore, I, Benjamin Harrison, President of the United States, + by virtue of the power in me vested by the act (section 13) of March 2, + 1889, aforesaid, and in pursuance of the act of March 28, 1882, + aforesaid, do hereby declare that the Indian title is extinguished to + all lands described in said act of March 28, 1882, not allotted to + the Ponca tribe of Indians as aforesaid and shown upon a schedule, + in duplicate, of allotments made and certified jointly by George P. + Litchfield, United States special agent, and James E. Helms, United + States Indian agent, July 31, 1890, and approved by the Acting + Commissioner of Indian Affairs October 14, 1890, and by the Acting + Secretary of the Interior October 22, 1890, one copy of which schedule + of allotments is now on file in the office of the Commissioner of Indian + Affairs and the other in the office of the Commissioner of the General + Land Office, Department of the Interior. +</p> +<p> + Be it known, however, that there is hereby reserved from entry or + settlement that tract of land now occupied by the agency and school + buildings of the old Ponca Agency, to wit: The south half of the + southeast quarter of section 26 and the south half of the southwest + quarter of section 25, all in township 32 north, range 7 west of the + sixth principal meridian. +</p> +<p> + In witness whereof I have hereunto set my hand and caused the seal of + the United States to be affixed. +</p> +<p> + [SEAL.] +</p> +<p> + Done at the city of Washington, this 23d day of October, A.D. 1890, and + of the Independence of the United States the one hundred and fifteenth. +</p> +<p class="r"> + BENJ. HARRISON. +</p> +<p><br> +By the President:<br> + ALVEY A. ADEE,<br> + <i>Acting Secretary of State</i>. +</p> +<p> </p><p> </p> + +<h3> + BY THE PRESIDENT OF THE UNITED STATES. +</h3> +<h4> + A PROCLAMATION. +</h4> +<p> + By the grace and favor of Almighty God the people of this nation have + been led to the closing days of the passing year, which has been full + of the blessings of peace and the comforts of plenty. Bountiful + compensation has come to us for the work of our minds and of our hands + in every department of human industry. +</p> +<p> + Now, therefore, I, Benjamin Harrison, President of the United States of + America, do hereby appoint Thursday, the 27th day of the present month + of November, to be observed as a day of prayer and thanksgiving; and + I do invite the people upon that day to cease from their labors, to + meet in their accustomed houses of worship, and to join in rendering + gratitude and praise to our beneficent Creator for the rich blessings + He has granted to us as a nation and in invoking the continuance of His + protection and grace for the future. I commend to my fellow-citizens the + privilege of remembering the poor, the homeless, and the sorrowful. Let + us endeavor to merit the promised recompense of charity and the gracious + acceptance of our praise. +</p> +<p> + In testimony whereof I have hereunto set my hand and caused the seal of + the United States to be affixed. +</p> +<p> + [SEAL.] +</p> +<p> + Done at the city of Washington, this 8th day of November, A.D. 1890, and + of the Independence of the United States the one hundred and fifteenth. +</p> +<p class="r"> + BENJ. HARRISON. +</p> +<p><br> +By the President:<br> + JAMES G. BLAINE,<br> + <i>Secretary of State</i>. +</p> +<p> </p><p> </p> + +<h3> + BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. +</h3> +<h4> + A PROCLAMATION. +</h4> +<p> + Whereas an act of Congress in regard to collision at sea was approved + September 4, 1890, the said act being in the following words: +</p> +<p class="q"> + <i>Be it enacted by the Senate and House of Representatives of the United + States of America in Congress assembled</i>, That in every case of + collision between two vessels it shall be the duty of the master or + person in charge of each vessel, if and so far as he can do so without + serious danger to his own vessel, crew, and passengers (if any), to stay + by the other vessel until he has ascertained that she has no need of + further assistance, and to render to the other vessel, her master, crew, + and passengers (if any), such assistance as may be practicable and as + may be necessary in order to save them from any danger caused by the + collision, and also to give to the master or person in charge of the + other vessel the name of his own vessel and her port of registry, or the + port or place to which she belongs, and also the name of the ports and + places from which and to which she is bound. If he fails so to do, and + no reasonable cause for such failure is shown, the collision shall, in + the absence of proof to the contrary, be deemed to have been caused by + his wrongful act, neglect, or default. +</p><p class="q"> + SEC. 2. That every master or person in charge of a United States vessel + who fails, without reasonable cause, to render such assistance or give + such information as aforesaid shall be deemed guilty of a misdemeanor, + and shall be liable to a penalty of $1,000 or imprisonment for a term + not exceeding two years; and for the above sum the vessel shall be + liable and may be seized and proceeded against by process in any + district court of the United States by any person; one half such sum to + be payable to the informer and the other half to the United States. +</p><p class="q"> + SEC. 3. That this act shall take effect at a time to be fixed by the + President by proclamation issued for that purpose. +</p> +<p> + And whereas it is provided by section 3 of the said act that it shall + take effect at a time to be fixed by the President by proclamation + issued for that purpose: +</p> +<p> + Now, therefore, I, Benjamin Harrison, President of the United States of + America, do hereby, in virtue of the authority vested in me by section 3 + of the said act, proclaim the 15th day of December, 1890, as the day on + which the said act shall take effect. +</p> +<p> + In testimony whereof I have hereunto set my hand and caused the seal of + the United States of America to be affixed. +</p> +<p> + Done at the city of Washington, this 18th day of November, A.D. 1890, + and of the Independence of the United States the one hundred and + fifteenth. +</p> +<p> + [SEAL.] +</p> +<p class="r"> + BENJ. HARRISON. +</p> +<p><br> +By the President:<br> + JAMES G. BLAINE,<br> + <i>Secretary of State</i>. +</p> + + +<div style="height: 4em;"><br><br><br><br></div> + +<h2> + EXECUTIVE ORDERS. +</h2> +<center> + AMENDMENT OF CIVIL-SERVICE RULES. +</center> +<p> + Special Departmental Rule No. 1 is hereby amended so as to include among + the exceptions from examination in the Department of Agriculture the + following: +</p> +<p class="q"> + Scientific or professional experts to be employed in investigations + specially authorized by Congress, but not to include any persons + regularly employed in that Department nor any persons whose duties + are not scientific or professional, and who are not experts in the + particular line of scientific or professional inquiry in which they + are to be employed. +</p> +<p> + Approved, January 29, 1890. +</p> +<p class="r"> + BENJ. HARRISON. +</p> +<p> </p><p> </p> + + +<center> + AMENDMENTS OF CIVIL-SERVICE RULES. +</center> + +<p> + Section 1 of Postal Rule II is hereby amended by adding to the subjects + of the clerk examination the following: "Reading addresses and physical + tests;" and to the subjects of carrier examination the following: + "Reading addresses." +</p> +<p> + Approved, January 29, 1890. +</p> +<p class="r"> + BENJ. HARRISON. +</p> +<p> </p><p> </p> + + +<center> + AMENDMENT OF CIVIL-SERVICE RULES. +</center> +<p> + Special Customs Rule No. 1 is hereby amended by adding thereto the + following: +</p> +<p class="q"> + In the customs district of New York: Detectives employed exclusively + as such. +</p> +<p> + Approved, March 10, 1890. +</p> +<p class="r"> + BENJ. HARRISON. +</p> +<p> </p><p> </p> + + +<center> + AMENDMENT OF CIVIL-SERVICE RULES. +</center> +<p> + That part of Special Departmental Rule No. 1 relating to the Coast and + Geodetic Survey, as printed on page 66 of the Fifth Annual Report of the + Commission, is hereby amended by striking out in line 3, after the word + "to," the words "general office assistant," and inserting in lieu + thereof the words "assistant in charge of office and topography;" so + that as amended the clause will read: "confidential clerk to assistant + in charge of office and topography." +</p> +<p> + Approved, March 10, 1890. +</p> +<p class="r"> + BENJ. HARRISON. +</p> +<p> </p><p> </p> + + +<center> + AMENDMENTS OF CIVIL-SERVICE RULES. +</center> +<p class="r"> + MARCH 28, 1890. +</p> +<p> + Departmental Rule VII is hereby amended by adding thereto the following + section, to be numbered 7: +</p> +<p class="q"> + 7. In case of temporary absence, from sickness or other unavoidable + cause, of clerks, copyists, or employees of other grades for which + examinations are held, there may be certified in the manner provided + for in this rule, and employed under such regulations as the heads of + the several Departments shall prescribe, substitutes for such clerks, + copyists, or other employees so absent; and such substitutes so employed + in any Department shall be appointed in the order of their employment + as substitutes to the regular grades of that Department without further + certification as vacancies to which they are eligible may occur therein + while so employed as substitutes, every such appointment to be at once + reported to the Commission: <i>Provided</i>, That no person while employed + as a substitute in one Department shall be certified as a substitute to + any other Department, and that no person employed as a substitute shall + by reason of such employment be deprived of any right of certification + for a regular place to which he maybe entitled under the rules: <i>And + provided further</i>, That service rendered as a substitute shall not be + ground for reinstatement under Departmental Rule X. The time during + which any substitute who shall be appointed to a regular place is + actually employed as such shall be counted as a part of his period of + probation. No substitute shall be employed in any Department otherwise + than as herein provided. +</p> +<p> + Special Departmental Rule No. 2 is hereby revoked. +</p> +<p class="r"> + BENJ. HARRISON. +</p> +<p> </p><p> </p> + + +<center> + [From McPherson's Hand Book of Politics for 1890.] +</center> +<p class="r"> + EXECUTIVE MANSION, <i>April 24, 1890</i>. +</p> +<p> + <i>To the Attorney-General</i>: +</p> +<p> + I have had frequent occasion during the last six months to confer + with you in reference to the obstructions offered in the counties of + Leon, Gadsden, Madison, and Jefferson, in the State of Florida, to + the execution of the process of the courts of the United States. It is + not necessary to say more of the situation than that the officers of + the United States are not suffered freely to exercise their lawful + functions. This condition of things can not be longer tolerated. You + will therefore instruct United States Marshal Weeks as soon as he has + qualified to proceed at once to execute such writs of arrest as may be + placed in his hands. If he apprehends resistance, he will employ such + civil posse as may seem adequate to discourage resistance or to overcome + it. He should proceed with calmness and moderation, which should always + attend a public officer in the execution of his duty, and at the same + time with a firmness and courage that will impress the lawless with + a wholesome sense of the dangers and futility of resistance. You will + assure the officers of the law and those who have foolishly and wickedly + thought to set the law at defiance that every resource lodged with the + Executive by the Constitution and the laws will as the necessity arises + be employed to make it safe and feasible to hold a Federal commission + and to execute the duties it imposes. +</p> +<p> + Very respectfully, +</p> +<p class="r"> + BENJ. HARRISON. +</p> +<p> </p><p> </p> + + +<h3> + BY THE PRESIDENT OF THE UNITED STATES. +</h3> +<h4> + EXECUTIVE ORDER. +</h4> +<p class="r"> + EXECUTIVE MANSION, <i>May 27, 1890</i>. +</p> +<p> + <i>It is hereby ordered</i>, That the several Executive Departments and the + Government Printing Office be closed on Friday, the 30th instant, to + enable the employees to participate in the decoration of the graves of + the soldiers and sailors who fell in defense of the Union during the + War of the Rebellion. +</p> +<p class="r"> + BENJ. HARRISON. +</p> +<p> </p><p> </p> + + +<center> + AMENDMENT OF CIVIL-SERVICE RULES. +</center> +<p class="r"> +UNITED STATES CIVIL SERVICE COMMISSION,<br> + <i>Washington, D.C., May 31, 1890</i>. +</p> +<p> + The PRESIDENT. +</p> +<p> + SIR: This Commission has the honor to recommend that Special + Departmental Rule No. 1 be amended by adding to the exceptions from + examination therein declared the following: +</p> +<p class="q"> + "In the Department of the Treasury, in the life-saving service: + Topographer and hydrographer." +</p> +<p> + We have the honor to be, your obedient servants, +</p> +<p class="r"> +CHAS. LYMAN,<br> + THEODORE ROOSEVELT,<br> + HUGH S. THOMPSON,<br> + <i>United States Civil Service Commissioners</i>. +</p> +<p> + Approved, June 3, 1890. +</p> +<p class="r"> + BENJ. HARRISON. +</p> +<p> </p><p> </p> + + +<p class="r"> + EXECUTIVE MANSION, <i>Washington, July 14, 1890</i>.<a href="#note-10"><small>10</small></a> +</p> +<p> + The death of John C. Frémont, a major-general on the retired list of + the Army of the United States, is an event calling for some appropriate + expression of the national sorrow and of a grateful appreciation of his + public services. His career was full of adventurous and useful discovery + and of devoted and conspicuous service both in civil and military + affairs. He opened the passes of the Rocky Mountains and gave value to + his discoveries by aiding to create an American State on the Pacific + Coast. +</p> +<p> + <i>It is therefore ordered</i>, That the national flag be displayed at + half-mast upon all the buildings of the Executive Departments in this + city until after the funeral shall have taken place. +</p> +<p> + By direction of the President: +</p> +<p class="r"> +E.W. HALFORD,<br> + <i>Private Secretary</i>. +</p> +<p> </p><p> </p> + + +<center> + AMENDMENTS OF CIVIL-SERVICE RULES. +</center> +<p> + Departmental Rule VIII, section 1, clause (<i>b</i>), is hereby amended + by inserting after the word "transacted" the following: "and from + the office of the Solicitor of the Treasury;" and after the word + "Department" where it last occurs the following: "or to said office;" + so that as amended the clause will read: +</p> +<p class="q"> + (<i>b</i>) From a bureau of the Treasury Department in which business + relating to the customs is transacted and from the office of the + Solicitor of the Treasury to a classified customs district, and from + such a district to such a bureau of the Treasury Department or to said + office, upon requisition by the Secretary of the Treasury. +</p> +<p> + Approved, July 23, 1890. +</p> +<p class="r"> + BENJ. HARRISON. +</p> +<p> </p><p> </p> + + +<center> + AMENDMENT OF CIVIL-SERVICE RULES. +</center> +<p class="r"> + JULY 30, 1890. +</p> +<p> + Special Departmental Rule No. 1 is hereby amended by adding to the + places excepted from examination in the Department of Agriculture the + following: +</p> +<p class="q"> + Wood engravers. +</p> +<p class="r"> + BENJ. HARRISON. +</p> +<p> </p><p> </p> + + +<center> + AMENDMENT OF CIVIL-SERVICE RULES. +</center> +<p class="r"> + SEPTEMBER 2, 1890. +</p> +<p> + Special Departmental Rule No. 1 is hereby amended by adding to the + places excepted from examination therein the following: +</p> +<p class="q"> + In the Post-Office Department, office of the Postmaster-General: + Stenographer as confidential clerk to the chief post-office + inspector. +</p> +<p class="r"> + BENJ. HARRISON. +</p> +<p> </p><p> </p> + + +<center> + AMENDMENT OF CIVIL-SERVICE RULES. +</center> +<p class="r"> + OCTOBER 31, 1890. +</p> +<p> + Section 7 of Railway Mail Rule IV is hereby amended by inserting in line + 7, after the word "days," the following: "or until the emergency ceases." +</p> +<p class="r"> + BENJ. HARRISON. +</p> + +<div style="height: 4em;"><br><br><br><br></div> + +<h2> + SECOND ANNUAL MESSAGE. +</h2> +<p class="r"> + EXECUTIVE MANSION, <i>December 7, 1890</i>. +</p> +<p> + <i>To the Senate and House of Representatives</i>: +</p> +<p> + The reports of the several Executive Departments, which will be laid + before Congress in the usual course, will exhibit in detail the + operations of the Government for the last fiscal year. Only the more + important incidents and results, and chiefly such as may be the + foundation of the recommendations I shall submit, will be referred to + in this annual message. +</p> +<p> + The vast and increasing business of the Government has been transacted + by the several Departments during the year with faithfulness, energy, + and success. +</p> +<p> + The revenues, amounting to above $450,000,000, have been collected and + disbursed without revealing, so far as I can ascertain, a single case + of defalcation or embezzlement. An earnest effort has been made to + stimulate a sense of responsibility and public duty in all officers and + employees of every grade, and the work done by them has almost wholly + escaped unfavorable criticism. I speak of these matters with freedom + because the credit of this good work is not mine, but is shared by + the heads of the several Departments with the great body of faithful + officers and employees who serve under them. The closest scrutiny of + Congress is invited to all the methods of administration and to every + item of expenditure. +</p> +<p> + The friendly relations of our country with the nations of Europe and of + the East have been undisturbed, while the ties of good will and common + interest that bind us to the States of the Western Hemisphere have been + notably strengthened by the conference held in this capital to consider + measures for the general welfare. Pursuant to the invitation authorized + by Congress, the representatives of every independent State of the + American continent and of Hayti met in conference in this capital in + October, 1889, and continued in session until the 19th of last April. + This important convocation marks a most interesting and influential + epoch in the history of the Western Hemisphere. It is noteworthy that + Brazil, invited while under an imperial form of government, shared + as a republic in the deliberations and results of the conference. The + recommendations of this conference were all transmitted to Congress + at the last session. +</p> +<p> + The International Marine Conference, which sat at Washington last + winter, reached a very gratifying result. The regulations suggested have + been brought to the attention of all the Governments represented, and + their general adoption is confidently expected. The legislation of + Congress at the last session is in conformity with the propositions of + the conference, and the proclamation therein provided for will be issued + when the other powers have given notice of their adhesion. +</p> +<p> + The Conference of Brussels, to devise means for suppressing the slave + trade in Africa, afforded an opportunity for a new expression of the + interest the American people feel in that great work. It soon became + evident that the measure proposed would tax the resources of the Kongo + Basin beyond the revenues available under the general act of Berlin of + 1884. The United States, not being a party to that act, could not share + in its revision, but by a separate act the Independent State of the + Kongo was freed from the restrictions upon a customs revenue. The + demoralizing and destructive traffic in ardent spirits among the tribes + also claimed the earnest attention of the conference, and the delegates + of the United States were foremost in advocating measures for its + repression. An accord was reached the influence of which will be very + helpful and extend over a wide region. As soon as these measures shall + receive the sanction of the Netherlands, for a time withheld, the + general acts will be submitted for ratification by the Senate. Meanwhile + negotiations have been opened for a new and completed treaty of + friendship, commerce, and navigation between the United States and the + Independent State of the Kongo. +</p> +<p> + Toward the end of the past year the only independent monarchical + government on the Western Continent, that of Brazil, ceased to exist, + and was succeeded by a republic. Diplomatic relations were at once + established with the new Government, but it was not completely + recognized until an opportunity had been afforded to ascertain that it + had popular approval and support. When the course of events had yielded + assurance of this fact, no time was lost in extending to the new + Government a full and cordial welcome into the family of American + Commonwealths. It is confidently believed that the good relations of the + two countries will be preserved and that the future will witness an + increased intimacy of intercourse and an expansion of their mutual + commerce. +</p> +<p> + The peace of Central America has again been disturbed through a + revolutionary change in Salvador, which was not recognized by other + States, and hostilities broke out between Salvador and Guatemala, + threatening to involve all Central America in conflict and to undo + the progress which had been made toward a union of their interests. + The efforts of this Government were promptly and zealously exerted + to compose their differences and through the active efforts of the + representative of the United States a provisional treaty of peace was + signed August 26, whereby the right of the Republic of Salvador to + choose its own rulers was recognized. General Ezeta, the chief of the + Provisional Government, has since been confirmed in the Presidency by + the Assembly, and diplomatic recognition duly followed. +</p> +<p> + The killing of General Barrundia on board the Pacific mail steamer + <i>Acapulco</i>, while anchored in transit in the port of San Jose de + Guatemala, demanded careful inquiry. Having failed in a revolutionary + attempt to invade Guatemala from Mexican territory, General Barrundia + took passage at Acapulco for Panama. The consent of the representatives + of the United States was sought to effect his seizure, first at + Champerico, where the steamer touched, and afterwards at San Jose. + The captain of the steamer refused to give up his passenger without a + written order from the United States minister. The latter furnished the + desired letter, stipulating as the condition of his action that General + Barrundia's life should be spared and that he should be tried only for + offenses growing out of his insurrectionary movements. This letter was + produced to the captain of the <i>Acapulco</i> by the military commander at + San Jose as his warrant to take the passenger from the steamer. General + Barrundia resisted capture and was killed. It being evident that the + minister, Mr. Mizner, had exceeded the bounds of his authority in + intervening, in compliance with the demands of the Guatemalan + authorities, to authorize and effect, in violation of precedent, the + seizure on a vessel of the United States of a passenger in transit + charged with political offenses, in order that he might be tried for + such offenses under what was described as martial law. I was constrained + to disavow Mr. Mizner's act and recall him from his post. +</p> +<p> + The Nicaragua Canal project, under the control of our citizens, is + making most encouraging progress, all the preliminary conditions and + initial operations having been accomplished within the prescribed time. +</p> +<p> + During the past year negotiations have been renewed for the settlement + of the claims of American citizens against the Government of Chile, + principally growing out of the late war with Peru. The reports from our + minister at Santiago warrant the expectation of an early and + satisfactory adjustment. +</p> +<p> + Our relations with China, which have for several years occupied so + important a place in our diplomatic history, have called for careful + consideration and have been the subject of much correspondence. +</p> +<p> + The communications of the Chinese minister have brought into view the + whole subject of our conventional relations with his country, and at the + same time this Government, through its legation at Peking, has sought + to arrange various matters and complaints touching the interests and + protection of our citizens in China. +</p> +<p> + In pursuance of the concurrent resolution of October 1, 1890, I have + proposed to the Governments of Mexico and Great Britain to consider a + conventional regulation of the passage of Chinese laborers across our + southern and northern frontiers. +</p> +<p> + On the 22d day of August last Sir Edmund Monson, the arbitrator selected + under the treaty of December 6, 1888, rendered an award to the effect + that no compensation was due from the Danish Government to the United + States on account of what is commonly known as the Carlos Butterfield + claim. +</p> +<p> + Our relations with the French Republic continue to be cordial. Our + representative at that court has very diligently urged the removal of + the restrictions imposed upon our meat products, and it is believed that + substantial progress has been made toward a just settlement. +</p> +<p> + The Samoan treaty, signed last year at Berlin by the representatives of + the United States, Germany, and Great Britain, after due ratification + and exchange, has begun to produce salutary effects. The formation of + the government agreed upon will soon replace the disorder of the past by + a stable administration alike just to the natives and equitable to the + three powers most concerned in trade and intercourse with the Samoan + Islands. The chief justice has been chosen by the King of Sweden and + Norway on the invitation of the three powers, and will soon be + installed. The land commission and the municipal council are in process + of organization. A rational and evenly distributed scheme of taxation, + both municipal and upon imports, is in operation. Malietoa is respected + as King. +</p> +<p> + The new treaty of extradition with Great Britain, after due + ratification, was proclaimed on the 25th of last March. Its beneficial + working is already apparent. +</p> +<p> + The difference between the two Governments touching the fur-seal + question in the Bering Sea is not yet adjusted, as will be seen by the + correspondence which will soon be laid before the Congress. The offer + to submit the question to arbitration, as proposed by Her Majesty's + Government, has not been accepted, for the reason that the form of + submission proposed is not thought to be calculated to assure a + conclusion satisfactory to either party. It is sincerely hoped that + before the opening of another sealing season some arrangement may be + effected which will assure to the United States a property right derived + from Russia, which was not disregarded by any nation for more than + eighty years preceding the outbreak of the existing trouble. +</p> +<p> + In the tariff act a wrong was done to the Kingdom of Hawaii which I am + bound to presume was wholly unintentional. Duties were levied on certain + commodities which are included in the reciprocity treaty now existing + between the United States and the Kingdom of Hawaii, without indicating + the necessary exception in favor of that Kingdom. I hope Congress will + repair what might otherwise seem to be a breach of faith on the part of + this Government. +</p> +<p> + An award in favor of the United States in the matter of the claim of + Mr. Van Bokkelen against Hayti was rendered on the 4th of December, + 1888, but owing to disorders then and afterwards prevailing in Hayti + the terms of payment were not observed. A new agreement as to the time + of payment has been approved and is now in force. Other just claims of + citizens of the United States for redress of wrongs suffered during the + late political conflict in Hayti will, it is hoped, speedily yield to + friendly treatment. +</p> +<p> + Propositions for the amendment of the treaty of extradition between the + United States and Italy are now under consideration. +</p> +<p> + You will be asked to provide the means of accepting the invitation of + the Italian Government to take part in an approaching conference to + consider the adoption of a universal prime meridian from which to reckon + longitude and time. As this proposal follows in the track of the reform + sought to be initiated by the Meridian Conference of Washington, held on + the invitation of this Government, the United States should manifest a + friendly interest in the Italian proposal. +</p> +<p> + In this connection I may refer with approval to the suggestion of my + predecessors that standing provision be made for accepting, whenever + deemed advisable, the frequent invitations of foreign governments to + share in conferences looking to the advancement of international reforms + in regard to science, sanitation, commercial laws and procedure, and + other matters affecting the intercourse and progress of modern + communities. +</p> +<p> + In the summer of 1889 an incident occurred which for some time + threatened to interrupt the cordiality of our relations with the + Government of Portugal. That Government seized the Delagoa Bay Railway, + which was constructed under a concession granted to an American citizen, + and at the same time annulled the charter. The concessionary, who had + embarked his fortune in the enterprise, having exhausted other means of + redress, was compelled to invoke the protection of his Government. Our + representations, made coincidently with those of the British Government, + whose subjects were also largely interested, happily resulted in the + recognition by Portugal of the propriety of submitting the claim for + indemnity growing out of its action to arbitration. This plan of + settlement having been agreed upon, the interested powers readily + concurred in the proposal to submit the case to the judgment of three + eminent jurists, to be designated by the President of the Swiss + Republic, who, upon the joint invitation of the Governments of the + United States, Great Britain, and Portugal, has selected persons well + qualified for the task before them. +</p> +<p> + The revision of our treaty relations with the Empire of Japan has + continued to be the subject of consideration and of correspondence. + The questions involved are both grave and delicate; and while it will be + my duty to see that the interests of the United States are not by any + changes exposed to undue discrimination, I sincerely hope that such + revision as Will satisfy the legitimate expectations of the Japanese + Government and maintain the present and long-existing friendly relations + between Japan and the United States will be effected. +</p> +<p> + The friendship between our country and Mexico, born of close + neighborhood and strengthened by many considerations of intimate + intercourse and reciprocal interest, has never been more conspicuous + than now nor more hopeful of increased benefit to both nations. The + intercourse of the two countries by rail, already great, is making + constant growth. The established lines and those recently projected add + to the intimacy of traffic and open new channels of access to fresh + areas of demand and supply. The importance of the Mexican railway system + will be further enhanced to a degree almost impossible to forecast if + it should become a link in the projected intercontinental railway. + I recommend that our mission in the City of Mexico be raised to the + first class. +</p> +<p> + The cordial character of our relations with Spain warrants the hope + that by the continuance of methods of friendly negotiation much may be + accomplished in the direction of an adjustment of pending questions and + of the increase of our trade. The extent and development of our trade + with the island of Cuba invest the commercial relations of the United + States and Spain with a peculiar importance. It is not doubted that a + special arrangement in regard to commerce, based upon the reciprocity + provision of the recent tariff act, would operate most beneficially for + both Governments. This subject is now receiving attention. +</p> +<p> + The restoration of the remains of John Ericsson to Sweden afforded a + gratifying occasion to honor the memory of the great inventor, to whose + genius our country owes so much, and to bear witness to the unbroken + friendship which has existed between the land which bore him and our + own, which claimed him as a citizen. +</p> +<p> + On the 2d of September last the commission appointed to revise the + proceedings of the commission under the claims convention between the + United States and Venezuela of 1866 brought its labors to a close + within the period fixed for that purpose. The proceedings of the late + commission were characterized by a spirit of impartiality and a high + sense of justice, and an incident which was for many years the subject + of discussion between the two Governments has been disposed of in + a manner alike honorable and satisfactory to both parties. For the + settlement of the claim of the Venezuela Steam Transportation Company, + which was the subject of a joint resolution adopted at the last session + of Congress, negotiations are still in progress, and their early + conclusion is anticipated. +</p> +<p> + The legislation of the past few years has evinced on the part of + Congress a growing realization of the importance of the consular service + in fostering our commercial relations abroad and in protecting the + domestic revenues. As the scope of operations expands increased + provision must be made to keep up the essential standard of efficiency. + The necessity of some adequate measure of supervision and inspection + has been so often presented that I need only commend the subject to + your attention. +</p> +<p> + The revenues of the Government from all sources for the fiscal year + ending June 30, 1890, were $463,963,080.55 and the total expenditures + for the same period were $358,618,584.52. The postal receipts have not + heretofore been included in the statement of these aggregates, and for + the purpose of comparison the sum of $60,882,097.92 should be deducted + from both sides of the account. The surplus for the year, including the + amount applied to the sinking fund, was $105,344,496.03. The receipts + for 1890 were $16,030,923.79 and the expenditures $15,739,871 in excess + of those of 1889. The customs receipts increased $5,835,842.88 and the + receipts from internal revenue $11,725,191.89, while on the side of + expenditures that for pensions was $19,312,075.96 in excess of the + preceding year. +</p> +<p> + The Treasury statement for the current fiscal year, partly actual + and partly estimated, is as follows: Receipts from all sources, + $406,000,000; total expenditures, $354,000,000, leaving a surplus of + $52,000,000, not taking the postal receipts into the account on either + side. The loss of revenue from customs for the last quarter is estimated + at $25,000,000, but from this is deducted a gain of about $16,000,000 + realized during the first four months of the year. +</p> +<p> + For the year 1892 the total estimated receipts are $373,000,000 and the + estimated expenditures $357,852,209.42, leaving an estimated surplus + of $15,147,790.58, which, with a cash balance of $52,000,000 at the + beginning of the year, will give $67,147,790.58 as the sum available + for the redemption of outstanding bonds or other uses. The estimates of + receipts and expenditures for the Post-Office Department, being equal, + are not included in this statement on either side. +</p> +<p> + The act "directing the purchase of silver bullion and the issue of + Treasury notes thereon," approved July 14, 1890, has been administered + by the Secretary of the Treasury with an earnest purpose to get into + circulation at the earliest possible dates the full monthly amounts of + Treasury notes contemplated by its provisions and at the same time to + give to the market for the silver bullion such support as the law + contemplates. The recent depreciation in the price of silver has been + observed with regret. The rapid rise in price which anticipated and + followed the passage of the act was influenced in some degree by + speculation, and the recent reaction is in part the result of the same + cause and in part of the recent monetary disturbances. Some months of + further trial will be necessary to determine the permanent effect of the + recent legislation upon silver values, but it is gratifying to know that + the increased circulation secured by the act has exerted, and will + continue to exert, a most beneficial influence upon business and upon + general values. +</p> +<p> + While it has not been thought best to renew formally the suggestion of + an international conference looking to an agreement touching the full + use of silver for coinage at a uniform ratio, care has been taken to + observe closely any change in the situation abroad, and no favorable + opportunity will be lost to promote a result which it is confidently + believed would confer very large benefits upon the commerce of the + world. +</p> +<p> + The recent monetary disturbances in England are not unlikely to suggest + a reexamination of opinions upon this subject. Our very large supply of + gold will, if not lost by impulsive legislation in the supposed interest + of silver, give us a position of advantage in promoting a permanent and + safe international agreement for the free use of silver as a coin metal. +</p> +<p> + The efforts of the Secretary to increase the volume of money in + circulation by keeping down the Treasury surplus to the lowest + practicable limit have been unremitting and in a very high degree + successful. The tables presented by him showing the increase of money + in circulation during the last two decades, and especially the table + showing the increase during the nineteen months he has administered the + affairs of the Department, are interesting and instructive. The increase + of money in circulation during the nineteen months has been in the + aggregate $93,866,813, or about $1.50 per capita, and of this increase + only $7,100,000 was due to the recent silver legislation. That this + substantial and needed aid given to commerce resulted in an enormous + reduction of the public debt and of the annual interest charge is matter + of increased satisfaction. There have been purchased and redeemed since + March 4, 1889, 4 and 4-1/2 per cent bonds to the amount of $211,832,450, + at a cost of $246,620,741, resulting in the reduction of the annual + interest charge of $8,967,609 and a total saving of interest of + $51,576,706. +</p> +<p> + I notice with great pleasure the statement of the Secretary that the + receipts from internal revenue have increased during the last fiscal + year nearly $12,000,000, and that the cost of collecting this larger + revenue was less by $90,617 than for the same purpose in the preceding + year. The percentage of cost of collecting the customs revenue was less + for the last fiscal year than ever before. +</p> +<p> + The Customs Administration Board, provided for by the act of June 10, + 1890, was selected with great care, and is composed in part of men whose + previous experience in the administration of the old customs regulations + had made them familiar with the evils to be remedied, and in part of men + whose legal and judicial acquirements and experience seemed to fit them + for the work of interpreting and applying the new statute. The chief aim + of the law is to secure honest valuations of all dutiable merchandise + and to make these valuations uniform at all our ports of entry. It had + been made manifest by a Congressional investigation that a system of + undervaluation had been long in use by certain classes of importers, + resulting not only in a great loss of revenue, but in a most intolerable + discrimination against honesty. It is not seen how this legislation, + when it is understood, can be regarded by the citizens of any country + having commercial dealings with us as unfriendly. If any duty is + supposed to be excessive, let the complaint be lodged there. It will + surely not be claimed by any well-disposed people that a remedy may be + sought and allowed in a system of quasi smuggling. +</p> +<p> + The report of the Secretary of War exhibits several gratifying results + attained during the year by wise and unostentatious methods. The + percentage of desertions from the Army (an evil for which both Congress + and the Department have long been seeking a remedy) has been reduced + during the past year 24 per cent, and for the months of August and + September, during which time the favorable effects of the act of June 16 + were felt, 33 per cent, as compared with the same months of 1889. +</p> +<p> + The results attained by a reorganization and consolidation of the + divisions having charge of the hospital and service records of the + volunteer soldiers are very remarkable. This change was effected in + July, 1889, and at that time there were 40,654 cases awaiting attention, + more than half of these being calls from the Pension Office for + information necessary to the adjudication of pension claims. On the 30th + day of June last, though over 300,000 new calls had come in, there was + not a single case that had not been examined and answered. +</p> +<p> + I concur in the recommendations of the Secretary that adequate and + regular appropriations be continued for coast-defense works and + ordnance. Plans have been practically agreed upon, and there can be no + good reason for delaying the execution of them, while the defenseless + state of our great seaports furnishes an urgent reason for wise + expedition. +</p> +<p> + The encouragement that has been extended to the militia of the States, + generally and most appropriately designated the "National Guard," should + be continued and enlarged. These military organizations constitute in a + large sense the Army of the United States, while about five-sixths of + the annual cost of their maintenance is defrayed by the States. +</p> +<p> + The report of the Attorney-General is under the law submitted directly + to Congress, but as the Department of Justice is one of the Executive + Departments some reference to the work done is appropriate here. +</p> +<p> + A vigorous and in the main an effective effort has been made to bring to + trial and punishment all violators of the law, but at the same time care + has been taken that frivolous and technical offenses should not be used + to swell the fees of officers or to harass well-disposed citizens. + Especial attention is called to the facts connected with the prosecution + of violations of the election laws and of offenses against United States + officers. The number of convictions secured, very many of them upon + pleas of guilty, will, it is hoped, have a salutary restraining + influence. There have been several cases where postmasters appointed by + me have been subjected to violent interference in the discharge of their + official duties and to persecutions and personal violence of the most + extreme character. Some of these cases have been dealt with through the + Department of Justice, and in some cases the post-offices have been + abolished or suspended. I have directed the Postmaster-General to pursue + this course in all cases where other efforts failed to secure for any + postmaster not himself in fault an opportunity peacefully to exercise + the duties of his office. But such action will not supplant the efforts + of the Department of Justice to bring the particular offenders to + punishment. +</p> +<p> + The vacation by judicial decrees of fraudulent certificates of + naturalization, upon bills in equity filed by the Attorney-General + in the circuit court of the United States, is a new application of a + familiar equity jurisdiction. Nearly one hundred such decrees have been + taken during the year, the evidence disclosing that a very large number + of fraudulent certificates of naturalization have been issued. And in + this connection I beg to renew my recommendation that the laws be so + amended as to require a more full and searching inquiry into all the + facts necessary to naturalization before any certificates are granted. + It certainly is not too much to require that an application for American + citizenship shall be heard with as much care and recorded with as much + formality as are given to cases involving the pettiest property right. +</p> +<p> + At the last session I returned without my approval a bill entitled + "An act to prohibit bookmaking and pool selling in the District of + Columbia," and stated my objection to be that it did not prohibit but in + fact licensed what it purported to prohibit.<a href="#note-11"><small>11</small></a> An effort will be made + under existing laws to suppress this evil, though it is not certain that + they will be found adequate. +</p> +<p> + The report of the Postmaster-General shows the most gratifying progress + in the important work committed to his direction, The business methods + have been greatly improved. A large economy in expenditures and an + increase of four and three-quarters millions in receipts have been + realized. The deficiency this year is $5,786,300, as against $6,350,183 + last year, notwithstanding the great enlargement of the service. + Mail routes have been extended and quickened and greater accuracy and + dispatch in distribution and delivery have been attained. The report + will be found to be full of interest and suggestion, not only to + Congress, but to those thoughtful citizens who may be interested + to know what business methods can do for that department of public + administration which most nearly touches all our people. +</p> +<p> + The passage of the act to amend certain sections of the Revised Statutes + relating to lotteries, approved September 19, 1890, has been received + with great and deserved popular favor. The Post-Office Department and + the Department of Justice at once entered upon the enforcement of the + law with sympathetic vigor, and already the public mails have been + largely freed from the fraudulent and demoralizing appeals and + literature emanating from the lottery companies. +</p> +<p> + The construction and equipment of the new ships for the Navy have made + very satisfactory progress. Since March 4, 1889, nine new vessels have + been put in commission, and during this winter four more, including one + monitor, will be added. The construction of the other vessels authorized + is being pushed both in the Government and private yards with energy and + watched with the most scrupulous care. +</p> +<p> + The experiments conducted during the year to test the relative + resisting power of armor plates have been so valuable as to attract + great attention in Europe. The only part of the work upon the new ships + that is threatened by unusual delay is the armor plating, and every + effort is being made to reduce that to the minimum. It is a source of + congratulation that the anticipated influence of these modern vessels + upon the <i>esprit de corps</i> of the officers and seamen has been fully + realized. Confidence and pride in the ship among the crew are equivalent + to a secondary battery. Your favorable consideration is invited to the + recommendations of the Secretary. +</p> +<p> + The report of the Secretary of the Interior exhibits with great fullness + and clearness the vast work of that Department and the satisfactory + results attained. The suggestions made by him are earnestly commended, + to the consideration of Congress, though they can not all be given + particular mention here. +</p> +<p> + The several acts of Congress looking to the reduction of the larger + Indian reservations, to the more rapid settlement of the Indians upon + individual allotments, and the restoration to the public domain of lands + in excess of their needs have been largely carried into effect so far as + the work was confided to the Executive. Agreements have been concluded + since March 4, 1889, involving the cession to the United States of about + 14,726,000 acres of land. These contracts have, as required by law, + been submitted to Congress for ratification and for the appropriations + necessary to carry them into effect. Those with the Sisseton and + Wahpeton, Sac and Fox, Iowa, Pottawatomies and Absentee Shawnees, and + Coeur d'Alene tribes have not yet received the sanction of Congress. + Attention is also called to the fact that the appropriations made in the + case of the Sioux Indians have not covered all the stipulated payments. + This should be promptly corrected. If an agreement is confirmed, all of + its terms should be complied with without delay and full appropriations + should be made. +</p> +<p> + The policy outlined in my last annual message in relation to the + patenting of lands to settlers upon the public domain<a href="#note-12"><small>12</small></a> has been + carried out in the administration of the Land Office. No general + suspicion or imputation of fraud has been allowed to delay the hearing + and adjudication of individual cases upon their merits. The purpose has + been to perfect the title of honest settlers with such promptness that + the value of the entry might not be swallowed up by the expense and + extortions to which delay subjected the claimant. The average monthly + issue of agricultural patents has been increased about 6,000. +</p> +<p> + The disability-pension act, which was approved on the 27th of June last, + has been put into operation as rapidly as was practicable. The increased + clerical force provided was selected and assigned to work, and a + considerable part of the force engaged in examinations in the field was + recalled and added to the working force of the office. The examination + and adjudication of claims have by reason of improved methods been more + rapid than ever before. There is no economy to the Government in delay, + while there is much hardship and injustice to the soldier. The + anticipated expenditure, while very large, will not, it is believed, be + in excess of the estimates made before the enactment of the law. This + liberal enlargement of the general law should suggest a more careful + scrutiny of bills for special relief, both as to the cases where relief + is granted and as to the amount allowed. +</p> +<p> + The increasing numbers and influence of the non-Mormon population of + Utah are observed with satisfaction. The recent letter of Wilford + Woodruff, president of the Mormon Church, in which he advised his people + "to refrain from contracting any marriage forbidden by the laws of the + land," has attracted wide attention, and it is hoped that its influence + will be highly beneficial in restraining infractions of the laws of the + United States. But the fact should not be overlooked that the doctrine + or belief of the church that polygamous marriages are rightful and + supported by divine revelation remains unchanged. President Woodruff + does not renounce the doctrine, but refrains from teaching it, and + advises against the practice of it because the law is against it. Now, + it is quite true that the law should not attempt to deal with the faith + or belief of anyone; but it is quite another thing, and the only safe + thing, so to deal with the Territory of Utah as that those who believe + polygamy to be rightful shall not have the power to make it lawful. +</p> +<p> + The admission of the States of Wyoming and Idaho to the Union are events + full of interest and congratulation, not only to the people of those + States now happily endowed with a full participation in our privileges + and responsibilities, but to all our people. Another belt of States + stretches from the Atlantic to the Pacific. +</p> +<p> + The work of the Patent Office has won from all sources very high + commendation. The amount accomplished has been very largely increased, + and all the results have been such as to secure confidence and + consideration for the suggestions of the Commissioner. +</p> +<p> + The enumeration of the people of the United States under the provisions + of the act of March 1, 1889, has been completed, and the result will + be at once officially communicated to Congress. The completion of this + decennial enumeration devolves upon Congress the duty of making a new + apportionment of Representatives "among the several States according to + their respective numbers." +</p> +<p> + At the last session I had occasion to return with my objections several + bills making provisions for the erection of public buildings for the + reason that the expenditures contemplated were, in my opinion, greatly + in excess of any public need. No class of legislation is more liable + to abuse or to degenerate into an unseemly scramble about the public + Treasury than this. There should be exercised in this matter a wise + economy, based upon some responsible and impartial examination and + report as to each case, under a general law. +</p> +<p> + The report of the Secretary of Agriculture deserves especial attention + in view of the fact that the year has been marked in a very unusual + degree by agitation and organization among the farmers looking to an + increase in the profits of their business. It will be found that the + efforts of the Department have been intelligently and zealously devoted + to the promotion of the interests intrusted to its care. +</p> +<p> + A very substantial improvement in the market prices of the leading farm + products during the year is noticed. The price of wheat advanced from + 81 cents in October, 1889, to $1.00-3/4 in October, 1890; corn from 31 + cents to 50-1/4 cents; oats from 19-1/4 cents to 43 cents, and barley + from 63 cents to 78 cents. Meats showed a substantial but not so large + an increase. The export trade in live animals and fowls shows a very + large increase. The total value of such exports for the year ending June + 30, 1890, was $33,000,000, and the increase over the preceding year was + over $15,000,000. Nearly 200,000 more cattle and over 45,000 more hogs + were exported than in the preceding year. The export trade in beef and + pork products and in dairy products was very largely increased, the + increase in the article of butter alone being from 15,504,978 pounds to + 29,748,042 pounds, and the total increase in the value of meat and dairy + products exported being $34,000,000. This trade, so directly helpful + to the farmer, it is believed, will be yet further and very largely + increased when the system of inspection and sanitary supervision now + provided by law is brought fully into operation. +</p> +<p> + The efforts of the Secretary to establish the healthfulness of our meats + against the disparaging imputations that have been put upon them abroad + have resulted in substantial progress. Veterinary surgeons sent out by + the Department are now allowed to participate in the inspection of the + live cattle from this country landed at the English docks, and during + the several months they have been on duty no case of contagious + pleuro-pneumonia has been reported. This inspection abroad and the + domestic inspection of live animals and pork products provided for by + the act of August 30, 1890, will afford as perfect a guaranty for the + wholesomeness of our meats offered for foreign consumption as is + anywhere given to any food product, and its nonacceptance will quite + clearly reveal the real motive of any continued restriction of their + use, and that having been made clear the duty of the Executive will be + very plain. +</p> +<p> + The information given by the Secretary of the progress and prospects of + the beet-sugar industry is full of interest. It has already passed the + experimental stage and is a commercial success. The area over which the + sugar beet can be successfully cultivated is very large, and another + field crop of great value is offered to the choice of the farmer. +</p> +<p> + The Secretary of the Treasury concurs in the recommendation of the + Secretary of Agriculture that the official supervision provided by the + tariff law for sugar of domestic production shall be transferred to the + Department of Agriculture. +</p> +<p> + The law relating to the civil service has, so far as I can learn, been + executed by those having the power of appointment in the classified + service with fidelity and impartiality, and the service has been + increasingly satisfactory. The report of the Commission shows a large + amount of good work done during the year with very limited + appropriations. +</p> +<p> + I congratulate the Congress and the country upon the passage at the + first session of the Fifty-first Congress of an unusual number of laws + of very high importance. That the results of this legislation will be + the quickening and enlargement of our manufacturing industries, larger + and better markets for our breadstuffs and provisions both at home and + abroad, more constant employment and better wages for our working + people, and an increased supply of a safe currency for the transaction + of business, I do not doubt. Some of these measures were enacted at so + late a period that the beneficial effects upon commerce which were in + the contemplation of Congress have as yet but partially manifested + themselves. +</p> +<p> + The general trade and industrial conditions throughout the country + during the year have shown a marked improvement. For many years prior to + 1888 the merchandise balances of foreign trade had been largely in our + favor, but during that year and the year following they turned against + us. It is very gratifying to know that the last fiscal year again shows + a balance in our favor of over $68,000,000. The bank clearings, which + furnish a good test of the volume of business transacted, for the first + ten months of the year 1890 show as compared with the same months of + 1889 an increase for the whole country of about 8.4 per cent, while the + increase outside of the city of New York was over 13 per cent. During + the month of October the clearings of the whole country showed an + increase of 3.1 per cent over October, 1889, while outside of New York + the increase was 11.5 per cent. These figures show that the increase in + the volume of business was very general throughout the country. That + this larger business was being conducted upon a safe and profitable + basis is shown by the fact that there were 300 less failures reported + in October, 1890, than in the same month of the preceding year, with + liabilities diminished by about $5,000,000. +</p> +<p> + The value of our exports of domestic merchandise during the last year + was over $115,000,000 greater than the preceding year, and was only + exceeded once in our history. About $100,000,000 of this excess was in + agricultural products. The production of pig iron, always a good gauge + of general prosperity, is shown by a recent census bulletin to have been + 153 per cent greater in 1890 than in 1880, and the production of steel + 290 per cent greater. Mining in coal has had no limitation except that + resulting from deficient transportation. The general testimony is that + labor is everywhere fully employed, and the reports for the last year + show a smaller number of employees affected by strikes and lockouts than + in any year since 1884. The depression in the prices of agricultural + products had been greatly relieved and a buoyant and hopeful tone was + beginning to be felt by all our people. +</p> +<p> + These promising influences have been in some degree checked by the + surprising and very unfavorable monetary events which have recently + taken place in England. It is gratifying to know that these did not grow + in any degree out of the financial relations of London with our people + or out of any discredit attached to our securities held in that market. + The return of our bonds and stocks was caused by a money stringency + in England, not by any loss of value or credit in the securities + themselves. We could not, however, wholly escape the ill effects of a + foreign monetary agitation accompanied by such extraordinary incidents + as characterized this. It is not believed, however, that these evil + incidents, which have for the time unfavorably affected values in this + country, can long withstand the strong, safe, and wholesome influences + which are operating to give to our people profitable returns in all + branches of legitimate trade and industry. The apprehension that our + tariff may again and at once be subjected to important general changes + would undoubtedly add a depressing influence of the most serious + character. +</p> +<p> + The general tariff act has only partially gone into operation, some of + its important provisions being limited to take effect at dates yet in + the future. The general provisions of the law have been in force less + than sixty days. Its permanent effects upon trade and prices still + largely stand in conjecture. It is curious to note that the advance in + the prices of articles wholly unaffected by the tariff act was by many + hastily ascribed to that act. Notice was not taken of the fact that the + general tendency of the markets was upward, from influences wholly apart + from the recent tariff legislation. The enlargement of our currency by + the silver bill undoubtedly gave an upward tendency to trade and had + a marked effect on prices; but this natural and desired effect of the + silver legislation was by many erroneously attributed to the tariff act. +</p> +<p> + There is neither wisdom nor justice in the suggestion that the subject + of tariff revision shall be again opened before this law has had a + fair trial. It is quite true that every tariff schedule is subject to + objections. No bill was ever framed, I suppose, that in all of its rates + and classifications had the full approval even of a party caucus. Such + legislation is always and necessarily the product of compromise as to + details, and the present law is no exception. But in its general scope + and effect I think it will justify the support of those who believe that + American legislation should conserve and defend American trade and the + wages of American workmen. +</p> +<p> + The misinformation as to the terms of the act which has been so widely + disseminated at home and abroad will be corrected by experience, and the + evil auguries as to its results confounded by the market reports, the + savings banks, international trade balances, and the general prosperity + of our people. Already we begin to hear from abroad and from our + custom-houses that the prohibitory effect upon importations imputed to + the act is not justified. The imports at the port of New York for the + first three weeks of November were nearly 8 per cent greater than for + the same period in 1889 and 29 per cent greater than in the same period + of 1888. And so far from being an act to limit exports, I confidently + believe that under it we shall secure a larger and more profitable + participation in foreign trade than we have ever enjoyed, and that we + shall recover a proportionate participation in the ocean carrying trade + of the world. +</p> +<p> + The criticisms of the bill that have come to us from foreign sources + may well be rejected for repugnancy. If these critics really believe + that the adoption by us of a free-trade policy, or of tariff rates + having reference solely to revenue, would diminish the participation + of their own countries in the commerce of the world, their advocacy + and promotion, by speech and other forms of organized effort, of this + movement among our people is a rare exhibition of unselfishness in + trade. And, on the other hand, if they sincerely believe that the + adoption of a protective-tariff policy by this country inures to their + profit and our hurt, it is noticeably strange that they should lead the + outcry against the authors of a policy so helpful to their countrymen + and crown with their favor those who would snatch from them a + substantial share of a trade with other lands already inadequate to + their necessities. +</p> +<p> + There is no disposition among any of our people to promote prohibitory + or retaliatory legislation. Our policies are adopted not to the hurt of + others, but to secure for ourselves those advantages that fairly grow + out of our favored position as a nation. Our form of government, with + its incident of universal suffrage, makes it imperative that we shall + save our working people from the agitations and distresses which scant + work and wages that have no margin for comfort always beget. But after + all this is done it will be found that our markets are open to friendly + commercial exchanges of enormous value to the other great powers. +</p> +<p> + From the time of my induction into office the duty of using every + power and influence given by law to the executive department for the + development of larger markets for our products, especially our farm + products, has been kept constantly in mind, and no effort has been or + will be spared to promote that end. We are under no disadvantage in any + foreign market, except that we pay our workmen and workwomen better + wages than are paid elsewhere—better abstractly, better relatively to + the cost of the necessaries of life. I do not doubt that a very largely + increased foreign trade is accessible to us without bartering for it + either our home market for such products of the farm and shop as our own + people can supply or the wages of our working people. +</p> +<p> + In many of the products of wood and iron and in meats and bread-stuffs + we have advantages that only need better facilities of intercourse and + transportation to secure for them large foreign markets. The reciprocity + clause of the tariff act wisely and effectively opens the way to secure + a large reciprocal trade in exchange for the free admission to our ports + of certain products. The right of independent nations to make special + reciprocal trade concessions is well established, and does not + impair either the comity due to other powers or what is known as the + "favored-nation clause," so generally found in commercial treaties. What + is given to one for an adequate agreed consideration can not be claimed + by another freely. The state of the revenues was such that we could + dispense with any import duties upon coffee, tea, hides, and the lower + grades of sugar and molasses. That the large advantage resulting to the + countries producing and exporting these articles by placing them on the + free list entitled us to expect a fair return in the way of customs + concessions upon articles exported by us to them was so obvious that to + have gratuitously abandoned this opportunity to enlarge our trade would + have been an unpardonable error. +</p> +<p> + There were but two methods of maintaining control of this question open + to Congress—to place all of these articles upon the dutiable list, + subject to such treaty agreements as could be secured, or to place them + all presently upon the free list, but subject to the reimposition of + specified duties if the countries from which we received them should + refuse to give to us suitable reciprocal benefits. This latter method, + I think, possesses great advantages. It expresses in advance the consent + of Congress to reciprocity arrangements affecting these products, which + must otherwise have been delayed and unascertained until each treaty + was ratified by the Senate and the necessary legislation enacted by + Congress. Experience has shown that some treaties looking to reciprocal + trade have failed to secure a two-thirds vote in the Senate for + ratification, and others having passed that stage have for years awaited + the concurrence of the House and Senate in such modifications of our + revenue laws as were necessary to give effect to their provisions. We + now have the concurrence of both Houses in advance in a distinct and + definite offer of free entry to our ports of specific articles. The + Executive is not required to deal in conjecture as to what Congress will + accept. Indeed, this reciprocity provision is more than an offer. Our + part of the bargain is complete; delivery has been made; and when the + countries from which we receive sugar, coffee, tea, and hides have + placed on their free lists such of our products as shall be agreed + upon as an equivalent for our concession, a proclamation of that fact + completes the transaction; and in the meantime our own people have + free sugar, tea, coffee, and hides. +</p> +<p> + The indications thus far given are very hopeful of early and + favorable action by the countries from which we receive our large + imports of coffee and sugar, and it is confidently believed that if + steam communication with these countries can be promptly improved and + enlarged the next year will show a most gratifying increase in our + exports of breadstuffs provisions, as well as of some important lines + of manufactured goods. +</p> +<p> + In addition to the important bills that became laws before the + adjournment of the last session, some other bills of the highest + importance were well advanced toward a final vote and now stand upon the + calendars of the two Houses in favored positions. The present session + has a fixed limit, and if these measures are not now brought to a final + vote all the work that has been done upon them by this Congress is lost. + The proper consideration of these, of an apportionment bill, and of the + annual appropriation bills will require not only that no working day of + the session shall be lost, but that measures of minor and local interest + shall not be allowed to interrupt or retard the progress of those that + are of universal interest. In view of these conditions, I refrain from + bringing before you at this time some suggestions that would otherwise + be made, and most earnestly invoke your attention to the duty of + perfecting the important legislation now well advanced. To some of these + measures, which seem to me most important, I now briefly call your + attention. +</p> +<p> + I desire to repeat with added urgency the recommendations contained + in my last annual message in relation to the development of American + steamship lines.<a href="#note-13"><small>13</small></a> The reciprocity clause of the tariff bill will be + largely limited and its benefits retarded and diminished if provision is + not contemporaneously made to encourage the establishment of first-class + steam communication between our ports and the ports of such nations as + may meet our overtures for enlarged commercial exchanges. The steamship, + carrying the mails statedly and frequently and offering to passengers a + comfortable, safe, and speedy transit, is the first condition of foreign + trade. It carries the order or the buyer, but not all that is ordered or + bought. It gives to the sailing vessels such cargoes as are not urgent + or perishable, and, indirectly at least, promotes that important adjunct + of commerce. There is now both in this country and in the nations of + Central and South America a state of expectation and confidence as to + increased trade that will give a double value to your prompt action upon + this question. +</p> +<p> + The present situation of our mail communication with Australia + illustrates the importance of early action by Congress. The Oceanic + Steamship Company maintains a line of steamers between San Francisco, + Sydney, and Auckland consisting of three vessels, two of which are of + United States registry and one of foreign registry. For the service done + by this line in carrying the mails we pay annually the sum of $46,000, + being, as estimated, the full sea and United States inland postage, + which is the limit fixed by law. The colonies of New South Wales and New + Zealand have been paying annually to these lines £37,000 for carrying + the mails from Sydney and Auckland to San Francisco. The contract under + which this payment has been made is now about to expire, and those + colonies have refused to renew the contract unless the United States + shall pay a more equitable proportion of the whole sum necessary to + maintain, the service. +</p> +<p> + I am advised by the Postmaster-General that the United States receives + for carrying the Australian mails, brought to San Francisco in these + steamers, by rail to Vancouver, an estimated annual income of $75,000. + while, as I have stated, we are paying out for the support of the + steamship line that brings this mail to us only $46,000, leaving an + annual surplus resulting from this service of $29,000. The trade of the + United States with Australia, which is in a considerable part carried by + these steamers, and the whole of which is practically dependent upon the + mail communication which they maintain, is largely in our favor. Our + total exports of merchandise to Australasian ports during the fiscal + year ending June 30, 1890, were $11,266,484, while the total imports of + merchandise from these ports were only $4,277,676. If we are not willing + to see this important steamship line withdrawn, or continued with + Vancouver substituted for San Francisco as the American terminal, + Congress should put it in the power of the Postmaster-General to make a + liberal increase in the amount now paid for the transportation of this + important mail. +</p> +<p> + The South Atlantic and Gulf ports occupy a very favored position toward + the new and important commerce which the reciprocity clause of the + tariff act and the postal shipping bill are designed to promote. + Steamship lines from these ports to some northern port of South America + will almost certainly effect a connection between the railroad systems + of the continents long before any continuous line of railroads can be + put into operation. The very large appropriation made at the last + session for the harbor of Galveston was justified, as it seemed to me, + by these considerations. The great Northwest will feel the advantage of + trunk lines to the South as well as to the East and of the new markets + opened for their surplus food products and for many of their + manufactured products. +</p> +<p> + I had occasion in May last to transmit to Congress a report adopted + by the International American Conference upon the subject of the + incorporation of an international American bank, with a view to + facilitating money exchanges between the States represented in that + conference.<a href="#note-14"><small>14</small></a> Such an institution would greatly promote the trade we + are seeking to develop. I renew the recommendation that a careful and + well-guarded charter be granted. I do not think the powers granted + should include those ordinarily exercised by trust, guaranty, and + safe-deposit companies, or that more branches in the United States + should be authorized than are strictly necessary to accomplish the + object primarily in view, namely, convenient foreign exchanges. It is + quite important that prompt action should be taken in this matter, + in order that any appropriations for better communication with these + countries and any agreements that may be made for reciprocal trade + may not be hindered by the inconvenience of making exchanges through + European money centers or burdened by the tribute which is an incident + of that method of business. +</p> +<p> + The bill for the relief of the Supreme Court has after many years of + discussion reached a position where final action is easily attainable, + and it is hoped that any differences of opinion may be so harmonized as + to save the essential features of this very important measure. In this + connection I earnestly renew my recommendation that the salaries of the + judges of the United States district courts be so readjusted that none + of them shall receive less than $5,000 per annum. +</p> +<p> + The subject of the unadjusted Spanish and Mexican land grants and the + urgent necessity for providing some commission or tribunal for the trial + of questions of title growing out of them were twice brought by me to + the attention of Congress at the last session. Bills have been reported + from the proper committees in both Houses upon the subject, and I very + earnestly hope that this Congress will put an end to the delay which + has attended the settlement of the disputes as to the title between the + settlers and the claimants under these grants. These disputes retard the + prosperity and disturb the peace of large and important communities. + The governor of New Mexico in his last report to the Secretary of the + Interior suggests some modifications of the provisions of the pending + bills relating to the small holdings of farm lands. I commend to your + attention the suggestions of the Secretary of the Interior upon this + subject. +</p> +<p> + The enactment of a national bankrupt law I still regard as very + desirable. The Constitution having given to Congress jurisdiction of + this subject, it should be exercised and uniform rules provided for the + administration of the affairs of insolvent debtors. The inconveniences + resulting from the occasional and temporary exercise of this power by + Congress and from the conflicting State codes of insolvency which come + into force intermediately should be removed by the enactment of a + simple, inexpensive, and permanent national bankrupt law. +</p> +<p> + I also renew my recommendation in favor of legislation affording just + copyright protection to foreign authors on a footing of reciprocal + advantage for our authors abroad. +</p> +<p> + It may still be possible for this Congress to inaugurate by suitable + legislation a movement looking to uniformity and increased safety in the + use of couplers and brakes upon freight trains engaged in interstate + commerce. The chief difficulty in the way is to secure agreement + as to the best appliances, simplicity, effectiveness, and cost being + considered. This difficulty will only yield to legislation, which should + be based upon full inquiry and impartial tests. The purpose should be to + secure the cooperation of all well-disposed managers and owners; but the + fearful fact that every year's delay involves the sacrifice of 2,000 + lives and the maiming of 20,000 young men should plead both with + Congress and the managers against any needless delay. +</p> +<p> + The subject of the conservation and equal distribution of the water + supply of the arid regions has had much attention from Congress, but has + not as yet been put upon a permanent and satisfactory basis. The urgency + of the subject does not grow out of any large present demand for the use + of these lands for agriculture, but out of the danger that the water + supply and the sites for the necessary catch basins may fall into the + hands of individuals or private corporations and be used to render + subservient the large areas dependent upon such supply. The owner of + the water is the owner of the lands, however the titles may run. All + unappropriated natural water sources and all necessary reservoir sites + should be held by the Government for the equal use at fair rates of the + homestead settlers who will eventually take up these lands. The United + States should not, in my opinion, undertake the construction of dams or + canals, but should limit its work to such surveys and observations as + will determine the water supply, both surface and subterranean, the + areas capable of irrigation, and the location and storage capacity + of reservoirs. This done, the use of the water and of the reservoir + sites might be granted to the respective States or Territories or to + individuals or associations upon the condition that the necessary + works should be constructed and the water furnished at fair rates + without discrimination, the rates to be subject to supervision by the + legislatures or by boards of water commissioners duly constituted. The + essential thing to be secured is the common and equal use at fair rates + of the accumulated water supply. It were almost better that these lands + should remain arid than that those who occupy them should become the + slaves of unrestrained monopolies controlling the one essential element + of land values and crop results. +</p> +<p> + The use of the telegraph by the Post-Office Department as a means for + the rapid transmission of written communications is, I believe, upon + proper terms, quite desirable. The Government does not own or operate + the railroads, and it should not, I think, own or operate the telegraph + lines. It does, however, seem to be quite practicable for the Government + to contract with the telegraph companies, as it does with railroad + companies, to carry at specified rates such communications as the + senders may designate for this method of transmission. I recommend that + such legislation be enacted as will enable the Post-Office Department + fairly to test by experiment the advantages of such a use of the + telegraph. +</p> +<p> + If any intelligent, and loyal company of American citizens were required + to catalogue the essential human conditions of national life, I do not + doubt that with absolute unanimity they would begin with "free and + honest elections." And it is gratifying to know that generally there is + a growing and nonpartisan demand for better election laws; but against + this sign of hope and progress must be set the depressing and undeniable + fact that election laws and methods are sometimes cunningly contrived to + secure minority control, while violence completes the shortcomings of + fraud. +</p> +<p> + In my last annual message I suggested that the development of the + existing law providing a Federal supervision of Congressional elections + offered an effective method of reforming these abuses.<a href="#note-15"><small>15</small></a> The need + of such a law has manifested itself in many parts of the country, and + its wholesome restraints and penalties will be useful in all. The + constitutionality of such legislation has been affirmed by the Supreme + Court. Its probable effectiveness is evidenced by the character of the + opposition that is made to it. It has been denounced as if it were a + new exercise of Federal power and an invasion of the rights of States. + Nothing could be further from the truth. Congress has already fixed the + time for the election of members of Congress. It has declared that votes + for members of Congress must be by written or printed ballot; it has + provided for the appointment by the circuit courts in certain cases, + and upon the petition of a certain number of citizens, of election + supervisors, and made it their duty to supervise the registration of + voters conducted by the State officers; to challenge persons offering to + register; to personally inspect and scrutinize the registry lists, and + to affix their names to the lists for the purpose of identification and + the prevention of frauds; to attend at elections and remain with the + boxes till they are all cast and counted; to attach to the registry + lists and election returns any statement touching the accuracy and + fairness of the registry and election, and to take and transmit to + the Clerk of the House of Representatives any evidence of fraudulent + practices which may be presented to them. The same law provides for the + appointment of deputy United States marshals to attend at the polls, + support the supervisors in the discharge of their duties, and to arrest + persons violating the election laws. The provisions of this familiar + title of the Revised Statutes have been put into exercise by both the + great political parties, and in the North as well as in the South, + by the filing with the court of the petitions required by the law. +</p> +<p> + It is not, therefore, a question whether we shall have a Federal + election law, for we now have one and have had for nearly twenty years, + but whether we shall have an effective law. The present law stops just + short of effectiveness, for it surrenders to the local authorities all + control over the certification which establishes the <i>prima facie</i> right + to a seat in the House of Representatives. This defect should be cured. + Equality of representation and the parity of the electors must be + maintained or everything that is valuable in our system of government is + lost. The qualifications of an elector must be sought in the law, not + in the opinions, prejudices, or fears of any class, however powerful. + The path of the elector to the ballot box must be free from the ambush + of fear and the enticements of fraud; the count so true and open that + none shall gainsay it. Such a law should be absolutely nonpartisan and + impartial. It should give the advantage to honesty and the control to + majorities. Surely there is nothing sectional about this creed, and if + it shall happen that the penalties of laws intended to enforce these + rights fall here and not there it is not because the law is sectional, + but because, happily, crime is local and not universal. Nor should it be + forgotten that every law, whether relating to elections or to any other + subject, whether enacted by the State or by the nation, has force behind + it; the courts, the marshal or constable, the <i>posse comitatus</i>, the + prison, are all and always behind the law. +</p> +<p> + One can not be justly charged with unfriendliness to any section or + class who seeks only to restrain violations of law and of personal + right. No community will find lawlessness profitable. No community can + afford to have it known that the officers who are charged with the + preservation of the public peace and the restraint of the criminal + classes are themselves the product of fraud or violence. The magistrate + is then without respect and the law without sanction. The floods of + lawlessness can not be leveed and made to run in one channel. The + killing of a United States marshal carrying a writ of arrest for an + election offense is full of prompting and suggestion to men who are + pursued by a city marshal for a crime against life or property. +</p> +<p> + But it is said that this legislation will revive race animosities, and + some have even suggested that when the peaceful methods of fraud are + made impossible they may be supplanted by intimidation and violence. + If the proposed law gives to any qualified elector by a hair's weight + more than his equal influence or detracts by so much from any other + qualified elector, it is fatally impeached. But if the law is equal and + the animosities it is to evoke grow out of the fact that some electors + have been accustomed to exercise the franchise for others as well + as for themselves, then these animosities ought not to be confessed + without shame, and can not be given any weight in the discussion without + dishonor. No choice is left to me but to enforce with vigor all laws + intended to secure to the citizen his constitutional rights and to + recommend that the inadequacies of such laws be promptly remedied. If to + promote with zeal and ready interest every project for the development + of its material interests, its rivers, harbors, mines, and factories, + and the intelligence, peace, and security under the law of its + communities and its homes is not accepted as sufficient evidence of + friendliness to any State or section, I can not add connivance at + election practices that not only disturb local results, but rob the + electors of other States and sections of their most priceless political + rights. +</p> +<p> + The preparation of the general appropriation bills should be conducted + with the greatest care and the closest scrutiny of expenditures. + Appropriations should be adequate to the needs of the public service, + but they should be absolutely free from prodigality. +</p> +<p> + I venture again to remind you that the brief time remaining for the + consideration of the important legislation now awaiting your attention + offers no margin for waste. If the present duty is discharged with + diligence, fidelity, and courage, the work of the Fifty-first Congress + may be confidently submitted to the considerate judgment of the people. +</p> +<p class="r"> + BENJ. HARRISON. +</p> +<p> </p><p> </p> + + + +<div style="height: 4em;"><br><br><br><br></div> + +<h2> + SPECIAL MESSAGES. +</h2> +<p class="r"> + EXECUTIVE MANSION, <i>December 4, 1890</i>. +</p> +<p> + <i>To the Senate and House of Representatives</i>: +</p> +<p> + I transmit herewith a communication of the 3d instant from the Secretary + of the Interior, accompanied by an agreement concluded by the Cherokee + Commission with the Cheyenne and Arapahoe tribes of Indians for the + cession of certain lands and for other purposes. +</p> +<p> + The agreement is submitted for the consideration of Congress, as + required by law. +</p> +<p class="r"> + BENJ. HARRISON. +</p> +<p> </p><p> </p> + + +<p class="r"> + EXECUTIVE MANSION, <i>December 5, 1890</i>. +</p> +<p> + <i>To the House of Representatives</i>: +</p> +<p> + I transmit herewith, in response to the resolution of the House of + Representatives of the 24th of September last, a report of the Secretary + of State and accompanying correspondence, in relation to the killing of + General J. Martine Barrundia by Guatemalan officers on board the Pacific + mail steamer <i>Acapulco</i> in the port of San Jose, Guatemala, on the 28th + of August last. +</p> +<p class="r"> + BENJ. HARRISON. +</p> +<p> </p><p> </p> + + +<p class="r"> + EXECUTIVE MANSION, <i>December 17, 1890</i>. +</p> +<p> + <i>To the Senate and House of Representatives</i>: +</p> +<p> + I herewith transmit a communication from the Secretary of State, in + relation to a report upon the subject of cholera made by Dr. E.O. + Shakespeare pursuant to the act of Congress approved March 3, 1885. +</p> +<p class="r"> + BENJ. HARRISON. +</p> +<p> </p><p> </p> + + +<p class="r"> + EXECUTIVE MANSION, <i>December 17, 1890</i>. +</p> +<p> + <i>To the Senate and House of Representatives</i>: +</p> +<p> + I transmit herewith a letter from the Secretary of the Navy, accompanied + by a letter from the secretary of the American Society of Mechanical + Engineers, who transmits a memorial, addressed to the Government of the + United States, in relation to the late Captain John Ericsson. +</p> +<p> + The matter is presented for such action as the Congress may deem proper. +</p> +<p class="r"> + BENJ. HARRISON. +</p> +<p> </p><p> </p> + + +<p class="r"> + EXECUTIVE MANSION, <i>December 17, 1890</i>. +</p> +<p> + <i>To the Senate and House of Representatives</i>: +</p> +<p> + I transmit herewith a letter from the Secretary of War, accompanied by + a copy of a preliminary report of the board on gun factories and steel + forgings for high-power guns, appointed by me under the provisions of an + act entitled "An act making appropriations for fortifications," etc., + approved August 18, 1890. +</p> +<p> + The report and accompanying papers are submitted for the information and + early attention of Congress. +</p> +<p class="r"> + BENJ. HARRISON. +</p> +<p> </p><p> </p> + + +<p class="r"> + EXECUTIVE MANSION, <i>December 22, 1890</i>. +</p> +<p> + <i>To the Senate and House of Representatives</i>: +</p> +<p> + I transmit herewith a letter of the 18th instant from the Secretary + of the Interior, in relation to the disposition of timber on certain + Chippewa reservations in Wisconsin, together with copies of papers + relating thereto. The matter is presented for the action of Congress. +</p> +<p class="r"> + BENJ. HARRISON. +</p> +<p> </p><p> </p> + + +<p class="r"> + EXECUTIVE MANSION, <i>December 23, 1890</i>. +</p> +<p> + <i>To the Senate and House of Representatives</i>: +</p> +<p> + The Territorial legislature of Oklahoma, now in session, will adjourn by + limitation of law on to-morrow, the 24th instant. The act organizing the + Territory provided (section II) that certain chapters of the revised + statutes of Nebraska should be in force until after the adjournment of + the first session of the Territorial legislature. +</p> +<p> + The question of the location of the Territorial capital has so occupied + the time of the legislature and so distracted and divided its members + that no criminal code has been provided. It is urgently necessary that + Congress should at once, by joint resolution or otherwise, continue + the laws of Nebraska in force, and save pending criminal arrests and + prosecutions at least. The reconvening of the legislature does not + under the existing circumstances promise any relief. +</p> +<p class="r"> + BENJ. HARRISON. +</p> +<p> </p><p> </p> + + +<p class="r"> + EXECUTIVE MANSION, <i>December 23, 1890</i>. +</p> +<p> + <i>To the Senate and House of Representatives</i>: +</p> +<p> + I transmit herewith a letter of the Secretary of the Navy, accompanied + by the report of the commission appointed by me by virtue of a provision + in the naval appropriation bill approved June 30, 1890, for the purpose + of selecting a suitable site "for a dry dock at some point on the shores + of the Pacific Ocean, or the waters connected therewith, north of the + parallel of latitude marking the northern boundary of California, + including the waters of Puget Sound and also Lakes Union and Washington, + in the State of Washington." +</p> +<p class="r"> + BENJ. HARRISON. +</p> +<p> </p><p> </p> + + +<p class="r"> + EXECUTIVE MANSION, <i>January 5, 1891</i>. +</p> +<p> + <i>To the House of Representatives</i>: +</p> +<p> + In further response to the resolution of the House of Representatives + requesting me, if in my judgment not incompatible with the public + interest, to furnish to the House the correspondence since March 4, + 1889, between the Government of the United States and the Government + of Great Britain touching the subjects in dispute in the Bering Sea, + I transmit herewith a letter from the Secretary of State, which is + accompanied by the correspondence which has taken place since my + message of July 23, 1890.<a href="#note-16"><small>16</small></a> +</p> +<p class="r"> + BENJ. HARRISON. +</p> +<p> </p><p> </p> + + + +<p class="r"> + EXECUTIVE MANSION, <i>January 10, 1891</i>. +</p> +<p> + <i>To the Senate and House of Representatives</i>: +</p> +<p> + I transmit herewith a memorial of the legislative assembly of the + Territory of Oklahoma, asking an appropriation for the relief of the + destitute people of that Territory. +</p> +<p class="r"> + BENJ. HARRISON. +</p> +<p> </p><p> </p> + + +<p class="r"> + EXECUTIVE MANSION, <i>January 16, 1891</i>. +</p> +<p> + <i>To the Senate and House of Representatives</i>: +</p> +<p> + I transmit herewith the report of the World's Columbian Commission, with + the accompanying papers. +</p> +<p class="r"> + BENJ. HARRISON. +</p> +<p> </p><p> </p> + + +<p class="r"> + EXECUTIVE MANSION, <i>January 19, 1891</i>. +</p> +<p> + <i>To the Senate and House of Representatives</i>: +</p> +<p> + I transmit herewith a communication of the 17th instant from the + Secretary of the Interior, submitting the agreement entered into between + the Crow Indians and the commission appointed to negotiate with them + for the sale to the United States of the western portion of their + reservation in Montana under the provisions of the act of September 25, + 1890. +</p> +<p> + It is thought important by the Department that this matter receive the + consideration of Congress during the present session. +</p> +<p class="r"> + BENJ. HARRISON. +</p> +<p> </p><p> </p> + + +<p class="r"> + EXECUTIVE MANSION, <i>January 26, 1891</i>. +</p> +<p> + <i>To the Senate and House of Representatives</i>: +</p> +<p> + I transmit herewith a letter of the Secretary of War, accompanied by + the final report of the board on gun factories and steel forgings for + high-power guns, and appendixes thereto. +</p> +<p class="r"> + BENJ. HARRISON. +</p> +<p> </p><p> </p> + + +<p class="r"> + EXECUTIVE MANSION, <i>January 26, 1891</i>. +</p> +<p> + <i>To the Senate and House of Representatives</i>: +</p> +<p> + I transmit herewith a letter of the Secretary of the Interior, + accompanied by a letter from the Commissioner of Indian Affairs, who + transmits a draft of a bill for compensating the Indians of the Crow + Creek Reservation for the loss sustained by them by reason of their + receiving less land per capita in their diminished reservations than is + to be received by Indians occupying other diminished reservations. +</p> +<p> + The matter is presented for the early consideration of the Congress. +</p> +<p class="r"> + BENJ. HARRISON. +</p> +<p> </p><p> </p> + + +<p class="r"> + EXECUTIVE MANSION, <i>January 31, 1891</i>. +</p> +<p> + <i>To the Senate and House of Representatives</i>: +</p> +<p> + The sudden death of the Hon. William Windom, Secretary of the Treasury, + in New York, on the evening of the 29th instant, has directed my + attention to the present state of the law as to the filling of a vacancy + occasioned by the death of the head of a Department. +</p> +<p> + I transmit herewith an opinion of the Attorney-General, from which + it will be seen that under the statutes in force no officer in the + Treasury Department or other person designated by me can exercise the + duties of Secretary of the Treasury for a longer period than ten days. + This limitation is, I am sure, unwise, and necessarily involves in + such a case as that now presented undue haste and even indelicacy. + The President should not be required to take up the question of the + selection of a successor before the last offices of affection and + respect have been paid to the dead. If the proprieties of an occasion as + sad as that which now overshadows us are observed, possibly one-half of + the brief time allowed is gone before, with due regard to the decencies + of life, the President and those with whom he should advise can take up + the consideration of the grave duty of selecting a head for one of the + greatest Departments of the Government. +</p> +<p> + Hasty action by the Senate is also necessarily involved, and + geographical limitations are practically imposed by the necessity of + selecting some one who can reach the capital and take the necessary oath + of office before the expiration of the ten days. +</p> +<p> + It may be a very proper restriction of the power of the President in + this connection that he shall not designate for any great length of time + a person to discharge these important duties who has not been confirmed + by the Senate, but there would seem to be no reason why one of the + assistant secretaries of the Department wherein the vacancy exists might + not discharge the duties of Secretary until a successor is selected, + confirmed, and qualified. The inconvenience of this limitation was made + apparent at the time of the death of Secretary Folger. President Arthur + in that case allowed one of the assistant secretaries, who had been + designated to act in the absence of the Secretary, to continue in the + discharge of such duties for ten days, then designated the same person + to discharge the duties for a further term of ten days, and then made a + temporary appointment as Secretary, in order to secure the consideration + that he needed in filling this important place. +</p> +<p> + I recommend such a modification of the existing law as will permit the + first or sole assistant, or, in the case of the Treasury Department, + where the assistants are not graded, that one who may be designated by + the President, to discharge the duties of the head of the Department + until a successor is appointed and qualified. +</p> +<p class="r"> + BENJ. HARRISON. +</p> +<p> </p><p> </p> + + +<p class="r"> + EXECUTIVE MANSION, <i>February 10, 1891</i>. +</p> +<p> + <i>To the Senate</i>: +</p> +<p> + I transmit herewith the correspondence called for by the resolution of + the Senate of the 6th instant, relating to the conduct of Commander + Reiter in connection with the arrest and killing of General Barrundia. +</p> +<p class="r"> + BENJ. HARRISON. +</p> +<p> </p><p> </p> + + +<p class="r"> + EXECUTIVE MANSION, <i>February 13, 1891</i>. +</p> +<p> + <i>To the Senate and House of Representatives</i>: +</p> +<p> + The Admiral of the Navy, David Dixon Porter, died at his residence + in the city of Washington this morning at 8.15 o'clock, in the + seventy-eighth year of his age. He entered the naval service as a + midshipman February 2, 1829, and had been since continuously in service, + having been made Admiral August 15, 1870. He was the son of Commodore + David Porter, one of the greatest of our naval commanders. His service + during the Civil War was conspicuously brilliant and successful, and + his death ends a very high and honorable career. His countrymen will + sincerely mourn his loss while they cherish with grateful pride the + memory of his deeds. To officers of the Navy his life will continue + to yield inspiration and encouragement. +</p> +<p class="r"> + BENJ. HARRISON. +</p> +<p> </p><p> </p> + + +<p class="r"> + EXECUTIVE MANSION, <i>Washington, D.C., February 14, 1891</i>. +</p> +<p> + <i>To the Senate and House of Representatives</i>: +</p> +<p> + I transmit herewith the sixth annual report of the Commissioner of + Labor. This report relates to the cost of producing iron and steel and + the materials of which iron is made in the United States and in Europe, + and the earnings, the efficiency, and the cost of living of the men + employed in such production. +</p> +<p class="r"> + BENJ. HARRISON. +</p> +<p> </p><p> </p> + + +<p class="r"> + EXECUTIVE MANSION, <i>February 14, 1891</i>. +</p> +<p> + <i>To the Senate and House of Representatives</i>: +</p> +<p> + The death of William Tecumseh Sherman, which took place to-day at his + residence in the city of New York, at 1 o'clock and 50 minutes p.m., is + an event that will bring sorrow to the heart of every patriotic citizen. + No living American was so loved and venerated as he. To look upon his + face, to hear his name, was to have one's love of country intensified. + He served his country, not for fame, not out of a sense of professional + duty, but for love of the flag and of the beneficent civil institutions + of which it was the emblem. He was an ideal soldier, and shared to the + fullest the <i>esprit de corps</i> of the Army; but he cherished the civil + institutions organized under the Constitution, and was a soldier only + that these might be perpetuated in undiminished usefulness and honor. + He was in nothing an imitator. +</p> +<p> + A profound student of military science and precedent, he drew from them + principles and suggestions, and so adapted them to novel conditions that + his campaigns will continue to be the profitable study of the military + profession throughout the world. His genial nature made him comrade to + every soldier of the great Union Army. No presence was so welcome and + inspiring at the camp fire or commandery as his. His career was + complete; his honors were full. He had received from the Government the + highest rank known to our military establishment and from the people + unstinted gratitude and love. No word of mine can add to his fame. His + death has followed in startling quickness that of the Admiral of the + Navy; and it is a sad and notable incident that when the Department + under which he served shall have put on the usual emblems of mourning + four of the eight Executive Departments will be simultaneously draped + in black, and one other has but today removed the crape from its walls. +</p> +<p class="r"> + BENJ. HARRISON. +</p> +<p> </p><p> </p> + + +<p class="r"> + EXECUTIVE MANSION, <i>February 26, 1891</i>. +</p> +<p> + <i>To the Senate and House of Representatives</i>: +</p> +<p> + I transmit herewith a report of the Secretary of State and accompanying + documents, in relation to the execution of letters rogatory in foreign + countries. +</p> +<p class="r"> + BENJ. HARRISON. +</p> +<p> </p><p> </p> + + +<p class="r"> + EXECUTIVE MANSION, <i>February 26, 1891</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I transmit herewith, in reply to the resolution of the Senate of the 9th + instant, a report from the Secretary of State, accompanied by the papers + relating to the commercial arrangement recently entered into with + Brazil. +</p> +<p class="r"> + BENJ. HARRISON. +</p> +<p> </p><p> </p> + + +<p class="r"> + EXECUTIVE MANSION, <i>March 3, 1891</i>. +</p> +<p> + <i>To the Senate</i>: +</p> +<p> + In accordance with the resolution of the Senate of this date, I return + herewith Senate bill 1453, to provide for the purchase of a site and the + erection of a public building thereon at Saginaw, in the State of + Michigan. +</p> +<p class="r"> + BENJ. HARRISON. +</p> + +<div style="height: 4em;"><br><br><br><br></div> + +<h2> + VETO MESSAGES. +</h2> +<p class="r"> + EXECUTIVE MANSION, <i>December 24, 1890</i>. +</p> +<p> + <i>To the Senate</i>: +</p> +<p> + I return to the Senate, in which it originated, with my objections, the + bill (No. 544) "to provide for the purchase of a site and the erection + of a public building thereon at Bar Harbor, in the State of Maine." The + statement of a few facts will show, I think, that the public needs do + not justify the contemplated expenditure of $75,000 for the erection + of a public building at Bar Harbor. Only one public office, the + post-office, is to be accommodated. It appears from a report of the + Postmaster-General that the rent paid by the United States for a room + containing 875 square feet of floor space was in 1888 $300 and the + expenditure for fuel and lights $60. One clerk was employed in the + office and no carriers. The gross postal receipts for that year were + $7,000. Bar Harbor is almost wholly a summer resort. The population of + the town of Eden, of which Bar Harbor forms a part, as taken by the + census enumerators, was less than 2,000. During one quarter of the year + this population is largely increased by summer residents and visitors, + but for the other three quarters is not much above the census + enumeration. The postal receipts for 1890 by quarters show that for more + than half the year the gross receipts of the post-office are about $8 + per day. The salary of a janitor for the new building would be more than + twice the present cost to the Government of rent, fuel, and lights. + I can not believe that upon reconsideration the Congress will approve + the contemplated expenditure. +</p> +<p class="r"> + BENJ. HARRISON. +</p> +<p> </p><p> </p> + + +<p class="r"> + EXECUTIVE MANSION, <i>January 26, 1891</i>. +</p> +<p> + <i>To the House of Representatives</i>: +</p> +<p> + I return herewith without my approval the bill (H.R. 12365) entitled + "An act to authorize Oklahoma City, in Oklahoma Territory, to issue + bonds to provide a right of way for the Choctaw Coal and Railway Company + through said city." This bill authorizes the corporation of Oklahoma + City to issue corporate bonds to the amount of $40,000 for the purpose + of providing the right of way for a railroad company through the city, + if the proposition shall receive the assent of a majority of the legal + voters at an election to be called for that purpose. +</p> +<p> + It is attempted to distinguish this case from the ordinary case of + a municipal grant to a railway company by the fact that this railway + company had located its line through the lands afterwards settled upon + under the town-site law before such settlement, and that the route thus + located cuts the plat of the city diagonally and in a way to be very + injurious to property interests. +</p> +<p> + Upon an examination of the facts it appears to me to be clear that no + legal location was made by the railway company prior to the acquisition + of the lands by the occupying settlers. Some preliminary surveys had + been made, but no map of location had been filed with the Secretary of + the Interior. If the rights of this company at this point of its road + as to right of way are derived from the general statute of the United + States upon that subject (U. S. Revised Statutes, Supplement, p. 87), + then section 4 distinctly saves the right of any settler who had located + prior to the filing of a profile of the road and the approval by the + Secretary of the Interior thereof. And if, on the other hand, the rights + of the company at the point indicated are derived from the act of + Congress of February 18, 1888, "to authorize the Choctaw Coal and + Railway Company to construct and operate a railway through the Indian + Territory, and for other purposes," section 6 of that act also plainly + protects the right of any occupying claimant. The latter statute, it + seems to me, was intended to grant a right of way only through Indian + lands, and if these lands were not such the general statute to which + I have referred would apply; but in either event the conclusion is the + same. +</p> +<p> + It appears from the report of the committee that its favorable action, + and, I must assume, the favorable action of Congress, proceeded upon the + theory that there was a real controversy, doubtful as to its issue, as + to the right of the railroad company to hold the line of its survey + through the city. +</p> +<p> + Stripped, then, of this claim the proposition is nakedly one to + authorize Oklahoma City to donate $40,000 to the Choctaw Coal and + Railway Company. The general statute of the United States prohibits + such grants, and this must stand until repealed as a continuing + expression of legislative opinion. If a departure from this rule is to + be allowed at all, certainly it should only be where the circumstances + are exceptional. Such circumstances, in my opinion, do not exist in + this case. Already I have received from other cities in the Territory + protests against special legislation of this sort, accompanied by the + suggestion that if this policy is admitted other cities shall also be + allowed to encourage the building of roads by donation. +</p> +<p> + Oklahoma City, according to the report of the Census Office, has a + population of about 4,100, and this donation would be equivalent to + nearly $10 per capita. Very little real estate, whether town-site or + country property, in this Territory is yet subject to assessment for + taxation. The people have not yet had time to accumulate, and Congress + has received appeals for aid to relieve a prevailing distress which the + Territorial authorities have found themselves unable to deal with. It + does not seem to me, in view of all these facts, that the wholesome rule + prescribed by the general statute should be departed from. +</p> +<p class="r"> + BENJ. HARRISON. +</p> +<p> </p><p> </p> + + +<p class="r"> + EXECUTIVE MANSION, <i>February 26, 1891</i>. +</p> +<p> + <i>To the Senate</i>: +</p> +<p> + I return to the Senate without my approval the bill (S. 4620) "to + establish the Record and Pension Office of the War Department, and for + other purposes." +</p> +<p> + This bill proposes to change the designation of one of the divisions of + the War Department. It is now the "Record and Pension Division," and it + is proposed that it shall hereafter be the "Record and Pension Office" + of the War Department. The scope of the work assigned to this division + or office is not changed, but the organization now existing under + a classification made by the Secretary of War is by the bill made + permanent and put beyond the control of the Secretary. The change of + designation seems to have been intended to add dignity to the position, + and the effect of the bill is probably to require that the chief of this + office shall hereafter be appointed only by and with the advice and + consent of the Senate, though it is not clear that any provision is made + for a chief after the particular person designated in the bill has been + separated from the place or in case he is not appointed. +</p> +<p> + The real object of the bill is disclosed in the following clause: +</p> +<p class="q"> + The President is hereby authorized to nominate and, by and with the + advice and consent of the Senate, to appoint the officer now in charge + of said Record and Pension Division to be a colonel in the Army and + chief of said office. +</p> +<p> + It is fairly to be implied from the bill that in the opinion of Congress + the public interests would be promoted by making the contemplated change + in the grade of this office and by giving the rank and pay of a colonel + in the Army to the chief. A new and rather anomalous office is therefore + created—that of "colonel in the Army and chief of the Record and + Pension Office of the War Department"—but upon the condition that the + President shall nominate a particular person to fill it. I do not think + it is competent for Congress to designate the person who shall fill an + office created by law, and practically nothing remains of the bill under + consideration if this person is not to be appointed. The office is an + important one, connected with the active civil administration of the War + Department. I can not agree that the selection of the officer shall be + taken out of the discretion of the Executive, where the responsibility + for good administration necessarily rests. It is probably true that the + officer intended to be benefited is peculiarly deserving and has had + remarkable success in the discharge of the duties of the office; but + these are considerations for the appointing power, and might safely have + been left there. +</p> +<p> + If this particular appointment was backed by reasons so obvious as + to secure the support of both Houses of Congress, it should have been + assumed that these reasons could have been made obvious to the Executive + by the ordinary methods. In connection with the Army and Navy retired + lists, legislation akin to this has become quite frequent, too frequent + in my opinion; but these laws have been regarded as grants of pensions + rather than of offices. +</p> +<p> + If it is to be allowed that active places connected with the Executive + Departments can be created upon condition that particular persons are or + are not to be designated to fill them, the power of appointment might be + wholly diverted from the Executive to the Congress. +</p> +<p class="r"> + BENJ. HARRISON. +</p> +<p> </p><p> </p> + + +<p class="r"> + EXECUTIVE MANSION, <i>March 2, 1891</i>. +</p> +<p> + <i>To the Senate</i>: +</p> +<p> + I return herewith without my approval the bill (S. 3270) "for the relief + of the administratrix of the estate of George W. Lawrence." +</p> +<p> + If I rightly construe this bill, it authorizes the Court of Claims to + give judgment in favor of the contractor with the United States for + the construction of the vessels named (<i>Agawam</i> and <i>Pontoosuc</i>) for + the difference between the contract price and the actual cost to the + contractor of building the vessels, subject only to the condition that + nothing shall be allowed for any advance in the price of labor or + material unless such advance occurred during the prolonged term for + completing the work rendered necessary by delay resulting from the + action of the Government. The bill is somewhat obscure, but I have, + I think, correctly stated the legal effect of it. +</p> +<p> + Undoubtedly in contracts made for army and navy supplies and + construction during the early days of the war there was not infrequently + loss to the contractor by reason of the advance in the cost of labor + resulting from the withdrawal of so large a body of men for service in + the field and the indirect result of this upon the cost of material; but + I can not believe that it is the purpose of Congress to reopen such + contracts at this late day and to pay to the contractors the cost of the + work or material which they stipulated to do or deliver at fixed prices. + In the matter of another vessel constructed by this same claimant and + in the case of one other similar claim I approved bills at the last + session, but they carefully limited any finding by the Court of Claims + to such losses as necessarily resulted from the interference by the + Government with the progress of the work, thus creating delays and + enhanced cost. +</p> +<p> + In those cases the Government only undertook to make good losses + resulting directly and unavoidably from its own acts. If the principle + which seems to me to be embodied in the bill under consideration is + adopted, I do not see how the Congress can refuse in all cases of all + sorts of contracts to make good the losses resulting from appreciation + in the cost of labor and material. The expenditure that such a policy + would entail is incalculable, and the policy itself is, in my judgment, + indefensible. The bill at the last session for the relief of this + claimant in the case of another vessel constructed by him was, as I have + said, carefully put upon the lines I have indicated, and if this claim + could have been maintained upon, those lines I assume that the bill + would have been similar in its provisions. +</p> +<p class="r"> + BENJ. HARRISON. +</p> + +<div style="height: 4em;"><br><br><br><br></div> + +<h2> + PROCLAMATIONS. +</h2> +<h3> + BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. +</h3> +<h4> + A PROCLAMATION. +</h4> +<p> + Whereas satisfactory proof has been presented to me that provision has + been made for adequate grounds and buildings for the uses of the World's + Columbian Exposition, and that a sum not less than $10,000,000, to be + used and expended for the purposes of said exposition, has been provided + in accordance with the conditions and requirements of section 10 of + an act entitled "An act to provide for celebrating the four hundredth + anniversary of the discovery of America by Christopher Columbus by + holding an international exhibition of arts, industries, manufactures, + and the products of the soil, mine, and sea, in the city of Chicago, + in the State of Illinois," approved April 25, 1890: +</p> +<p> + Now, therefore, I, Benjamin Harrison, President of the United States, by + virtue of the authority vested in me by said act, do hereby declare and + proclaim that such international exhibition will be opened on the 1st + day of May, in the year 1893, in the city of Chicago, in the State of + Illinois, and will not be closed before the last Thursday in October of + the same year. And in the name of the Government and of the people of + the United States I do hereby invite all the nations of the earth to + take part in the commemoration of an event that is preeminent in human + history and of lasting interest to mankind by appointing representatives + thereto and sending such exhibits to the World's Columbian Exposition as + will most fitly and fully illustrate their resources, their industries, + and their progress in civilization. +</p> +<p> + In testimony whereof I have hereunto set my hand and caused the seal of + the United States to be affixed. +</p> +<p> + [SEAL.] +</p> +<p> + Done at the city of Washington, this 24th day of December, 1890, and of + the Independence of the United States the one hundred and fifteenth. +</p> +<p class="r"> + BENJ. HARRISON. +</p> +<p><br> +By the President:<br> + JAMES G. BLAINE,<br> + <i>Secretary of State</i>. +</p> +<p> </p><p> </p> + +<h3> + BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. +</h3> +<h4> + A PROCLAMATION. +</h4> +<p> + Whereas, pursuant to section 3 of the act of Congress approved October + 1, 1890, entitled "An act to reduce the revenue and equalize duties on + imports, and for other purposes," the Secretary of State of the United + States of America communicated to the Government of the United States of + Brazil the action of the Congress of the United States of America, with + a view to secure reciprocal trade, in declaring the articles enumerated + in said section 3, to wit, sugars, molasses, coffee, and hides, to be + exempt from duty upon their importation into the United States of + America; and +</p> +<p> + Whereas the envoy extraordinary and minister plenipotentiary of Brazil + at Washington has communicated to the Secretary of State the fact that, + in due reciprocity for and in consideration of the admission into the + United States of America free of all duty of the articles enumerated in + section 3 of said act, the Government of Brazil has by legal enactment + authorized the admission, from and after April 1, 1891, into all the + established ports of entry of Brazil, free of all duty, whether + national, state, or municipal, of the articles or merchandise named in + the following schedule, provided that the same be the product and + manufacture of the United States of America: +</p> +<p class="q" style="text-align: center;"> + 1.—SCHEDULE OF ARTICLES TO BE ADMITTED FREE INTO BRAZIL.<br> +</p> +<p class="q"><br> + Wheat.<br> + Wheat flour.<br> + Corn or maize and the manufactures thereof, including corn meal and + starch.<br> + Rye, rye flour, buckwheat, buckwheat flour, and barley.<br> + Potatoes, beans, and pease.<br> + Hay and oats.<br> + Pork, salted, including pickled pork and bacon, except hams.<br> + Fish, salted, dried, or pickled.<br> + Cotton-seed oil.<br> + Coal, anthracite and bituminous.<br> + Rosin, tar, pitch, and turpentine.<br> + Agricultural tools, implements, and machinery.<br> + Mining and mechanical tools, implements, and machinery, including + stationary and portable engines and all machinery for manufacturing + and industrial purposes, except sewing machines.<br> + Instruments and books for the arts and sciences.<br> + Railway construction material and equipment.<br> +</p> +<p> + And that the Government of Brazil has by legal enactment further + authorized the admission into all the established ports of entry of + Brazil, with a reduction of 25 per cent of the duty designated on the + respective article in the tariff now in force or which may hereafter + be adopted in the United States of Brazil, whether national, state, + or municipal, of the articles or merchandise named in the following + schedule, provided that the same be the product or manufacture of the + United States of America: +</p> +<p class="q" style="text-align: center;"> + 2.—SCHEDULE OF ARTICLES TO BE ADMITTED INTO BRAZIL, WITH A REDUCTION + OF DUTY OF 25 PER CENT. +</p> +<p class="q"><br> + Lard and substitutes therefor.<br> + Bacon hams.<br> + Butter and cheese.<br> + Canned and preserved meats, fish, fruits, and vegetables.<br> + Manufactures of cotton, including cotton clothing.<br> + Manufactures of iron and steel, single or mixed, not included in the + foregoing free schedule.<br> + Leather and the manufactures thereof, except boots and shoes.<br> + Lumber, timber, and the manufactures of wood, including cooperage, + furniture of all kinds, wagons, carts, and carriages.<br> + Manufactures of rubber.<br> +</p> +<p> + And that the Government of Brazil has further provided that the laws + and regulations adopted to protect its revenue and prevent fraud in the + declarations and proof that the articles named in the foregoing schedules + are the product or manufacture of the United States of America shall + place no undue restrictions on the importer nor impose any additional + charges or fees therefor on the articles imported; +</p> +<p> + And whereas the Secretary of State has, by my direction, given assurance + to the envoy extraordinary and minister plenipotentiary of Brazil at + Washington that this action of the Government of Brazil in granting + exemption of duties to the products and manufactures of the United + States of America is accepted as a due reciprocity for the action of + Congress as set forth in section 3 of said act: +</p> +<p> + Now, therefore, be it known that I, Benjamin Harrison, President of the + United States of America, have caused the above-stated modifications of + the tariff law of Brazil to be made public for the information of the + citizens of the United States of America. +</p> +<p> + In testimony whereof I have hereunto set my hand and caused the seal of + the United States to be affixed. +</p> +<p> + [SEAL.] +</p> +<p> + Done at the city of Washington, this 5th day of February, 1891, and of + the Independence of the United States of America the one hundred and + fifteenth. +</p> +<p class="r"> + BENJ. HARRISON. +</p> +<p><br> +By the President:<br> + JAMES G. BLAINE,<br> + <i>Secretary of State</i>. +</p> +<p> </p><p> </p> + +<h3> + BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. +</h3> +<h4> + A PROCLAMATION. +</h4> +<p> + Whereas it is provided by section 24 of an act approved March 3, 1891, + entitled "An act to repeal timber-culture laws, and for other + purposes"— +</p> +<p class="q"> + That the President of the United States may from time to time set apart + and reserve in any State or Territory having public land bearing + forests, in any part of the public lands wholly or in part covered with + timber or undergrowth, whether of commercial value or not, as public + reservations; and the President shall by public proclamation declare + the establishment of such reservations and limits thereof. +</p> +<p> + Now, therefore, I, Benjamin Harrison, President of the United States, by + virtue of the power in me vested, do hereby make known and proclaim that + there has been and is hereby reserved from entry or settlement and set + apart for a public forest reservation all that tract of land situate in + the State of Wyoming contained within the following-described + boundaries: +</p> +<p> + Beginning at a point on the parallel of 44° 50' where said parallel is + intersected by the meridian of 110° west longitude; thence due east + along said parallel to the meridian of 109° 30' west longitude; thence + due south along said meridian to the forty-fourth parallel of north + latitude; thence due west along said parallel to its point of + intersection with the west boundary of the State of Wyoming; thence due + north along said boundary line to its intersection with the south + boundary of the Yellowstone National Park. +</p> +<p> + Warning is hereby expressly given to all persons not to enter or make + settlement upon the tract of land reserved by this proclamation. +</p> +<p> + In witness whereof I have hereunto set my hand and caused the seal of + the United States to be affixed. +</p> +<p> + [SEAL.] +</p> +<p> + Done at the city of Washington, this 30th day of March, A.D.1891, and of + the Independence of the United States the one hundred and fifteenth. +</p> +<p class="r"> + BENJ. HARRISON. +</p> +<p><br> +By the President:<br> + JAMES G. BLAINE,<br> + <i>Secretary of State</i>. +</p> +<p> </p><p> </p> + +<h3> + BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. +</h3> +<h4> + A PROCLAMATION. +</h4> +<p> + The following provisions of the laws of the United States are hereby + published for the information of all concerned: +</p> +<p> + Section 1956, Revised Statutes, chapter 3, Title XXIII, enacts that— +</p> +<p class="q"> + No person shall kill any otter, mink, marten, sable, or fur seal, or + other fur-bearing animal within the limits of Alaska Territory or in + the waters thereof; and every person guilty thereof shall for each + offense be fined not less than $200 nor more than $1,000, or imprisoned + not more than six months, or both; and all vessels, their tackle, + apparel, furniture, and cargo, found engaged in violation of this + section shall be forfeited; but the Secretary of the Treasury shall + have power to authorize the killing of any such mink, marten, sable, or + other fur-bearing animal, except fur seals, under such regulations as + he may prescribe; and it shall be the duty of the Secretary to prevent + the killing of any fur seal and to provide for the execution of the + provisions of this section until it is otherwise provided by law, nor + shall he grant any special privileges under this section. +</p> +<hr> +<p> + Section 3 of the act entitled "An act to provide for the protection of + the salmon fisheries of Alaska," approved March 2, 1889, provides that— +</p> +<p class="q"> + SEC. 3. That section 1956 of the Revised Statutes of the United States + is hereby declared to include and apply to all the dominion of the + United States in the waters of Bering Sea, and it shall be the duty + of the President at a timely season in each year to issue his + proclamation, and cause the same to be published for one month in at + least one newspaper (if any such there be) published at each United + States port of entry on the Pacific coast, warning all persons against + entering such waters for the purpose of violating the provisions of + said section, and he shall also cause one or more vessels of the United + States to diligently cruise said waters and arrest all persons and + seize all vessels found to be or to have been engaged in any violation + of the laws of the United States therein. +</p> +<p> + Now, therefore, I, Benjamin Harrison, President of the United States, + pursuant to the above-recited statutes, hereby warn all persons against + entering the waters of Bering Sea within the dominion of the United + States for the purpose of violating the provisions of said section 1956, + Revised Statutes; and I hereby proclaim that all persons found to be or + to have been engaged in any violation of the laws of the United States + in said waters will be arrested and punished as above provided, and that + all vessels so employed, their tackle, apparel, furniture, and cargoes, + will be seized and forfeited. +</p> +<p> + In testimony whereof I have hereunto set my hand and caused the seal of + the United States to be affixed. +</p> +<p> + [SEAL.] +</p> +<p> + Done at the city of Washington, this 4th day of April, 1891, and of the + Independence of the United States the one hundred and fifteenth. +</p> +<p class="r"> + BENJ. HARRISON. +</p> +<p><br> +By the President:<br> + JAMES G. BLAINE,<br> + <i>Secretary of State</i>. +</p> +<p> </p><p> </p> + +<h3> + BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. +</h3> +<h4> + A PROCLAMATION. +</h4> +<p> + Whereas, pursuant to an act of Congress approved May 15, 1886, entitled + "An act making appropriations for the current and contingent expenses + of the Indian Department and for fulfilling treaty stipulations with + various tribes for the year ending June 30, 1887, and for other + purposes," an agreement was entered into on the 14th day of December, + 1886, by John V. Wright, Jared W. Daniels, and Charles F. Larrabee, + commissioners on the part of the United States, and the Arickaree, Gros + Ventre, and Mandan tribes of Indians, residing on the Fort Berthold + Reservation, in the then Territory of Dakota, now State of North Dakota, + embracing a majority of all the male adult members of said tribes; and +</p> +<p> + Whereas by an act of Congress approved March 3, 1891, entitled "An act + making appropriations for the current and contingent expenses of the + Indian Department and for fulfilling treaty stipulations with various + Indian tribes for the year ending June 30, 1892, and for other + purposes," the aforesaid agreement of December 14, 1886, was accepted, + ratified, and confirmed, except as to article 6 thereof, which was + modified and changed on the part of the United States so as to read + as follows: +</p> +<p class="q"> + That the residue of lands within said diminished reservation, after all + allotments have been made as provided in article 3 of this agreement, + shall be held by the said tribes of Indians as a reservation. +</p> +<p> + And whereas it is provided in said last above-mentioned act— +</p> +<p class="q"> + That this act shall take effect only upon the acceptance of the + modification and changes made by the United States as to article 6 of + the said agreement by the said tribes of Indians in manner and form as + said agreement was assented to, which said acceptance and consent shall + be made known by proclamation by the President of the United States, + upon satisfactory proof presented to him that the said acceptance and + consent have been obtained in such manner and form. +</p> +<p> + And whereas satisfactory proof has been presented to me that the + acceptance of and consent to the provisions of the act last named by + the different bands of Indians residing on said reservation have been + obtained in manner and form as said agreement of December 14, 1886, + was assented to: +</p> +<p> + Now, therefore, I, Benjamin Harrison, President of the United States, by + virtue of the power in me vested, do hereby make known and proclaim the + acceptance of and consent to the modification and changes made by the + United States as to article 6 of said agreement by said tribe of Indians + as required by the act, and said act is hereby declared to be in full + force and effect, subject to all provisions, conditions, limitations, + and restrictions therein contained. +</p> +<p> + All persons will take notice of the provisions of said act and of the + conditions and restrictions therein contained, and be governed + accordingly. +</p> +<p> + I furthermore notify all persons to particularly observe that + a certain portion of the said Fort Berthold Reservation not ceded and + relinquished by said agreement is reserved for allotment to, and also + as a reservation for, the said tribes of Indians; and all persons are + therefore hereby warned not to go upon any of the lands so reserved for + any purpose or with any intent whatsoever, as no settlement or other + rights can be secured upon said lands, and all persons found unlawfully + thereon will be dealt with as trespassers and intruders; and I hereby + declare all the lands sold, ceded, and relinquished to the United States + under said agreement, namely, "all that portion of the Fort Berthold + Reservation, as laid down upon the official map of the" (then) + "Territory of Dakota published by the General Land Office in the year + 1885, lying north of the forty-eighth parallel of north latitude, and + also all that portion lying west of a north and south line 6 miles west + of the most westerly point of the big bend of the Missouri River, south + of the forty-eighth parallel of north latitude," open to settlement and + subject to disposal as provided in section 25 of the act of March 3, + 1891, aforesaid (26 U.S. Statutes at Large, p. 1035). +</p> +<p> + In witness whereof I have hereunto set my hand and caused the seal of + the United States to be affixed. +</p> +<p> + [SEAL.] +</p> +<p> + Done at the city of Washington, this 20th day of May, A.D. 1891, and of + the Independence of the United States the one hundred and fifteenth. +</p> +<p class="r"> + BENJ. HARRISON. +</p> +<p><br> +By the President:<br> + WILLIAM F. WHARTON,<br> + <i>Acting Secretary of State</i>. +</p> +<p> </p><p> </p> + +<h3> + BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. +</h3> +<h4> + A PROCLAMATION. +</h4> +<p> + Whereas an agreement for a <i>modus vivendi</i> between the Government of the + United States and the Government of Her Britannic Majesty in relation to + the fur-seal fisheries in Bering Sea was concluded on the 15th day of + June, A.D. 1891, word for word as follows: +</p> +<p class="q" style="text-align: center;"> + AGREEMENT BETWEEN THE GOVERNMENT OF THE UNITED STATES AND THE GOVERNMENT + OF HER BRITANNIC MAJESTY FOR A MODUS VIVENDI IN RELATION TO THE FUR-SEAL + FISHERIES IN BERING SEA. +</p><p class="q"> + For the purpose of avoiding irritating differences and with a view to + promote the friendly settlement of the questions pending between the two + Governments touching their respective rights in Bering Sea, and for the + preservation of the seal species, the following agreement is made + without prejudice to the rights or claims of either party: +</p><p class="q"> + (1) Her Majesty's Government will prohibit until May next seal killing + in that part of Bering Sea lying eastward of the line of demarcation + described in article No. 1 of the treaty of 1867 between the United + States and Russia, and will promptly use its best efforts to insure the + observance of this prohibition by British subjects and vessels. +</p><p class="q"> + (2) The United States Government will prohibit seal killing for the same + period in the same part of Bering Sea and on the shores and islands + thereof the property of the United States (in excess of 7,500 to be + taken on the islands for the subsistence and care of the natives), and + will promptly use its best efforts to insure the observance of this + prohibition by United States citizens and vessels. +</p><p class="q"> + (3) Every vessel or person offending against this prohibition in the + said waters of Bering Sea outside of the ordinary territorial limits of + the United States may be seized and detained by the naval or other duly + commissioned officers of either of the high contracting parties, but + they shall be handed over as soon as practicable to the authorities of + the nation to which they respectively belong, who shall alone have + jurisdiction to try the offense and impose the penalties for the same. + The witnesses and proofs necessary to establish the offense shall also + be sent with them. +</p><p class="q"> + (4) In order to facilitate such proper inquiries as Her Majesty's + Government may desire to make with a view to the presentation of the + case of that Government before arbitrators, and in expectation that an + agreement for arbitration may be arrived at, it is agreed that suitable + persons designated by Great Britain will be permitted at any time, upon + application, to visit or to remain upon the seal islands during the + present sealing season for that purpose. +</p><p class="q"> + Signed and sealed in duplicate at Washington, this 15th day of June, + 1891, on behalf of their respective Governments, by William F. Wharton, + Acting Secretary of State of the United States, and Sir Julian + Pauncefote, G.C.M.G., K.C.B., H.B.M. envoy extraordinary and minister + plenipotentiary. +</p><p class="q"> + WILLIAM F. WHARTON. [SEAL.] +</p><p class="q"> + JULIAN PAUNCEFOTE. [SEAL.] +</p> +<p> + Now, therefore, be it known that I, Benjamin Harrison, President of the + United States of America, have caused the said agreement to be made + public, to the end that the same and every part thereof may be observed + and fulfilled with good faith by the United States of America and the + citizens thereof. +</p> +<p> + In witness whereof I have hereunto set my hand and caused the seal of + the United States to be affixed. +</p> +<p> + [SEAL.] +</p> +<p> + Done at the city of Washington, this 15th day of June, A.D. 1891, and of + the Independence of the United States the one hundred and fifteenth. +</p> +<p class="r"> + BENJ. HARRISON. +</p> +<p><br> +By the President:<br> + WILLIAM F. WHARTON,<br> + <i>Acting Secretary of State</i>. +</p> +<p> </p><p> </p> + +<h3> + BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. +</h3> +<h4> + A PROCLAMATION. +</h4> +<p> + Whereas it is provided by section 13 of the act of Congress of March 3, + 1891, entitled "An act to amend Title LX, chapter 3, of the Revised + Statutes of the United States, relating to copyrights," that said act + "shall only apply to a citizen or a subject of a foreign state or nation + when such foreign state or nation permits to citizens of the United + States of America the benefit of copyright on substantially the same + basis as its own citizens, or when such foreign state or nation is a + party to an international agreement which provides for reciprocity in + the granting of copyright, by the terms of which agreement the United + States of America may at its pleasure become a party to such agreement;" + and +</p> +<p> + Whereas it is also provided by said section that "the existence of + either of the conditions aforesaid shall be determined by the President + of the United States by proclamation made from time to time as the + purposes of this act may require;" and +</p> +<p> + Whereas satisfactory official assurances have been given that in + Belgium, France, Great Britain and the British possessions, and + Switzerland the law permits to citizens of the United States the benefit + of copyright on substantially the same basis as to the citizens of those + countries: +</p> +<p> + Now, therefore, I, Benjamin Harrison, President of the United States + of America, do declare and proclaim that the first of the conditions + specified in section 13 of the act of March 3, 1891, is now fulfilled in + respect to the citizens or subjects of Belgium, France, Great Britain, + and Switzerland. +</p> +<p> + In testimony whereof I have hereunto set my hand and caused the seal of + the United States to be affixed. +</p> +<p> + [SEAL.] +</p> +<p> + Done at the city of Washington, this 1st day of July, 1891, and of the + Independence of the United States the one hundred and fifteenth. +</p> +<p class="r"> + BENJ. HARRISON. +</p> +<p><br> +By the President:<br> + WILLIAM F. WHARTON,<br> + <i>Acting Secretary of State</i>. +</p> +<p> </p><p> </p> + +<h3> + BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. +</h3> +<h4> + A PROCLAMATION. +</h4> +<p> + Whereas, pursuant to section 3 of the act of Congress approved October + 1, 1890, entitled "An act to reduce the revenue and equalize duties on + imports, and for other purposes," the Secretary of State of the United + States of America communicated to the Government of Spain the action + of the Congress of the United States of America, with a view to secure + reciprocal trade, in declaring the articles enumerated in said section + 3, to wit, sugars, molasses, coffee, and hides, to be exempt from duty + upon their importation into the United States of America; and +</p> +<p> + Whereas the envoy extraordinary and minister plenipotentiary of Spain at + Washington has communicated to the Secretary of State the fact that, in + reciprocity and compensation for the admission into the United States of + America free of all duty of the articles enumerated in section 3 of said + act, the Government of Spain will by due legal enactment and as a + provisional measure admit, from and after September 1, 1891, into all + the established ports of entry of the Spanish islands of Cuba and Puerto + Rico the articles or merchandise named in the following transitory + schedule, on the terms stated therein, provided that the same be the + product or manufacture of the United States and proceed directly from + the ports of said States: +</p> +<center> + TRANSITORY SCHEDULE. +</center> +<p class="q"> + Products or manufactures of the United States to be admitted into Cuba + and Puerto Rico free of duties: +<br> + 1. Meats, in brine, salted or smoked, bacon, hams, and meats preserved + in cans, in lard or by extraction of air, jerked beef excepted. +<br> + 2. Lard. +<br> + 3. Tallow and other animal greases, melted or crude, unmanufactured. +<br> + 4. Fish and shellfish, live, fresh, dried, in brine, smoked, pickled, + oysters and salmon in cans. +<br> + 5. Oats, barley, rye, and buckwheat, and flour of these cereals. +<br> + 6. Starch, maizena, and other alimentary products of corn, except corn + meal. +<br> + 7. Cotton seed, oil and meal cake of said seed for cattle. +<br> + 8. Hay, straw for forage, and bran. +<br> + 9. Fruits, fresh, dried, and preserved, except raisins. +<br> + 10. Vegetables and garden products, fresh and dried. +<br> + 11. Resin of pine, tar, pitch, and turpentine. +<br> + 12. Woods of all kinds, in trunks or logs, joists, rafters, planks, + beams, boards, round or cylindric masts, although cut, planed, and + tongued and grooved, including flooring. +<br> + 13. Woods for cooperage, including staves, headings, and wooden hoops. +<br> + 14. Wooden boxes, mounted or unmounted, except of cedar. +<br> + 15. Woods, ordinary, manufactured into doors, frames, windows, and + shutters, without paint or varnish, and wooden houses, unmounted, + without paint or varnish. +<br> + 16. Wagons and carts for ordinary roads and agriculture. +<br> + 17. Sewing machines. +<br> + 18. Petroleum, raw or unrefined, according to the classification fixed + in the existing orders for the importation of this article in said + islands. +<br> + 19. Coal, mineral. +<br> + 20. Ice. +<br> + Products or manufactures of the United States to be admitted into Cuba + and Puerto Rico on payment of the duties stated: +<br> + 21. Corn or maize, 25 cents per 100 kilograms. +<br> + 22. Corn meal, 25 cents per 100 kilograms. +<br> + 23. Wheat, from January 1, 1892, 30 cents per 100 kilograms. +<br> + 24. Wheat flour, from January 1, 1892, $1 per 100 kilograms. +<br> + Products or manufactures of the United States to be admitted into Cuba + and Puerto Rico at a reduction of duty of 25 per cent: +<br> + 25. Butter and cheese. +<br> + 26. Petroleum, refined. +<br> + 27. Boots and shoes in whole or in part of leather or skins. +</p> +<p> + And whereas the envoy extraordinary and minister plenipotentiary of + Spain in Washington has further communicated to the Secretary of State + that the Government of Spain will in like manner and as a definitive + arrangement admit, from and after July 1, 1892, into all the established + ports of, entry of the Spanish islands of Cuba and Puerto Rico the + articles or merchandise named in the following schedules A, B, C, and D, + on the terms stated therein, provided that the same be the product or + manufacture of the United States and proceed directly from the ports of + said States: +</p> +<center> + SCHEDULE A. +</center> +<p class="q"> + Products or manufactures of the United States to be admitted into Cuba + and Puerto Rico free of duties: +<br> + 1. Marble, jasper, and alabaster, natural or artificial, in rough or + in pieces, dressed, squared, and prepared for taking shape. +<br> + 2. Other stones and earthy matters, including cement, employed in + building, the arts and industries. +<br> + 3. Waters, mineral or medicinal. +<br> + 4. Ice. +<br> + 5. Coal, mineral. +<br> + 6. Resin, tar, pitch, turpentine, asphalt, schist, and bitumen. +<br> + 7. Petroleum, raw or crude, in accordance with the classification + fixed in the tariff of said islands. +<br> + 8. Clay, ordinary, in paving tiles, large and small, bricks, and roof + tiles unglazed, for the construction of buildings, ovens, and other + similar purposes. +<br> + 9. Gold and silver coin. +<br> + 10. Iron, cast, in pigs, and old iron and steel. +<br> + 11. Iron, cast, in pipes, beams, rafters, and similar articles for + the construction of buildings and in ordinary manufactures. + (See repertory.) +<br> + 12. Iron, wrought, and steel, in bars, rails and bars of all kinds, + plates, beams, rafters, and other similar articles for construction + of buildings. +<br> + 13. Iron, wrought, and steel, in wire, nails, screws, nuts, and pipes. +<br> + 14. Iron, wrought, and steel, in ordinary manufactures, and wire cloth + unmanufactured. (See repertory.) +<br> + 15. Cotton, raw, with or without seed. +<br> + 16. Cotton seed, oil and meal cake of same for cattle. +<br> + 17. Tallow and all other animal greases, melted or crude, + unmanufactured. +<br> + 18. Books and pamphlets, printed, bound and unbound. +<br> + 19. Woods of all kinds, in trunks or logs, joists, rafters, planks, + beams, boards, and round or cylindric masts, although cut, planed, + tongued and grooved, including flooring. +<br> + 20. Wooden cooperage, including staves, headings, and wooden hoops. +<br> + 21. Wooden boxes, mounted or unmounted, except of cedar. +<br> + 22. Woods, ordinary, manufactured into doors, frames, windows, and + shutters, without paint or varnish, and wooden houses, unmounted, + without paint or varnish. +<br> + 23. Woods, ordinary, manufactured into all kinds of articles, turned or + unturned, painted or varnished, except furniture. (See repertory.) +<br> + 24. Manures, natural or artificial. +<br> + 25. Implements, utensils, and tools for agriculture, the arts, and + mechanical trades. +<br> + 26. Machines and apparatus, agricultural, motive, industrial, and + scientific, of all classes and materials, and loose pieces for the + same, including wagons, carts, and handcarts for ordinary roads + and agriculture. +<br> + 27. Material and articles for public works, such as railroads, + tramways, roads, canals for irrigation and navigation, use of + waters, ports, light-houses, and civil construction of general + utility, when introduced by authorization of the Government or if + free admission is obtained in accordance with local laws. +<br> + 28. Materials of all classes for the construction, repair in whole or + in part of vessels, subject to specific regulations to avoid abuse + in the importation. +<br> + 29. Meats, in brine, salted and smoked, including bacon, hams, and + meats preserved in cans, in lard or by extraction of air, jerked + beef excepted. +<br> + 30. Lard and butter. +<br> + 31. Cheese. +<br> + 32. Fish and shellfish, live, fresh, dried, in brine, salted, smoked, + and pickled, oysters and salmon in cans. +<br> + 33. Oats, barley, rye, and buckwheat, and flour of these cereals. +<br> + 34. Starch, maizena, and other alimentary products of corn, except corn + meal. +<br> + 35. Fruits, fresh, dried, and preserved, except raisins. +<br> + 36. Vegetables and garden products, fresh and dried. +<br> + 37. Hay, straw for forage, and bran. +<br> + 38. Trees, plants, shrubs, and garden seeds. +<br> + 39. Tan bark. +</p> +<center> + SCHEDULE B. +</center> +<p class="q"> + Products or manufactures of the United States to be admitted into Cuba + and Puerto Rico on payment of the duties stated: +<br> + 40. Corn or maize, 25 cents per 100 kilograms. +<br> + 41. Corn meal, 25 cents per 100 kilograms. +<br> + 42. Wheat, 30 cents per 100 kilograms. +<br> + 43. Wheat flour, $1 per 100 kilograms. +<br> + 44. Carriages, cars and other vehicles for railroads or tramways, + where authorization of the Government for free admission has not + been obtained, 1 per cent <i>ad valorem</i>. +</p> +<center> + SCHEDULE C. +</center> +<p class="q"> + Products or manufactures of the United States to be admitted into Cuba + and Puerto Rico at a reduction of duty of 50 per cent: +<br> + 45. Marble, jasper, and alabaster of all kinds, cut into flags, slabs, + or steps, and the same worked or carved in all kinds of articles, + polished or not. +<br> + 46. Glass and crystal ware, plate and window glass, and the same + silvered, quicksilvered, and platinized. +<br> + 47. Clay in tiles, large and small, and mosaic for pavement, colored + tiles, roof tiles glazed, and pipes. +<br> + 48. Stoneware and fine earthenware, and porcelain. +<br> + 49. Iron, cast, in fine manufactures or those polished, with coating of + porcelain or part of other metals. (See repertory.) +<br> + 50. Iron, wrought, and steel, in axles, tires, springs, and wheels for + carriages, rivets and their washers. +<br> + 51. Iron, wrought, and steel, in fine manufactures or those polished, + with coating of porcelain or part of other metals, not expressly + comprised in other numbers of these schedules, and platform scales + for weighing. (See repertory.) +<br> + 52. Needles, pens, knives (table and carving), razors, penknives, + scissors, pieces for watches, and other similar articles of iron + and steel. +<br> + 53. Tin plate in sheets or manufactured. +<br> + 54. Copper, bronze, brass, and nickel, and alloys of same with common + metals, in lump or bars, and all manufactures of the same. +<br> + 55. All other common metals and alloys of the same, in lump or bars, + and all manufactures of the same, plain, varnished, gilt, silvered, + or nickeled. +<br> + 56. Furniture of all kinds, of wood or metal, including school + furniture, blackboards, and other materials for schools, and all + kinds of articles of fine woods not expressly comprised in other + numbers of these schedules. (See repertory.) +<br> + 57. Rushes, esparto, vegetable hair, broom corn, willow, straw, palm, + and other similar materials, manufactured into articles of all + kinds. +<br> + 58. Pastes for soups, rice flour, bread and crackers, and alimentary + farinas not comprised in other numbers of these schedules. +<br> + 59. Preserved alimentary substances and canned goods not comprised in + other numbers of these schedules, including sausages, stuffed + meats, mustards, sauces, pickles, jams, and jellies. +<br> + 60. Rubber and gutta-percha and manufactures thereof, alone or mixed + with other substances (except silk), and oilcloths and tarpaulin. +<br> + 61. Rice, hulled or unhulled. +</p> +<center> + SCHEDULE D. +</center> +<p class="q"> + Products or manufactures of the United States to be admitted into Cuba + and Puerto Rico at a reduction of duty of 25 per cent: +<br> + 62. Petroleum, refined, and benzine. +<br> + 63. Cotton, manufactured, spun or twisted, and in goods of all kinds, + woven or knit, and the same mixed with other vegetable or animal + fibers in which cotton is an equal or greater component part, and + clothing exclusively of cotton. +<br> + 64. Rope, cordage, and twine of all kinds. +<br> + 65. Colors, crude and prepared, with or without oil, inks of all kinds, + shoe blacking, and varnishes. +<br> + 66. Soap, toilet, and perfumery. +<br> + 67. Medicines, proprietary or patent and all others, and drugs. +<br> + 68. Stearine and tallow manufactured in candles. +<br> + 69. Paper for printing, for decorating rooms, of wood or straw, for + wrapping and packing, and bags and boxes of same, sandpaper and + pasteboard. +<br> + 70. Leather and skins, tanned, dressed, varnished, or japanned, of all + kinds, including sole leather or belting. +<br> + 71. Boots and shoes in whole or in part of leather or skins. +<br> + 72. Trunks, valises, traveling bags, portfolios, and other similar + articles in whole or in part of leather. +<br> + 73. Harness and saddlery of all kinds. +<br> + 74. Watches and clocks of gold, silver, or other metals, with cases of + stone, wood, or other material, plain or ornamented. +<br> + 75. Carriages of two or four wheels and pieces of the same. +</p> +<p> + It is understood that flour which on its exportation from the United + States has been favored with drawbacks shall not share in the foregoing + reduction of duty. +</p> +<p> + The provisional arrangement as set forth in the transitory schedule + shall come to an end on July 1, 1892, and on that date be substituted by + the definitive arrangement as set forth in schedules A, B, C, and D. +</p> +<p> + And that the Government of Spain has further provided that the laws + and regulations adopted to protect its revenue and prevent fraud in + the declarations and proof that the articles named in the foregoing + schedules are the product or manufacture of the United States of America + shall place no undue restrictions on the importer nor impose any + additional charges or fees therefor on the articles imported; and +</p> +<p> + Whereas the Secretary of State has, by my direction, given assurance + to the envoy extraordinary and minister plenipotentiary of Spain at + Washington that this action of the Government of Spain in granting + exemption of duties to the products and manufactures of the United + States of America on their importation into Cuba and Puerto Rico is + accepted for those islands as a due reciprocity for the action of + Congress as set forth in section 3 of said act: +</p> +<p> + Now, therefore, be it known that I, Benjamin Harrison, President of the + United States of America, have caused the above-stated modifications of + the tariff laws of Cuba and Puerto Rico to be made public for the + information of the citizens of the United States of America. +</p> +<p> + In testimony whereof I have hereunto set my hand and caused the seal + of the United States to be affixed. +</p> +<p> + [SEAL.] +</p> +<p> + Done at the city of Washington, this 31st day of July, 1891, and of the + Independence of the United States of America the one hundred and + sixteenth. +</p> +<p class="r"> + BENJ. HARRISON. +</p> +<p><br> +By the President:<br> + WILLIAM F. WHARTON,<br> + <i>Acting Secretary of State</i>. +</p> +<p> </p><p> </p> + + +<h3> + BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. +</h3> +<h4> + A PROCLAMATION. +</h4> +<p> + Whereas, pursuant to section 3 of the act of Congress approved October + 1, 1890, entitled "An act to reduce the revenue and equalize duties on + imports, and for other purposes," the Secretary of State of the United + States of America communicated to the Government of the Dominican + Republic the action of the Congress of the United States of America, + with a view to secure reciprocal trade, in declaring the articles + enumerated in said section 3, to wit, sugars, molasses, coffee, and + hides, to be exempt from duty upon their importation into the United + States of America; and +</p> +<p> + Whereas the envoy extraordinary and minister plenipotentiary of the + Dominican Republic at Washington has communicated to the special + plenipotentiary of the United States the fact that, in reciprocity and + compensation for the admission into the United States of America free + of all duty of the articles enumerated in section 3 of said act, the + Government of the Dominican Republic will by due legal enactment admit, + from and after September 1, 1891, into all the established ports of + entry of the Dominican Republic the articles or merchandise named in the + following schedules, on the terms stated therein, provided that the same + be the product or manufacture of the United States and proceed directly + from the ports of said States: +</p> +<center> + SCHEDULE A. +</center> +<p class="q"> + Articles to be admitted free of duty into the Dominican Republic: +<br> + 1. Animals, live. +<br> + 2. Meats of all kinds, salted or in brine, but not smoked. +<br> + 3. Corn or maize, corn meal, and starch. +<br> + 4. Oats, barley, rye, and buckwheat, and flour of these cereals. +<br> + 5. Hay, bran, and straw for forage. +<br> + 6. Trees, plants, vines, and seeds, and grains of all kinds for + propagation. +<br> + 7. Cotton-seed oil and meal cake of same. +<br> + 8. Tallow, in cake or melted, and oil for machinery, subject to + examination and proof respecting the use of said oil. +<br> + 9. Resin, tar, pitch, and turpentine. +<br> + 10. Manures, natural and artificial. +<br> + 11. Coal, mineral. +<br> + 12. Mineral waters, natural and artificial. +<br> + 13. Ice. +<br> + 14. Machines, including steam engines and those of all other kinds, + and parts of the same, implements and tools for agricultural, + mining, manufacturing, industrial, and scientific purposes, + including carts, wagons, handcarts, and wheelbarrows, and parts + of the same. +<br> + 15. Material for the construction and equipment of railways. +<br> + 16. Iron, cast and wrought, and steel, in pigs, bars, rods, plates, + beams, rafters, and other similar articles for the construction + of buildings, and in wire, nails, screws, and pipes. +<br> + 17. Zinc, galvanized and corrugated iron, tin and lead in sheets, + asbestus, tar paper, tiles, slate, and other material for roofing. +<br> + 18. Copper in bars, plates, nails, and screws. +<br> + 19. Copper and lead pipe. +<br> + 20. Bricks, fire bricks, cement, lime, artificial stone, paving tiles, + marble and other stones in rough, dressed or polished, and other + earthy materials used in building. +<br> + 21. Windmills. +<br> + 22. Wire, plain or barbed, for fences, with hooks, staples, nails, and + similar articles used in the construction of fences. +<br> + 23. Telegraph wire and telegraphic, telephonic, and electrical + apparatus of all kinds for communication and illumination. +<br> + 24. Wood and lumber of all kinds for building, in logs or pieces, + beams, rafters, planks, boards, shingles, flooring, joists, + wooden houses, mounted or unmounted, and accessory parts of + buildings. +<br> + 25. Cooperage of all kinds, including staves, headings, and hoops, + barrels and boxes, mounted or unmounted. +<br> + 26. Materials for shipbuilding. +<br> + 27. Boats and lighters. +<br> + 28. School furniture, blackboards, and other articles exclusively for + the use of schools. +<br> + 29. Books, bound or unbound, pamphlets, newspapers and printed matter, + and paper for printing newspapers. +<br> + 30. Printers' inks of all colors, type, leads, and all accessories for + printing. +<br> + 31. Sacks, empty, for packing sugar. +<br> + 32. Gold and silver coin and bullion. +</p> +<center> + SCHEDULE B. +</center> +<p class="q"> + Articles to be admitted into the Dominican Republic at a reduction of + duty of 25 per cent: +<br> + 33. Meats not included in Schedule A and meat products of all kinds + except lard. +<br> + 34. Butter, cheese, and condensed or canned milk. +<br> + 35. Fish and shellfish, salted, dried, smoked, pickled, or preserved + in cans. +<br> + 36. Fruits and vegetables, fresh, canned, dried, pickled, or preserved. +<br> + 37. Manufactures of iron and steel, single or mixed, not included in + Schedule A. +<br> + 38. Cotton, manufactured, spun or twisted, and in fabrics of all kinds, + woven or knit, and the same fabrics mixed with other vegetable or + animal fibers in which cotton is the equal or greater component + part. +<br> + 39. Boots and shoes in whole or in part of leather or skins. +<br> + 40. Paper for writing, in envelopes, ruled or blank books, wall paper, + paper for wrapping and packing, for cigarettes, in cardboard, + boxes, and bags, sandpaper and pasteboard. +<br> + 41. Tin plate and tinware for arts, industries, and domestic uses. +<br> + 42. Cordage, rope, and twine of all kinds. +<br> + 43. Manufactures of wood of all kinds not embraced in Schedule A, + including wooden ware, implements for household use, and + furniture in whole or in part of wood. +</p> +<p> + And that the Government of the Dominican Republic has further provided + that the laws and regulations adopted to protect its revenue and prevent + fraud in the declarations and proof that the articles named in the + foregoing schedules are the product or manufacture of the United States + of America shall place no undue restrictions on the importer nor impose + any additional charges or fees therefor on the articles imported; and +</p> +<p> + Whereas the special plenipotentiary of the United States has, by my + direction, given assurance to the envoy extraordinary and minister + plenipotentiary of the Dominican Republic at Washington that this action + of the Government of the Dominican Republic in granting exemption of + duties to the products and manufactures of the United States of America + on their importation into the Dominican Republic is accepted as a due + reciprocity for the action of Congress as set forth in section 3 of said + act: +</p> +<p> + Now, therefore, be it known that I, Benjamin Harrison, President of the + United States of America, have caused the above-stated modifications of + the tariff laws of the Dominican Republic to be made public for the + information of the citizens of the United States of America. +</p> +<p> + In testimony whereof I have hereunto set my hand and caused the seal of + the United States to be affixed. +</p> +<p> + [SEAL.] +</p> +<p> + Done at the city of Washington, this 1st day of August, 1891, and of the + Independence of the United States of America the one hundred and + sixteenth. +</p> +<p class="r"> + BENJ. HARRISON. +</p> +<p><br> +By the President:<br> + WILLIAM F. WHARTON,<br> + <i>Acting Secretary of State</i>. +</p> +<p> </p><p> </p> + + + +<h3> + BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. +</h3> +<h4> + A PROCLAMATION. +</h4> +<p> + Whereas it is provided by section 24 of an act approved March 3, 1891, + entitled "An act to repeal timber-culture laws, and for other + purposes"— +</p> +<p class="q"> + That the President of the United States may from time to time set + apart and reserve in any State or Territory having public land bearing + forests, in any part of the public lands wholly or in part covered with + timber or undergrowth, whether of commercial value or not, as public + reservations; and the President shall by public proclamation declare + the establishment of such reservations and limits thereof. +</p> +<p> + And whereas the lands hereinafter described are public and forest + bearing, and on the 30th of March last I issued a proclamation<a href="#note-17"><small>17</small></a> + intended to reserve the same as authorized in said act, but as some + question has arisen as to the boundaries proclaimed being sufficiently + definite to cover the forests intended to be reserved: +</p> +<p> + Now, therefore, I, Benjamin Harrison, President of the United States, + for the purpose of removing any doubt and making the boundaries of said + reservation more definite, by virtue of the power in me vested by said + act, do hereby issue this my second proclamation and hereby set apart, + reserve, and establish as a public reservation all that tract of land + situate in the State of Wyoming embraced within the following boundary: +</p> +<p class="q"> + Beginning at a point on the parallel of 44° 50' north latitude where + said parallel is intersected by the east boundary of the Yellowstone + National Park; thence due east along said parallel 24-1/2 miles; thence + due south to the parallel of 44° north latitude; thence due west along + said parallel to its point of intersection with the west boundary of + the State of Wyoming; thence due north along said boundary to its + intersection with the south boundary of the Yellowstone National Park; + thence due east along the south boundary of said park to the southeast + corner thereof; thence due north along the east boundary of said park + to the place of beginning. +</p> +<p> + And warning is hereby expressly given to all persons not to enter or + make settlement upon the tract of land reserved by this proclamation. +</p> +<p> + In witness whereof I have hereunto set my hand and caused the seal of + the United States to be affixed. +</p> +<p> + [SEAL.] +</p> +<p> + Done at the city of Washington, this 10th day of September, A.D. 1891, + and of the Independence of the United States the one hundred and + fifteenth. +</p> +<p class="r"> + BENJ. HARRISON. +</p> +<p><br> +By the President:<br> + WILLIAM F. WHARTON,<br> + <i>Acting Secretary of State</i>. +</p> +<p> </p><p> </p> + + +<h3> + BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. +</h3> +<h4> + A PROCLAMATION. +</h4> +<p> + Whereas by a written agreement made on the 12th day of June, 1890, the + Sac and Fox Nation of Indians, in the Territory of Oklahoma, ceded and + conveyed to the United States of America all title or interest of said + Indians in and to the lands particularly described in Article I of the + agreement, except the quarter section of land on which the Sac and Fox + Agency is located, and provided that the section of land now designated + and set apart near the Sac and Fox Agency for a school and farm shall + not be subject either to allotment or to homestead entry; that every + citizen of said nation shall have an allotment of land in quantity as + therein stated, to be selected within the tract of country so ceded, + except in sections 16 and 36 in each Congressional township, and except + the agency quarter section and section set apart for school and farm, + as above mentioned, or other lands selected in lieu thereof; that when + the allotments to the citizens of the Sac and Fox Nation are made the + Secretary of the Interior shall cause trust patents to issue therefor in + the name of the allottees, and that as soon as such allotments are so + made and approved by the Department of the Interior, and the patents + provided for are issued, then the residue of said tract of country + shall, as far as said Sac and Fox Nation is concerned, become public + lands of the United States, and, under such restrictions as may be + imposed by law, be subject to white settlement; and +</p> +<p> + Whereas by a certain other agreement with the Iowa tribe of Indians + residing on the Iowa Reservation, in said Territory, made on the 20th + day of May, 1890, said tribe surrendered and relinquished to the United + States all their title and interest in and to the lands of said Indians + in said Territory, and particularly described in Article I of said + agreement, and provided that each and every member of said tribe shall + have an allotment of 80 acres of land upon said reservation, and upon + the approval of such allotments by the Secretary of the Interior that + trust patents shall be issued therefor, and that there shall be excepted + from the operation of said agreement a tract of land not exceeding + 10 acres, in a square form, including the church and schoolhouse and + graveyard at or near the Iowa village, which shall belong to said Iowa + tribe of Indians in common, subject to the conditions and limitations + in said agreement expressed; that the chief of the Iowas may select an + additional 10 acres, in a square form, for the use of said tribe in said + reservation, conforming in boundaries to the legal subdivisions of land + therein, which shall be held by said tribe in common, subject to the + conditions and limitations as expressed in relation thereto; and +</p> +<p> + Whereas it is provided-in the act of Congress approved February 13, + 1891 (26 U.S. Statutes at Large, pp. 758, 759), section 7, accepting, + ratifying, and confirming said agreements with the Sac and Fox Nation + of Indians and the Iowa tribe of Indians— +</p> +<p class="q"> + That whenever any of the lands acquired by the agreements in this act + ratified and confirmed shall by operation of law or proclamation of + the President of the United States be open to settlement they shall + be disposed of to actual settlers only, under the provisions of the + homestead laws, except section 2301, which shall not apply: <i>Provided, + however</i>, That each settler under and in accordance with the provisions + of said homestead laws shall before receiving a patent for his homestead + pay to the United States for the land so taken by him, in addition to + the fees provided by law, the sum of $1.25 for each acre thereof; and + such person, having complied with all the laws relating to such + homestead settlement, may at his option receive a patent therefor at the + expiration of twelve months from date of settlement upon said homestead; + and any person otherwise qualified who has attempted to but for any + cause failed to secure a title in fee to a homestead under existing law, + or who made entry under what is known as the commuted provision of the + homestead law, shall be qualified to make a homestead entry upon any of + said lands. +</p> +<p> + And whereas by a certain other agreement with the Citizen band of + Pottawatomie Indians, in said Territory, made on the 25th day of June, + 1890, the said band of Indians ceded and absolutely surrendered to the + United States all their title and interest in and to the lands in said + Territory, and particularly described in Article I of said agreement, + and provided that all allotments of land theretofore made, or then being + made, or to be made, to members of said Citizen band of Pottawatomie + Indians under the provisions of the general allotment act approved + February 8, 1887, shall be confirmed; that in all allotments to be + thereafter made no person shall have the right to select his or her + allotment in sections 16 and 36 in any Congressional township, nor upon + any land heretofore set apart in said tract of country for any use by + the United States, or for schools, school-farm, or religious purposes; + nor shall said sections 16 and 36 be subject to homestead entry, but + shall be kept and used for school purposes; nor shall any lands set + apart for any use of the United States, or for school, school-farm, or + religious purposes, be subject to homestead entry, but shall be held by + the United States for such purposes so long as the United States shall + see fit to use them; and further, that the south half of section 7 + and the north half of section 18, in township 6 north, range 5 east, + theretofore set apart by a written agreement between said band of + Indians and certain Catholic fathers for religious, school, and farm + purposes, shall not be subject to allotment or homestead entry, but + shall be held by the United States for the Sacred Heart Mission, the + name under which said association of fathers are conducting the church, + school, and farm on said lands; and +</p> +<p> + Whereas by a certain agreement with the Absentee Shawnee Indians, in + said Territory, made on the 26th day of June, 1890, said last-named + Indians ceded, relinquished, and surrendered to the United States all + their title and interest in and to the lands in said Territory, and + particularly described in Article I of said agreement, provided that all + allotments of lands theretofore made, or then being made, or to be made, + to said Absentee Shawnees under the provisions of the general allotment + act approved February 8, 1887, shall be confirmed; that in all + allotments to be thereafter made no person shall have the right to + select his or her allotment in sections 16 and 36 in any Congressional + township, nor in any land heretofore set apart in said tract of country + for any use by the United States, or for school, school-farm, or + religious purposes; nor shall said sections 16 and 36 be subject to + homestead entry, but shall be held by the United States for such + purposes so long as the United States shall see fit to use them; and +</p> +<p> + Whereas it is provided in the act of Congress accepting, ratifying, and + confirming said agreements with the Citizen band of Pottawatomie Indians + and the Absentee Shawnee Indians, approved March 3, 1891 (26 U.S. + Statutes at Large, pp. 989-1044), section 16— +</p> +<p class="q"> + That whenever any of the lands acquired by either of the * * * foregoing + agreements respecting lands in the Indian or Oklahoma Territory shall by + operation of law or proclamation of the President of the United States + be open to settlement they shall be disposed of to actual settlers only, + under the provisions of the homestead and town-site laws, except section + 2301 of the Revised Statutes of the United States, which-shall not + apply: <i>Provided, however</i>, That each settler on said lands shall before + making a final proof and receiving a certificate of entry pay to the + United States for the land so taken by him, in addition to the fees + provided by law, and within five years from the date of the first + original entry, the sum of $1.50 per acre, one-half of which shall be + paid within two years; but the rights of honorably discharged Union + soldiers and sailors as defined and described in sections 2304 and 2305 + of the Revised Statutes of the United States shall not be abridged + except as to the sum to be paid as aforesaid; and all the lands in + Oklahoma are hereby declared to be agricultural lands, and proof of + their nonmineral character shall not be required as a condition + precedent to final entry. +</p> +<p> + And whereas allotments of land in severalty to said Sac and Fox Nation, + said Iowa tribe, said Citizen band of Pottawatomies, and said Absentee + Shawnee Indians have been made and approved, and provisional patents + issued therefor, in accordance with law and the provisions of the + before-mentioned agreements with them respectively, and an additional + 10 acres of land has been selected for the use of said Iowa tribe, to + be held by said tribe in common, in accordance with the provisions of + supplemental Article XII of the agreement with them; and +</p> +<p> + Whereas the lands acquired by the four several agreements hereinbefore + mentioned have been divided into counties by the Secretary of the + Interior, as required by said last-mentioned act of Congress before the + same shall be open to settlement, and lands have been reserved for + county-seat purposes, as therein required; and +</p> +<p> + Whereas it is provided by act of Congress for temporary government of + Oklahoma, approved May 2, 1890, that there shall be reserved public + highways 4 rods wide between each section of land in said Territory, the + section lines being the centers of said highways, but no deduction shall + be made from cash payments from each quarter section by reason thereof; + and +</p> +<p> + Whereas all the terms, conditions, and considerations required by said + several agreements made respectively with said tribes of Indians + hereinbefore mentioned, and of the laws relating thereto, precedent + to opening said several tracts of land to settlement, have been, as + I hereby declare, provided for, paid, and complied with: +</p> +<p> + Now, therefore, I, Benjamin Harrison, President of the United States, by + virtue of the power in me vested by the statutes hereinbefore mentioned, + also an act of Congress entitled "An act making appropriations for the + current and contingent expenses of the Indian Department and fulfilling + treaty stipulations with various Indian tribes for the year ending June + 30, 1890, and for other purposes," approved March 2, 1889, and by other + the laws of the United States, and by said several agreements, do hereby + declare and make known that all of the lands acquired from the Sac and + Fox Nation of Indians, the Iowa tribe of Indians, the Citizen band of + Pottawatomie Indians, and the Absentee Shawnee Indians by the four + several agreements aforesaid, saving and excepting the lands allotted + to the Indians as in said agreements provided, or otherwise reserved + in pursuance of the provisions of said agreements and the said acts of + Congress ratifying the same and other the laws relating thereto, will, + at and after the hour of 12 o'clock noon (central standard time), + Tuesday, the 22d day of this the present month of September, and not + before, be opened to settlement, under the terms of and subject to all + the conditions, limitations, reservations, and restrictions contained + in said agreements, the statutes above specified, and the laws of the + United States applicable thereto. +</p> +<p> + The lands to be so opened to settlement are for greater convenience + particularly described in the accompanying schedule, entitled "Schedule + of lands within the Sac and Fox, Iowa, Pottawatomie (and Absentee + Shawnee) reservations, in Oklahoma Territory, opened to settlement by + proclamation of the President dated September 18, 1891," and which + schedule is made a part hereof. +</p> +<p> + Each entry shall be in square form as nearly as practicable; and no + other lands in the Territory of Oklahoma are opened to settlement under + this proclamation or the agreements ratifying the same. +</p> +<p> + Notice, moreover, is hereby given that it is by law enacted that until + said lands are opened to settlement by proclamation no person shall be + permitted to enter upon and occupy the same, and no person violating + this provision shall be permitted to enter any of said lands or acquire + any right thereto. The officers of the United States will be required to + enforce this provision. +</p> +<p> + And further notice is hereby given that it has been duly ordered that + the lands in the Territory of Oklahoma mentioned and included in this + proclamation be, and the same are, attached to the Eastern and Oklahoma + land districts in said Territory, severally, as follows: +</p> +<p class="q"> + 1. All that portion of the Territory of Oklahoma commencing at the + southwest corner of township 14 north, range 1 east; thence east on + town line between townships 13 and 14 to the west boundary of the + Creek country; thence north on said boundary line to the middle of main + channel of the Cimarron River; thence up the Cimarron River, following + the main channel thereof, to the Indian meridian; thence south on said + meridian line to the place of beginning, is attached to the Eastern + land district in Oklahoma Territory, the office of which is now located + at Guthrie. +</p><p class="q"> + 2. All that portion of said Territory commencing at the northwest + corner of township 13 north, range 1 east; thence south on Indian + meridian to the North Fork of the Canadian River; thence west up said + river to the west boundary of the Pottawatomie Indian Reservation, + according to Merrill's survey; thence south, following the line as run + by O.T. Morrill under his contract of September 3, 1872, to the middle + of the main channel of the Canadian River; thence east down the main + channel of said river to the west boundary of the Seminole Indian + Reservation; thence north with said west boundary to the North Fork + of the Canadian River; thence east down said North Fork to the west + boundary of the Creek Nation; thence north with said west boundary to + its intersection with the line between townships 13 and 14 north of the + Indian base; thence west on town line between townships 13 and 14 north + to the place of beginning, is attached to the Oklahoma land district in + said Territory, the office of which is now located at Oklahoma City. +</p> +<p> + In witness whereof I have hereunto set my hand and caused the seal of + the United States to be affixed. +</p> +<p> + [SEAL.] +</p> +<p> + Done at the city of Washington, this 18th day of September, A.D. 1891, + and of the Independence of the United States the one hundred and + sixteenth. +</p> +<p class="r"> + BENJ. HARRISON. +</p> +<p><br> +By the President:<br> + WILLIAM F. WHARTON,<br> + <i>Acting Secretary of State</i>. +</p> +<p> </p><p> </p> + +<h3> + BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. +</h3> +<h4> + A PROCLAMATION. +</h4> +<p> + Whereas it is provided by section 24 of the act of Congress approved + March 3, 1891, entitled "An act to repeal the timber-culture laws, and + for other purposes"— +</p> +<p class="q"> + That the President of the United States may from time to time set apart + and reserve in any State or Territory having public lands bearing + forests, in any part of the public lands wholly or in part covered with + timber or undergrowth, whether of commercial value or not, as public + reservations; and the President shall by public proclamation declare + the establishment of such reservation and the limits thereof. +</p> +<p> + And whereas the public lands in the State of Colorado within the limits + hereinafter described are in part covered with timber, and it appears + that the public good would be promoted by setting apart and reserving + said lands as a public reservation: +</p> +<p> + Now, therefore, I, Benjamin Harrison, President of the United States, + by virtue of the power in me vested by section 24 of the aforesaid act + of Congress, do hereby make known and proclaim that there is hereby + reserved from entry or settlement and set apart as a public reservation + all those certain tracts, pieces, or parcels of land lying and being + situate in the State of Colorado and particularly described as follows, + to wit: +</p> +<p> + Beginning at a point between sections three (3) and four (4) on the + north boundary of township five (5) south, range eighty-seven (87) west + of the sixth principal meridian in Colorado; thence north 12 miles; + thence east to the southeast corner of township two (2) south, range + eighty-six (86) west; thence north between ranges numbered eighty-five + (85) and eighty-six (86) west to the base line; thence west along the + base line to the southwest corner of township one (1) north, range + eighty-five (85) west; thence north between ranges numbered eighty-five + (85) and eighty-six (86) west to a point between sections thirteen (13) + and twenty-four (24) on the east boundary of township five (5) north, + range eighty-six (86) west; thence west through the middle of township + five (5) north to the center of township five (5) north, range + ninety-one (91) west; thence south to a point between sections three + (3) and four (4) on the north boundary of township two (2) north, range + ninety-one (91) west; thence west six (6) miles to a point between + sections three (3) and four (4) on the north boundary of township two + (2) north, range ninety-two (92) west; thence south to a point on the + base line between sections thirty-three (33) and thirty-four (34) of + township one (1) north, range ninety-two (92) west; thence west along + the base line to a point between sections three (3) and four (4) on the + north boundary of township one (1) south, range ninety-two (92) west; + thence south to a point between sections three (3) and four (4) on the + north boundary of township two (2) south, range ninety-two (92) west; + thence west to the northwest corner of township two (2) south, range + ninety-three (93) west; thence south to the southwest corner of township + three (3) south, range ninety-three (93) west; thence east to the + northeast corner of township four (4) south, range ninety-two (92) west; + thence south to the southeast corner of township four (4) south, range + ninety-two (92) west; thence east to the place of beginning. +</p> +<p> + Excepting from the force and effect of this proclamation all land which + may have been prior to the date hereof embraced in any valid entry or + covered by a lawful filing duly made in the proper United States land + office, and all mining claims duly located and held according to the + laws of the United States and local rules and regulations not in + conflict therewith. +</p> +<p> + <i>Provided</i>, That this exception shall not continue to apply to any + particular tract of land unless the entryman or claimant continues to + comply with the law under which the entry, filing, or location was made. +</p> +<p> + Warning is hereby expressly given to all persons not to enter or make + settlement upon the tract of land reserved by this proclamation. +</p> +<p> + In witness whereof I have hereunto set my hand and caused the seal of + the United States to be affixed. +</p> +<p> + [SEAL.] +</p> +<p> + Done at the city of Washington, this 16th day of October, A.D. 1891, and + of the Independence of the United States the one hundred and sixteenth. +</p> +<p class="r"> + BENJ. HARRISON. +</p> +<p><br> +By the President:<br> + WILLIAM F. WHARTON,<br> + <i>Acting Secretary of State</i>. +</p> +<p> </p><p> </p> + +<h3> + BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. +</h3> +<h4> + A PROCLAMATION. +</h4> +<p> + It is a very glad incident of the marvelous prosperity which has crowned + the year now drawing to a close that its helpful and reassuring touch + has been felt by all our people. It has been as wide as our country, and + so special that every home has felt its comforting influence. It is too + great to be the work of man's power and too particular to be the device + of his mind. To God, the beneficent and the all-wise, who makes the + labors of men to be fruitful, redeems their losses by His grace, and the + measure of whose giving is as much beyond the thoughts of man as it is + beyond his deserts, the praise and gratitude of the people of this + favored nation are justly due. +</p> +<p> + Now, therefore, I, Benjamin Harrison, President of the United States of + America, do hereby appoint Thursday, the 26th day of November present, + to be a day of joyful thanksgiving to God for the bounties of His + providence, for the peace in which we are permitted to enjoy them, and + for the preservation of those institutions of civil and religious + liberty which He gave our fathers the wisdom to devise and establish and + us the courage to preserve. Among the appropriate observances of the day + are rest from toil, worship in the public congregation, the renewal of + family ties about our American firesides, and thoughtful helpfulness + toward those who suffer lack of the body or of the spirit. +</p> +<p> + In testimony whereof I have hereunto set my hand and caused the seal of + the United States to be affixed. +</p> +<p> + [SEAL.] +</p> +<p> + Done at the city of Washington, this 13th day of November, A.D. 1891, + and of the Independence of the United States the one hundred and + sixteenth. +</p> +<p class="r"> + BENJ. HARRISON. +</p> +<p><br> +By the President:<br> + JAMES G. BLAINE,<br> + <i>Secretary of State</i>. +</p> +<p> </p><p> </p> + +<h3> + BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. +</h3> +<h4> + A PROCLAMATION. +</h4> +<p> + Whereas satisfactory proof has been given to me that no tonnage or + light-house dues, or other equivalent tax or taxes, are imposed upon + vessels of the United States in the ports of the island of Tobago, one + of the British West India Islands: +</p> +<p> + Now, therefore, I, Benjamin Harrison, President of the United States of + America, by virtue of the authority vested in me by section 11 of the + act of Congress entitled "An act to abolish certain fees for official + services to American vessels, and to amend the laws relating to shipping + commissioners, seamen, and owners of vessels, and for other purposes," + approved June 19, 1886, do hereby declare and proclaim that from and + after the date of this my proclamation shall be suspended the collection + of the whole of the tonnage duty which is imposed by said section of + said act upon vessels entered in the ports of the United States from any + of the ports of the island of Tobago. +</p> +<p> + <i>Provided</i>, That there shall be excluded from the benefits of the + suspension hereby declared and proclaimed the vessels of any foreign + country in whose ports the fees or dues of any kind or nature imposed on + vessels of the United States, or the import or export duties on their + cargoes, are in excess of the fees, dues, or duties imposed on the + vessels of such country or on the cargoes of such vessels; but this + proviso shall not be held to be inconsistent with the special regulation + by foreign countries of duties and other charges on their own vessels, + and the cargoes thereof, engaged in their coasting trade, or with the + existence between such countries and other states of reciprocal + stipulations founded on special conditions and equivalents, and thus not + within the treatment of American vessels under the most-favored-nation + clause in treaties between the United States and such countries. +</p> +<p> + And the suspension hereby declared and proclaimed shall continue so long + as the reciprocal exemption of vessels belonging to citizens of the + United States and their cargoes shall be continued in the said ports of + the island of Tobago and no longer. +</p> +<p> + In witness whereof I have hereunto set my hand and caused the seal of + the United States to be affixed. +</p> +<p> + [SEAL.] +</p> +<p> + Done at the city of Washington, this 2d day of December, A.D. 1891, and + of the Independence of the United States the one hundred and sixteenth. +</p> +<p class="r"> + BENJ. HARRISON. +</p> +<p><br> +By the President:<br> + JAMES G. BLAINE,<br> + <i>Secretary of State</i>. +</p> + +<div style="height: 4em;"><br><br><br><br></div> + +<h2> + EXECUTIVE ORDERS. +</h2> +<p class="r"> + EXECUTIVE MANSION, <i>Washington, D.C., January 19, 1891</i>. +</p> +<p> + The death of George Bancroft, which occurred in the city of Washington + on Saturday, January 17, at 3.40 o'clock p.m., removes from among the + living one of the most distinguished Americans. As an expression of the + public loss and sorrow the flags of all the Executive Departments at + Washington and the public buildings in the cities through which the + funeral party is to pass will be placed at half-mast on to-morrow and + until the body of this eminent statesman, scholar, and historian shall + rest in the State that gave him to his country and to the world. +</p> +<p> + By direction of the President: +</p> +<p class="r"> + ELIJAH W. HALFORD,<br> <i>Private Secretary</i>. +</p> +<p> </p><p> </p> + +<center> + AMENDMENT OF CIVIL-SERVICE RULES. +</center> +<p class="r"> + JANUARY 26, 1891. +</p> +<p> + Special Departmental Rule No. 1 is hereby amended by adding to the + exceptions from examination therein declared the following: +</p> +<p class="q"> + In the Department of Agriculture, in the office of the Secretary, + division of illustration and engraving: One artist. +</p> +<p class="r"> + BENJ. HARRISON. +</p> +<p> </p><p> </p> + + +<p class="r"> + DEPARTMENT OF STATE, <i>Washington, January 30, 1891</i>. +</p> +<p> + SIR:<a href="#note-18"><small>18</small></a> The Hon. William Windom, Secretary of the Treasury of the + United States, died suddenly last night, in the city of New York, at the + hour of eleven minutes past 10 o'clock, in the sixty-fourth year of his + age. Thus has passed away a man of pure life, an official of stainless + integrity, distinguished by long and eminent service in both branches of + Congress and by being twice called to administer the national finances. + His death has caused deep regret throughout the country, while to the + President and those associated with him in the administration of the + Government it comes as a personal sorrow. +</p> +<p> + The President directs that all the Departments of the executive brand of + the Government and the officers subordinate thereto shall manifest due + respect to the memory of this eminent citizen in a manner consonant with + the dignity of the office which he has honored by his devotion to public + duty. +</p> +<p> + The President further directs that the Treasury Department in all its + branches in this capital be draped in mourning for the period of thirty + days, that on the day of the funeral the several Executive Departments + shall be closed, and that on all public buildings throughout the United + States the national flag shall be displayed at half-mast. +</p> +<p> + Very respectfully, +</p> +<p class="r"> + JAMES G. BLAINE. +</p> +<p> </p><p> </p> + +<p class="r"> + EXECUTIVE MANSION, <i>February 13, 1891</i>. +</p> +<p> + <i>To the Heads of the Executive Departments</i>: +</p> +<p> + In token of respect to the memory of Admiral David D. Porter, who died + this morning, the President directs that the national flag be displayed + at half-mast upon all public buildings throughout the United States + until after his funeral shall have taken place, and that on the day of + the funeral public business in the Departments at Washington be + suspended. +</p> +<p class="r"> + E.W. HALFORD,<br> <i>Private Secretary</i>. +</p> +<p> </p><p> </p> + +<center> + GENERAL ORDERS NO. 16. +</center> +<p class="r"> +HEADQUARTERS OF THE ARMY,<br> + ADJUTANT-GENERAL'S OFFICE,<br> + <i>Washington, February 14, 1891</i>. +</p> +<p> + I. The following order of the War Department is published to the Army: +</p> +<p class="q" style="text-align: right;"> + WAR DEPARTMENT, <i>Washington, February 14, 1891</i>. +</p><p class="q"> + The death of General Sherman is hereby announced in the fitting words + of the President in his message to Congress: +</p> +<center> + [For message see p. 135.] +</center> +<p> + The following Executive order will be published to the Army: +</p> +<p class="q" style="text-align: right;"> + EXECUTIVE MANSION,<br> <i>Washington, D.C., February 14, 1891</i>. +</p><p class="q"> + It is my painful duty to announce to the country that General William + Tecumseh Sherman died this day at 1 o'clock and 50 minutes p.m., at his + residence in the city of New York. The Secretary of War will cause the + highest military honors to be paid to the memory of this distinguished + officer. The national flag will be floated at half-mast over all public + buildings until after the burial, and the public business will be + suspended in the Executive Departments at the city of Washington and in + the city where the interment takes place on the day of the funeral and + in all places where public expression is given to the national sorrow + during such hours as will enable every officer and employee to + participate therein with their fellow-citizens. +</p><p class="q" style="text-align: right;"> + BENJ. HARRISON. +</p> +<p> + The Major-General Commanding will issue the necessary orders to the + Army. +</p> +<p> + <i>It is ordered</i>, That the War Department be draped in mourning for the + period of thirty days, and that all business be suspended therein on the + day of the funeral. +</p> +<p class="r"> + L.A. GRANT, <i>Acting Secretary of War</i>. +</p> +<p> + II. On the day of the funeral the troops at every military post will be + paraded and this order read to them, after which all labors for the day + will cease. The national flag will be displayed at half-staff from the + time of the receipt of this order until the close of the funeral. On the + day of the funeral a salute of seventeen guns will be fired at half-hour + intervals, commencing at 8 o'clock a.m. The officers of the Army will + wear the usual badges of mourning, and the colors of the several + regiments and battalions will be draped in mourning for a period of six + months. +</p> +<p> + The day and hour of the funeral will be communicated to department + commanders by telegraph, and by them to their subordinate commanders. + Other necessary orders will be issued hereafter relative to the + appropriate funeral ceremonies. +</p> +<p> + By command of Major-General Schofield: +</p> +<p class="r"> + J.C. KELTON, <i>Adjutant-General</i>. +</p> +<p> </p><p> </p> + +<center> + GENERAL ORDER. +</center> +<p class="r"> + NAVY DEPARTMENT, <i>February 16, 1891</i>. +</p> +<p> + The following Executive order, announcing the death of General William + Tecumseh Sherman, is published for the information of the Navy and the + Marine Corps: +</p> +<center> + [For Executive order see preceding page.] +</center> +<p> + In accordance with the order of the President, the Navy Department will + be closed and all business suspended therein on the day of the funeral, + and the flag at all yards and stations will be displayed at half-mast + until after the burial of General Sherman, and in all places where + public expression is given to the national sorrow business will be + suspended at navy-yards or stations during such hours as will enable + officers and employees of the Navy to participate therein with their + fellow-citizens. +</p> +<p class="r"> + B.F. TRACY, <i>Secretary of the Navy</i>. +</p> +<p> </p><p> </p> + +<center> + AMENDMENT OF CIVIL-SERVICE RULES. +</center> +<p class="r"> + FEBRUARY 18, 1891. +</p> +<p> + Special Departmental Rule No. 1 is hereby amended so as to include among + the places excepted from examination therein the following: +</p> +<p class="q"> + In the Department of Agriculture, in the office of the Secretary: + Private secretary to the chief of the division of statistics. +</p> +<p class="r"> + BENJ. HARRISON. +</p> +<p> </p><p> </p> + + +<center> + AMENDMENT OF CIVIL-SERVICE RULES. +</center> +<p class="r"> + FEBRUARY 21, 1891. +</p> +<p> + Special Departmental Rule No. 1 is hereby amended so as to include among + the places excepted from examination therein the following: +</p> +<p class="q"> + In the Department of the Treasury, in the Coast and Geodetic Survey: + Clerk to act as confidential clerk and cashier to the disbursing + officer. +</p><p class="q"> + In the Post-Office Department, office of Assistant Attorney-General: + Confidential clerk to the Assistant Attorney-General. +</p> +<p class="r"> + BENJ. HARRISON. +</p> +<p> </p><p> </p> + + +<p class="r"> + EXECUTIVE MANSION, <i>Washington, D.C., February 26, 1891</i>. +</p> +<p> + In accordance with an act of Congress approved September 27, 1890, the + following limits to the punishment of enlisted men, together with the + accompanying regulations, are established for the government in time of + peace of all courts-martial, and will take effect thirty days after the + date of this order: +</p> +<p> + I. Subject to the modifications authorized in subdivision 3 of this + section, the punishment for desertion shall not exceed the following: +</p> +<p> + 1. In the case of a soldier who surrenders— +</p> +<p> + (<i>a</i>) When such surrender is made within thirty days after desertion, + confinement at hard labor, with forfeiture of pay and allowances, for + three months. +</p> +<p> + (<i>b</i>) When such surrender is made after an absence of more than thirty + days and not more than ninety days, confinement at hard labor, with + forfeiture of pay and allowances, for six months. +</p> +<p> + (<i>c</i>) When such surrender is made after an absence of more than ninety + days, dishonorable discharge, with forfeiture of all pay and allowances, + and confinement at hard labor for eighteen months: <i>Provided</i>, That in + the case of a deserter who had not been more than three months in the + service the confinement shall not exceed ten months. +</p> +<p> + 2. In the case of a soldier who does not surrender— +</p> +<p> + (<i>a</i>) When at the time of desertion he shall have been less than three + months in the service, dishonorable discharge, with forfeiture of all + pay and allowances, and confinement at hard labor for one year. +</p> +<p> + (<i>b</i>) When at the time of desertion he shall have been three months or + more, but less than six months, in the service, dishonorable discharge, + with forfeiture of all pay and allowances, and confinement at hard labor + for eighteen months. +</p> +<p> + (<i>c</i>) When at the time of desertion he shall have been six months or + more in the service, dishonorable discharge, with forfeiture of all pay + and allowances, and confinement at hard labor for two years and six + months. +</p> +<p> + 3. The foregoing limitations will be subject to modification under the + following conditions: +</p> +<p> + (<i>a</i>) The punishment of a deserter may be increased by one year of + confinement at hard labor in consideration of each previous conviction + of desertion, and also by dishonorable discharge and forfeiture of all + pay and allowances when not already authorized. +</p> +<p> + (<i>b</i>) The punishment for desertion when joined in by two or more + soldiers in the execution of a conspiracy, or for desertion in the + presence of an outbreak of Indians or of any unlawful assemblage which + the troops may be opposing, shall not exceed dishonorable discharge, + forfeiture of all pay and allowances, and confinement at hard labor + for five years. +</p> +<p> + II. Except as herein otherwise indicated, punishments shall not exceed + the limits prescribed in the following table: +</p> +<table summary="Offenses and Punishments" width="100%" +cellspacing="0" cellpadding="3"> + +<tr><td width="50%">Offenses.</td><td width="50%">Limit of punishment.</td></tr> +<tr><td colspan="2"><i>Under seventeenth article of war</i>.</td></tr> +<tr> +<td> Selling horse or arms, either or both</td> +<td> Three years' confinement at hard labor; for noncommissioned officer, + reduction in addition thereto.<a href="#note-19"><small>19</small></a></td> +</tr><tr> +<td> Selling accouterments</td> +<td> Four months confinement at hard labor; for noncommissioned officer, + reduction in addition thereto.<a href="#note-19"><small>19</small></a></td> +</tr><tr> +<td> Selling clothing</td> +<td> Two months' confinement at hard labor; for noncommissioned officer, + reduction in addition thereto.<a href="#note-19"><small>19</small></a></td> +</tr><tr> +<td> Losing or spoiling horse or arms through neglect</td> +<td> Four months' confinement at hard labor; for noncommissioned officer, + reduction in addition thereto.<a href="#note-19"><small>19</small></a></td> +</tr><tr> +<td> Losing or spoiling accouterments or clothing through neglect</td> +<td> One month's confinement at hard labor; for noncommissioned officer, + reduction in addition thereto.<a href="#note-19"><small>19</small></a></td> +</tr> +<tr> +<td colspan="2"><i>Under twentieth article of war</i>.</td></tr> +<tr> +<td> Behaving himself with disrespect toward his commanding officer</td> +<td> Six months' confinement at hard labor and forfeiture of $10 per month for + the same period; for noncommissioned officer, reduction in addition thereto.</td> +</tr><tr> +<td colspan="2"><i>Under twenty-fourth article of war</i>.</td></tr> +<tr> +<td> Refusal to obey or using violence to officer or noncommissioned officer + while quelling quarrels or disorders</td> +<td> Dishonorable discharge, with forfeiture of all pay and allowances, and imprisonment for 2 years.</td> +</tr> +<tr><td colspan="2"><i>Under thirty-first article of war</i>.</td></tr> +<tr> +<td> Lying out of quarters</td> +<td> Forfeiture of $2; corporal, $3; sergeant, $4.</td></tr> +<tr><td colspan="2"><i>Under thirty-second article of war</i>.</td></tr> +<tr><td colspan="2">Absence without leave—</td></tr> +<tr> +<td> Less than 1 hour (not including absence from a roll call)</td> +<td> Forfeiture of 50 cents; corporal, $1; sergeant, $2.</td> +</tr><tr> +<td> Less than 1 hour (including absence from a roll call)</td> +<td> Forfeiture of $1; corporal, $2; sergeant, $3; first sergeant or + noncommissioned officer of higher grade, $4.</td> +</tr><tr> +<td> From 1 to 6 hours</td> +<td> Forfeiture of $2; corporal, $3; sergeant, $4; first sergeant or + noncommissioned officer of higher grade, $5.</td> +</tr><tr> +<td> From 6 to 12 hours</td> +<td> Forfeiture of $3; corporal, $4; sergeant, $6; first sergeant or + noncommissioned officer of higher grade, $7.</td> +</tr><tr> +<td> From 12 to 24 hours</td> +<td> Forfeiture of $5; corporal, $6; sergeant, $7; first sergeant or + noncommissioned officer of higher grade, $10.</td> +</tr><tr> +<td> From 24 to 48 hours</td> +<td> Forfeiture of $6 and 5 days' confinement at hard labor. For + corporal, forfeiture of $8; sergeant, $10; first sergeant or noncommissioned + officer of higher grade, $12; or for all noncommissioned officers, reduction.</td> +</tr><tr> +<td> From 2 to 9 days</td> +<td> Forfeiture of $10 and 10 days' confinement at hard labor; for + noncommissioned officer, reduction in addition thereto.</td> +</tr><tr> +<td> From 10 to 29 days</td> +<td> Forfeiture of $20 and 1 month's confinement at hard labor; for + noncommissioned officer, reduction in addition thereto.</td> +</tr><tr> +<td> From 30 to 90 days</td> +<td> Three months' confinement at hard labor and forfeiture of $10 per month + for same period; for noncommissioned officer, reduction in addition thereto.</td> +</tr><tr> +<td> For more than 90 days</td> +<td> Dishonorable discharge and forfeiture of all pay and allowances and 3 + months' confinement at hard labor.</td> +</tr> +<tr><td colspan="2"><i>Under thirty-third article of war</i>.</td></tr> +<tr><td colspan="1"> + Failure to repair at the time + fixed, etc., to the place of + parade for—</td></tr> +<tr> +<td> Reveille or retreat roll call</td> +<td> Forfeiture of 50 cents; corporal, $1; sergeant, $2; first sergeant, $3.</td> +</tr><tr> +<td> Guard detail</td> +<td> Forfeiture of $5; corporal, $8; sergeant, $10.</td> +</tr><tr> +<td> Fatigue detail<br> + Dress parade<br> + The weekly inspection<br> + Target practice<br> + Drill<br> + Guard mounting (by musician)<br> + Stable duty</td> +<td> Forfeiture of $2; corporal, $3; sergeant, $5.</td> +</tr> +<tr><td colspan="2"><i>Under thirty-eighth article of war</i>.</td></tr> +<tr><td>Drunkenness on—</td></tr> +<tr> +<td> Guard</td> +<td> Six months' confinement at hard labor and forfeiture of $10 per month for + the same period; for noncommissioned officer, reduction in addition thereto.</td></tr> +<tr> +<td> Duty as company cook</td> +<td> Forfeiture of $10.</td></tr> +<tr> +<td> Extra or special duty<br> + At drill<br> + At target practice<br> + At parade<br> + At inspection<br> + At inspection of company guard detail<br> + At stable duty</td> +<td>Forfeiture of $6; for noncommissioned officer, reduction and forfeiture of $10.</td></tr> + +<tr><td colspan="2"><i>Under fortieth article of war</i>.</td></tr> +<tr> +<td> Quitting guard</td> +<td> Six months' confinement at hard labor and forfeiture of $10 per month for + the same period; for noncommissioned officer, reduction in addition thereto.</td></tr> +<tr><td colspan="2"><i>Under fifty-first article of war</i>.</td></tr> +<tr> +<td> Persuading soldiers to desert</td> +<td> Six months' confinement at hard labor and forfeiture of $10 per month for + the same period; for noncommissioned officer, reduction in addition thereto.</td></tr> +<tr> +<td> <i>Under sixtieth article of war</i></td> +<td> Dishonorable discharge, forfeiture of all pay and allowances, and 4 years' imprisonment.</td> +</tr> +<tr><td colspan="2"> <i>Under sixty-second article of war</i>.</td></tr> +<tr> +<td> Manslaughter</td> +<td> Dishonorable discharge, forfeiture of all pay and allowances, and 10 + years' imprisonment.</td></tr> +<tr> +<td> Assault with intent to kill</td> +<td> Dishonorable discharge, forfeiture of all pay and allowances, and 10 + years' imprisonment.</td></tr> +<tr> +<td> Burglary</td> +<td> Dishonorable discharge, forfeiture of all pay and allowances, and 5 + years' imprisonment.</td></tr> +<tr> +<td> Forgery</td> +<td> Dishonorable discharge, forfeiture of all pay and allowances, and 4 + years' imprisonment.</td></tr> +<tr> +<td> Perjury</td> +<td> Dishonorable discharge, forfeiture of all pay and allowances, and 4 + years' imprisonment.</td></tr> +<tr> +<td> False swearing</td> +<td> Dishonorable discharge, forfeiture of all pay and allowances, and 2 + years' imprisonment.</td></tr> +<tr> +<td> Robbery</td> +<td> Dishonorable discharge, forfeiture of all pay and allowances, and 6 + years' imprisonment.</td></tr> +<tr> +<td> Larceny or embezzlement of property of the value of—<a href="#note-20"><small>20</small></a></td></tr> +<tr> +<td> More than $100</td> +<td> Dishonorable discharge, forfeiture of all pay and allowances, and 4 + years' imprisonment.</td></tr> +<tr> +<td> $100 or less and more than $50</td> +<td> Dishonorable discharge, forfeiture of all pay and allowances, and 3 + years' imprisonment.</td></tr> +<tr> +<td> $50 or less and more than $20</td> +<td> Dishonorable discharge, forfeiture of all pay and allowances, and 2 + years' imprisonment.</td></tr> +<tr> +<td> $20 or less</td> +<td> Dishonorable discharge, forfeiture of all pay and allowances, and 1 + year's imprisonment.</td></tr> +<tr> +<td> Disobedience of orders, involving willful defiance of the authority of a + noncommissioned officer in charge of a guard or party</td> +<td> Six months' confinement at hard labor and forfeiture of $10 per + month for the same period; for noncommissioned officer, reduction + in addition thereto.</td> +</tr><tr> +<td> Using threatening or insulting language or behaving in an + insubordinate manner to a noncommissioned officer in the execution of his office</td> +<td> One month's confinement at hard labor and forfeiture of $10; for + while noncommissioned officer, reduction in addition thereto.</td> +</tr><tr> +<td> Absence from fatigue duty</td> +<td> Forfeiture of $4; corporal, $5; sergeant, $6.</td> +</tr><tr> +<td> Absence from extra or special duty</td> +<td> Forfeiture of $4; corporal, $5; sergeant, $6.</td> +</tr><tr> +<td> Absence from duty as company or hospital cook</td> +<td> Forfeiture of $10.</td> +</tr><tr> +<td> Introducing liquor into post or camp in violation of standing orders</td> +<td> Forfeiture of $3; for noncommissioned officer, reduction and forfeiture of $5.</td> +</tr><tr> +<td> Drunkenness at post or in quarters</td> +<td> Forfeiture of $3; for noncommissioned officer, reduction and forfeiture of $5.</td> +</tr><tr> +<td> Drunkenness and disorderly conduct, causing the offender's + arrest and conviction by civil authorities at a place within + 10 miles of his station</td> +<td> Forfeiture of $10 and 7 days' confinement at hard labor; for + noncommissioned officer, reduction and forfeiture of $12.</td> +</tr><tr> +<td> Noisy or disorderly conduct in quarters</td> +<td> Forfeiture of $4; corporal, $7; sergeant, $10.</td> +</tr><tr> +<td> Abuse by noncommissioned officer of his authority over an inferior</td> +<td> Reduction, 3 months' confinement at hard labor, and forfeiture of $10 per month for the same period.</td> +</tr><tr> +<td> Noncommissioned officer encouraging gambling</td> +<td> Reduction and forfeiture of $5.</td> +</tr><tr> +<td> Noncommissioned officer making false report</td> +<td> Reduction, forfeiture of $8, and 10 days' confinement at hard labor.</td> +</tr><tr> +<td> Sentinel allowing a prisoner under his charge to escape through neglect</td> +<td> Six months' confinement at hard labor and forfeiture of $10 per month for the same period. +</tr><tr> +<td> Sentinel willfully suffering prisoner under his charge to escape</td> +<td> Dishonorable discharge, forfeiture of all pay and allowances, and 1 year's imprisonment.</td> +</tr><tr> +<td> Sentinel allowing a prisoner under his charge to obtain liquor</td> +<td> Two months' confinement at hard labor and forfeiture of $10 per month for the same period.</td> +</tr><tr> +<td> Sentinel or member of guard drinking liquor with prisoners</td> +<td> Two months' confinement at hard labor and forfeiture of $10 per month for the same period.</td> +</tr><tr> +<td> Disrespect or affront to a sentinel</td> +<td> Two month's confinement at hard labor and forfeiture of $10 per month for + the same period; for noncommissioned officer, reduction in addition thereto.</td> +</tr><tr> +<td> Resisting or disobeying sentinel in lawful execution of his duty</td> +<td> Six months' confinement at hard labor and forfeiture of $10 per month for + the same period; for noncommissioned officer, reduction in addition thereto.</td> +</tr><tr> +<td> Lewd or indecent exposure of person</td> +<td> Three month's confinement at hard labor and forfeiture of $10 per + month for the same period; for noncommissioned officer, reduction in addition thereto.</td> +</tr> +</table> + + + +<p> + III. (1) When a soldier shall be found guilty of an offense cognizable + when committed for the first time by an inferior court-martial, his + punishment therefor may exceed the prescribed limit by one-half if it + shall appear that during his current enlistment and within two years + preceding his trial he has been once convicted of one offense or more; + it may be doubled if he has been twice so convicted, and it may be + increased by one-half of the prescribed limit for every such previous + conviction: <i>Provided</i>, That upon proof of five or more previous + convictions the punishment may be that authorized for a fifth + conviction, or dishonorable discharge with forfeiture of all pay and + allowances. When found guilty of an offense cognizable only by a general + court-martial, and on proof of five or more previous convictions within + the two years, dishonorable discharge with forfeiture of all pay and + allowances may be added to any confinement at hard labor. And when + a noncommissioned officer shall be found guilty of an offense not + punishable by reduction, reduction may be added to the punishment if it + shall appear that he has been convicted of a military offense within one + year and during his current enlistment. +</p> +<p> + (2) After arriving at the findings a court-martial may be opened to + receive evidence of previous convictions. These convictions must be + proved by the records of previous trials or by duly authenticated orders + promulgating the same, showing the actual offenses of which the soldier + was convicted, except in the cases of convictions by summary court, when + a duly authenticated copy of the record of said court shall be deemed + sufficient proof. Charges forwarded to the authority ordering a general + court-martial or submitted to a summary garrison or regimental court + must be accompanied by the proper evidence of such previous convictions + as may have to be considered in determining upon a sentence. Paragraphs + 1017 and 1018 of the Regulations are superseded by this order. +</p> +<p> + IV. This order prescribes the <i>maximum</i> limit of punishment for the + offenses named, and this limit is intended for those cases where the + severest punishment should be awarded. In other cases the punishment + must be graded down according to the extenuating circumstances. Offenses + not herein provided for remain punishable as authorized by the Articles + of War and the custom of the service. +</p> +<p> + V. Summary courts are subject to the restrictions named in the + eighty-third article of war. Soldiers against whom charges may be + preferred for trial by summary court shall not be confined in the + guardhouse, but shall be placed in arrest in quarters before and during + trial and while awaiting sentence, unless in particular cases restraint + may be deemed necessary. +</p> +<p> + VI. The following substitutions for punishments named in Section II of + this order are authorized, at the discretion of the court: +</p> +<p> + Detention of pay to the extent of four times the amount of the + forfeiture; two days' confinement at hard labor for $1 of forfeited pay; + one day's solitary confinement on bread and water diet for two days' + confinement at hard labor or for $1 of forfeited pay: <i>Provided</i>, That a + noncommissioned officer not sentenced to reduction shall not be subject + to confinement: <i>And provided</i>, That solitary confinement shall not + exceed fourteen days at one time nor be repeated until fourteen days + have elapsed, and shall not exceed eighty-four days in one year. + Wherever the limit herein prescribed for an offense or offenses may + be brought within the punishing power of inferior courts-martial, + as defined by the eighty-third article of war, by substitution of + punishment under the provisions of this section, the aforesaid courts + shall be deemed to have jurisdiction of such offense or offenses. +</p> +<p> + VII. Sergeants shall not if they object thereto be brought to trial + before regimental, garrison, or summary courts-martial without the + authority of the officer competent to order their trial by general + court-martial; nor shall sergeants of the post noncommissioned staff + be reduced, but they may be dishonorably discharged whenever reduction + is included in the limit of punishment. Paragraphs 105 and 254 of the + Regulations, the latter as amended by General Orders, No. 67, series + of 1890, Adjutant-General's Office, are modified accordingly. +</p> +<p class="r"> + BENJ. HARRISON. +</p> +<p><br> +By the President:<br> + REDFIELD PROCTOR,<br> + <i>Secretary of War</i>. +</p> +<p> </p><p> </p> + +<center> + AMENDMENT OF CIVIL-SERVICE RULES. +</center> +<p class="r"> + MARCH 4, 1891. +</p> +<p> + Special Departmental Rule No. 1 is hereby amended so as to include + among the places excepted from examination therein the following: +</p> +<p class="q"> + In the Department of Agriculture, in the office of the Secretary: Clerk + to act as appointment clerk. +</p> +<p class="r"> + BENJ. HARRISON. +</p> +<p> </p><p> </p> + + +<center> + AMENDMENT OF CIVIL-SERVICE RULES. +</center> +<p class="r"> + MARCH 16, 1891. +</p> +<p> + Special Departmental Rule No. 1 is hereby amended so as to include among + the places excepted from examination therein the following: +</p> +<p class="q"> + In the Post-Office Department, office of the First Assistant + Postmaster-General: Assistant superintendent of free delivery. +</p> +<p class="r"> + BENJ. HARRISON. +</p> +<p> </p><p> </p> + + +<center> + AMENDMENT OF CIVIL-SERVICE RULES. +</center> +<p class="r"> + APRIL 3, 1891. +</p> +<p> + Special Departmental Rule No. 1 is hereby amended so as to include among + the places excepted from examination therein the following: +</p> +<p class="q"> + In the Treasury Department, office of the Secretary: One clerk in the + office of the disbursing clerk. +</p> +<p class="r"> + BENJ. HARRISON. +</p> +<p> </p><p> </p> + + +<center> + CIVIL SERVICE—CLASSIFICATION OF INDIAN SERVICE. +</center> +<p class="r"> + DEPARTMENT OF THE INTERIOR, <i>Washington, April 13, 1891</i>. +</p> +<p> + By direction of the President of the United States and in accordance + with the third clause of section 6 of an act entitled "An act to + regulate and improve the civil service of the United States," approved + January 16, 1883— +</p> +<p> + <i>It is ordered</i>, That all physicians, school superintendents and + assistant superintendents, school-teachers, and matrons in the Indian + service be, and they are hereby, arranged in the following classes, + without regard to salary or compensation: +</p> +<p> + Class 1. Physicians. +</p> +<p> + Class 2. School superintendents and assistant superintendents. +</p> +<p> + Class 3. School-teachers. +</p> +<p> + Class 4. Matrons. +</p> +<p> + <i>Provided</i>, That no person who may be required by law to 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 laborer or workman or in + connection with any contract schools, shall be considered as within this + classification, and no person so employed shall be assigned to the + duties of a classified place. +</p> +<p> + <i>It is further ordered</i>, 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 or + the appropriate board of examiners. +</p> +<p class="r"> + JOHN W. NOBLE, <i>Secretary</i>. +</p> +<p> </p><p> </p> + +<p class="r"> + EXECUTIVE MANSION, <i>April 13, 1891</i>. +</p> +<p> + The Secretary of the Interior: +</p> +<p> + I approve of the within classification, and if you see no reason to + suggest any further modification you will please put it in force. +</p> +<p class="r"> + BENJ. HARRISON. +</p> +<p> </p><p> </p> + + +<center> + AMENDMENTS OF CIVIL-SERVICE RULES. +</center> +<p class="r"> + APRIL 13, 1891. +</p> +<p> + Clause (<i>c</i>) of section 2 of General Rule III is hereby revoked, and + clauses (<i>d</i>), (<i>e</i>), (<i>f</i>), (<i>g</i>) and (<i>h</i>) are lettered, respectively, + (<i>c</i>), (<i>d</i>), (<i>e</i>), (<i>f</i>), and (<i>g</i>). +</p> +<p class="r"> + BENJ. HARRISON. +</p> +<p> </p><p> </p> + + +<h3> + BY THE PRESIDENT OF THE UNITED STATES. +</h3> +<h4> + EXECUTIVE ORDER. +</h4> +<p class="r"> + EXECUTIVE MANSION, <i>May 25, 1891</i>. +</p> +<p> + <i>It is hereby ordered</i>, That the several Executive Departments and the + Government Printing Office be closed on Saturday, the 30th instant, to + enable the employees to participate in the decoration of the graves of + the soldiers and sailors who fell in defense of the Union during the War + of the Rebellion. +</p> +<p class="r"> + BENJ. HARRISON. +</p> +<p> </p><p> </p> + + +<p class="r"> + EXECUTIVE MANSION, <i>Washington, D.C., July 6, 1891</i>. +</p> +<p> + <i>To the People of the United States</i>: +</p> +<p> + The President, with a profound feeling of sorrow, announces the death of + Hannibal Hamlin, at one time Vice-President of the United States, who + died at Bangor, Me., on the evening of Saturday, July 4. +</p> +<p> + Few men in this country have filled more important and more + distinguished public positions than Mr. Hamlin, and in recognition of + his many eminent and varied services and as an expression of the great + respect and reverence which are felt for his memory it is ordered that + the national flag be displayed at half-mast upon the public buildings of + the United States on the day of his funeral. +</p> +<p class="r"> + BENJ. HARRISON. +</p> +<p><br> +By the President:<br> + WILLIAM F. WHARTON,<br> + <i>Acting Secretary of State</i>. +</p> +<p> </p><p> </p> + +<center> + AMENDMENTS OF CIVIL-SERVICE RULES. +</center> +<p class="r"> + EXECUTIVE MANSION, <i>August 6, 1891</i>. +</p> +<p> + The civil-service rules are hereby amended as follows: +</p> +<center> + GENERAL RULE II. +</center> +<p> + In line 1 strike out the word "four" and insert in lieu thereof the word + "five." Add at the end of the rule the following: +</p> +<p class="q"> + 5. The classified Indian service. +</p> +<center> + GENERAL RULE III. +</center> +<p> + Strike out paragraphs 1 and 2 of section 6 of General Rule III and + insert in lieu thereof the following: +</p> +<p class="q"> + So far as practicable and useful, competitive examinations shall be + established in the classified civil service to test fitness for + promotion, under such regulations as the Commission may make. Until + such regulations have been applied to any part of the classified + service promotions therein shall be made in the manner prescribed + by the rule applicable thereto. +</p> +<center> + DEPARTMENTAL RULE VI. +</center> +<p> + Strike out the first sentence of section 6 and transfer the remaining + sentence to section 5. Change the numbers of sections 7, 8, 9, and 10 + to 6, 7, 8, and 9, respectively. +</p> +<center> + CUSTOMS RULE III. +</center> +<p> + Strike out the first sentence of section 5 and transfer the remaining + sentence to section 4. Change the numbers of sections 6, 7, 8, and 9 + to 5, 6, 7, and 8, respectively. +</p> +<center> + POSTAL RULE III. +</center> +<p> + Strike out the first sentence of section 5 and transfer the remaining + sentence to section 4. Change the numbers of sections 6, 7, 8, and 9 + to 5, 6, 7, and 8, respectively. +</p> +<center> + RAILWAY MAIL RULE III. +</center> +<p> + Strike out the first sentence of section 7 and transfer the remaining + sentence to section 4. Change the numbers of sections 8, 9, 10, 11, and + 12 to 7, 8, 9, 10, and 11, respectively. +</p> +<center> + RAILWAY MAIL RULE II. +</center> +<p> + Insert an additional clause to section 5, as follows: +</p> +<p class="q"> + (<i>f</i>) Transfer clerks at junction points or stations where not more + than two such clerks are employed. +</p> +<center> + RAILWAY MAIL RULE IV. +</center> +<p> + Insert an additional proviso at the end of clause (<i>b</i>) of section 2, as + follows: +</p> +<p class="q"> + <i>Provided further</i>, That on a line on which the service does not + require the full time of a clerk, and one can be employed jointly with + the railroad company, the appointment may be made without examination + and certification, with the consent of the Commission, upon a statement + of the facts by the General Superintendent; but no clerk so appointed + shall be eligible for transfer or appointment to any other place in the + service. +</p> +<p> + In section 6, line 3, strike out the word "twenty" and insert in lieu + thereof the word "ten." +</p> +<p> + In section 7, line 6, strike out the word "thirty" and insert in lieu + thereof the word "sixty;" in the same line strike out the word "to" and + insert in lieu thereof the words "in periods of;" in line 7 strike out + the words "who have been in the railway mail service." +</p> +<p class="r"> + BENJ. HARRISON. +</p> +<p> </p><p> </p> + + +<center> + CIVIL SERVICE—INDIAN RULES. +</center> +<center> + INDIAN RULE I. +</center> +<p> + The classified Indian service shall include all the physicians, school + superintendents, assistant superintendents, school-teachers, and matrons + in that service, classified under the provisions of section 6 of the act + to regulate and improve the civil service of the United States, approved + January 16, 1883. +</p> +<center> + INDIAN RULE II. +</center> +<p> + 1. To test fitness for admission to the classified Indian service + examinations of a practical character shall be provided on such subjects + as the Commission may direct for physician, superintendent, assistant + superintendent, teachers, and matrons. +</p> +<p> + 2. The following age limitations shall apply to applicants for + examination for the classified Indian service: For physician, not under + 25 years of age nor over 45; for superintendent, not under 25 nor over + 50; for assistant superintendent and for teacher, not under 20 nor over + 50; for matron, not under 25 nor over 55: <i>Provided</i>, That these + limitations shall not apply to the wives of superintendents of Indian + schools who apply for the position of matron, nor shall the maximum + limitations apply to persons allowed preference under section 1754, + Revised Statutes, by the Commission. +</p> +<p> + 3. Blank forms of application shall be furnished by the Commission, and + the date of reception and also of approval by the Commission of each + application shall be noted on the application paper. +</p> +<center> + INDIAN RULE III. +</center> +<p> + 1. The papers of every examination shall be marked under regulations + made by the Commission. Bach competitor shall be graded on a scale of + 100, according to the general average determined by the markings. +</p> +<p> + 2. Immediately after the general average shall have been ascertained + each competitor shall be notified that he has passed or has failed to + pass. +</p> +<p> + 3. A competitor who has failed to pass an examination may, with the + consent of the Commission, be allowed reexamination at any time within + six months from the date of failure without filing a new application; + but if he be not allowed reexamination within six months he shall be + required to file a new application before being again examined. +</p> +<p> + 4. No eligible shall be allowed reexamination during the period of his + eligibility unless he shall furnish satisfactory evidence to the + Commission that at the time of his examination, because of illness or + other good cause, he was incapable of doing himself justice; and his + rating on such reexamination shall cancel and be a substitute for his + rating on his former examination. +</p> +<p> + 5. All competitors whose claim to preference under section 1754 of the + Revised Statutes have been allowed by the Commission who attain a + general average of 65 per cent or over, and all other competitors who + attain a general average of 70 per cent or over, shall be eligible for + appointment to the place for which they were examined. The names of all + the competitors thus rendered eligible shall be entered in the order of + grade on the proper register of eligibles. +</p> +<p> + 6. When two or more eligibles are of the same grade, preference in + certification shall be determined by the order in which the application + papers are filed. +</p> +<p> + 7. For the Indian service there shall be four districts and a separate + register of eligibles for each grade of examination for each district, + the names of males and females being listed separately on each register. + The districts shall be comprised as follows: No. 1, of the States of + Michigan, Wisconsin, Minnesota, Iowa, Nebraska, North Dakota, South + Dakota, Montana, and Wyoming; No. 2, of the States of Idaho, Washington, + Oregon, Nevada, and that part of California lying north of the + thirty-seventh parallel of latitude, and the Territory of Utah; No. 3, + of that part of California lying south of the thirty-seventh parallel of + latitude, the Territories of Arizona, New Mexico, Oklahoma, the Indian + Territory, and the States of Colorado, Kansas, Missouri, Arkansas, + Louisiana, and Texas; No. 4, of all the States of the United States not + embraced in any of the foregoing districts, together with the District + of Columbia. Upon the written request of any eligible his name shall be + entered upon the register of any one or more of the districts other than + that in which he resides: <i>Provided</i>, That he shall state in writing his + willingness to accept service wherever assigned in any such district. +</p> +<p> + 8. The period of eligibility to appointment shall be one year from the + date on which the name of the eligible is entered on the register unless + otherwise determined by regulation of the Commission. +</p> +<center> + INDIAN RULE IV. +</center> +<p> + 1. All vacancies, unless filled by promotion, transfer, or + reappointment, shall be filled in the following manner: +</p> +<p> + (<i>a</i>) The Commissioner of Indian Affairs, through the Secretary of the + Interior, shall, in form and manner to be prescribed by the Commission, + request the certification to him of male or female eligibles from the + district in which the vacancy exists. +</p> +<p> + (<i>b</i>) If fitness for the vacant place is tested by competitive + examination, the Commission shall certify from the proper register of + the district in which the vacancy exists the names of the three + eligibles thereon of the sex called for having the highest averages: + <i>Provided</i>, That the eligibles upon any register who have been allowed + preference under section 1754 of the Revised Statutes shall be certified + according to their grade before all other eligibles thereon: <i>And + provided further</i>, That if the vacancy is in the grade of matron or + teacher, and the wife of the superintendent of the school in which the + vacancy exists is an eligible, she may be given preference in + certification if the appointing officer so requests. +</p> +<p> + 2. Of the three names certified to him the appointing officer shall + select one, and if at the time of making this selection there are more + vacancies than one he may select more than one: <i>Provided</i>, That if the + appointing officer to whom certification has been made shall object in + writing to any eligible named in the certificate, stating that because + of physical incapacity or for other good cause particularly specified + such eligible is not capable of properly performing the duties of the + vacant place, the Commission may, upon investigation and ascertainment + of the fact that the objection made is good and well founded, direct the + certification of another eligible in place of the one objected to. +</p> +<p> + 3. Each person thus designated for appointment shall be notified, + and upon indicating acceptance shall be appointed for a probationary + period—if a physician, for six months, and if a school employee, to + expire at the end of the then current school year—at the end of which + period, if his conduct and capacity be satisfactory to the appointing + officer, he shall receive absolute appointment; but if his conduct and + capacity be not satisfactory to said officer he shall be so notified, + and this notification shall be his discharge from the service: + <i>Provided</i>, That any probationer may be discharged during probation for + misconduct or evident unfitness or incapacity. +</p> +<p> + 4. The Commissioner of Indian Affairs shall require the officer + under whom a probationer may be serving to carefully observe and + report in writing upon the services rendered by and the character and + qualifications of such probationer as to punctuality, industry, habits, + ability, and adaptability. These reports shall be preserved on file, and + the Commission may prescribe the form and manner in which they shall be + made. +</p> +<p> + 5. In case of the sudden occurrence of a vacancy 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. +</p> +<center> + INDIAN RULE V. +</center> +<p> + Until promotion regulations shall have been applied to the classified + Indian service promotions therein may be made upon any test of fitness + determined upon by the promoting officer if not disapproved by the + Commission: <i>Provided</i>, That preference in promotion in any school shall + be given to those longest in the service unless there are good reasons + to the contrary; and when such reasons prevail they shall, through the + proper channels, be reported to the Commission: <i>And provided further</i>, + That no one shall be promoted to any grade he could not enter by + original appointment under the minimum age limitation applied thereto + by Indian Rule II, section 2, and that no one shall be promoted to the + grade of physician from any other grade. +</p> +<center> + INDIAN RULE VI. +</center> +<p> + Subject to the conditions stated in Rule IV, transfers may be made after + absolute appointment from one school to another and from one district to + another under such regulations as the Commissioner of Indian Affairs, + with the approval of the Secretary of the Interior, may prescribe. +</p> +<center> + INDIAN RULE VII. +</center> +<p> + Upon the requisition of the Commissioner of Indian Affairs, through + the Secretary of the Interior, the Commission shall certify for + reinstatement in a grade or class no higher than that in which he was + formerly employed any person who within one year next preceding the + date of the requisition has through no delinquency or misconduct + been separated from the classified Indian service: <i>Provided</i>, 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 of the United States in the late War of the Rebellion and was + honorably discharged therefrom, without regard to the length of time + he has been separated from the service. +</p> +<center> + INDIAN RULE VIII. +</center> +<p> + The Commissioner of Indian Affairs shall report to the Commission— +</p> +<p> + (<i>a</i>) Every probational and every absolute appointment in the classified + Indian service. +</p> +<p> + (<i>b</i>) Every refusal to make an absolute appointment and the reason + therefor, and every refusal to accept an appointment. +</p> +<p> + (<i>c</i>) Every separation from the classified Indian service and the cause + of such separation, whether death, resignation, or dismissal. +</p> +<p> + (<i>d</i>) Every restoration to the classified Indian service. +</p> +<p> + These rules shall take effect October 1, 1891. +</p> +<p class="r"> + BENJ. HARRISON. +</p> +<p> </p><p> </p> + + +<center> + AMENDMENT OF CIVIL SERVICE RULES. +</center> +<p class="r"> + OCTOBER 9, 1891. +</p> +<p> + General Rule III, clause 6, is hereby amended by striking out the words + "under such regulations as the Commission may make" and substituting + therefor the following: "under regulations to be approved by the + President;" so that as amended the clause will read as follows: +</p> +<p class="q"> + So far as practicable and useful competitive examinations shall be + established in the classified civil service to test fitness for + promotion under regulations to be approved by the President. +</p> +<p class="r"> + BENJ. HARRISON. +</p> +<p> + Whereas civil-service rules for the Indian service were approved to take + effect October 1, 1891; and +</p> +<p> + Whereas it is represented to me by the Civil Service Commission in a + communication of this date that no persons have as yet been examined for + appointment to that service, and that it seems probable that complete + arrangements for putting said rules into full effect will not be made + sooner than March 1, 1892: +</p> +<p> + <i>It is therefore ordered</i>, That said Indian rules shall take effect + March 1, 1892, instead of October 1, 1891: <i>Provided</i>, That said rules + shall become operative and take effect in any district of the Indian + service as soon as an eligible register for such district shall be + provided, if it shall be prior to the date above fixed. +</p> +<p> </p><p> </p> + +<p class="r"> + EXECUTIVE MANSION, <i>October 13, 1891</i>. +</p> +<p> + Upon the recommendation of the Commission the foregoing order is + approved. +</p> +<p class="r"> + BENJ. HARRISON. +</p> +<p> </p><p> </p> + + +<center> + AMENDMENT OF CIVIL-SERVICE RULES. +</center> +<p class="r"> + NOVEMBER 24, 1891. +</p> +<p> + Special Departmental Rule No. 1 is hereby amended so as to include among + the places excepted from examination the following: +</p> +<p class="q"> + In the Department of the Treasury, in the Bureau of Statistics: One + confidential clerk to the Chief of the Bureau. +</p> +<p class="r"> + BENJ. HARRISON. +</p> +<p> </p><p> </p> + + +<p class="r"> + EXECUTIVE MANSION, <i>Washington, December 4, 1891</i>. +</p> +<p> + SIR:<a href="#note-21"><small>21</small></a> In my message to the first session of the Fifty-first Congress + I said: +</p> +<p class="q"> + I have suggested to the heads of the Executive Departments that they + consider whether a record might not be kept in each bureau of all those + elements that are covered by the terms "faithfulness" and "efficiency," + and a rating made showing the relative merits of the clerks of each + class, this rating to be regarded as a test of merit in making + promotions. +</p> +<p> + In some of the Departments this suggestion has been acted upon in part + at least, and I now direct that in your Department a plan be at once + devised and put in operation for keeping an efficiency record of all + persons within the classified service, with a view to placing promotions + wholly upon the basis of merit. +</p> +<p> + It is intended to make provision for carrying into effect the + stipulations of the civil-service law in relation to promotions in + the classified service. To that end the rule requiring compulsory + examination has been rescinded. In my opinion the examination for + promotion of those who present themselves should be chiefly, if not + wholly, upon their knowledge of the work of the bureau or Department to + which they belong and the record of efficiency made by them during their + previous service. I think the records of efficiency kept from day to day + should be open to the inspection of the clerks. +</p> +<p> + Very respectfully, yours, +</p> +<p class="r"> + BENJ. HARRISON. +</p> + + +<div style="height: 4em;"><br><br><br><br></div> + +<h2> + THIRD ANNUAL MESSAGE. +</h2> +<p class="r"> + EXECUTIVE MANSION, <i>December 9, 1891</i>. +</p> +<p> + <i>To the Senate and House of Representatives</i>: +</p> +<p> + The reports of the heads of the several Executive Departments, required + by law to be submitted to me, which are herewith transmitted, and the + reports of the Secretary of the Treasury and the Attorney-General, made + directly to Congress, furnish a comprehensive view of the administrative + work of the last fiscal year relating to internal affairs. It would be + of great advantage if these reports could have an attentive perusal by + every member of Congress and by all who take an interest in public + affairs. Such a perusal could not fail to excite a higher appreciation + of the vast labor and conscientious effort which are given to the + conduct of our civil administration. +</p> +<p> + The reports will, I believe, show that every question has been + approached, considered, and decided from the standpoint of public duty + and upon considerations affecting the public interests alone. Again I + invite to every branch of the service the attention and scrutiny of + Congress. +</p> +<p> + The work of the State Department during the last year has been + characterized by an unusual number of important negotiations and by + diplomatic results of a notable and highly beneficial character. Among + these are the reciprocal trade arrangements which have been concluded, + in the exercise of the powers conferred by section 3 of the tariff law, + with the Republic of Brazil, with Spain for its West India possessions, + and with Santo Domingo. Like negotiations with other countries have been + much advanced, and it is hoped that before the close of the year further + definitive trade arrangements of great value will be concluded. +</p> +<p> + In view of the reports which had been received as to the diminution of + the seal herds in the Bering Sea, I deemed it wise to propose to Her + Majesty's Government in February last that an agreement for a closed + season should be made pending the negotiations for arbitration, which + then seemed to be approaching a favorable conclusion. After much + correspondence and delays, for which this Government was not + responsible, an agreement was reached and signed on the 15th of June, by + which Great Britain undertook from that date and until May 1, 1892, to + prohibit the killing by her subjects of seals in the Bering Sea, and the + Government of the United States during the same period to enforce its + existing prohibition against pelagic sealing and to limit the catch by + the fur-seal company upon the islands to 7,500 skins. If this agreement + could have been reached earlier in response to the strenuous endeavors + of this Government, it would have been more effective; but coming even + as late as it did it unquestionably resulted in greatly diminishing the + destruction of the seals by the Canadian sealers. +</p> +<p> + In my last annual message I stated that the basis of arbitration + proposed by Her Majesty's Government for the adjustment of the + long-pending controversy as to the seal fisheries was not acceptable. + I am glad now to be able to announce that terms satisfactory to this + Government have been agreed upon and that an agreement as to the + arbitrators is all that is necessary to the completion of the + convention. In view of the advanced position which this Government has + taken upon the subject of international arbitration, this renewed + expression of our adherence to this method for the settlement of + disputes such as have arisen in the Bering Sea will, I doubt not, meet + with the concurrence of Congress. +</p> +<p> + Provision should be made for a joint demarcation of the frontier line + between Canada and the United States wherever required by the increasing + border settlements, and especially for the exact location of the water + boundary in the straits and rivers. +</p> +<p> + I should have been glad to announce some favorable disposition of the + boundary dispute between Great Britain and Venezuela touching the + western frontier of British Guiana, but the friendly efforts of the + United States in that direction have thus far been unavailing. This + Government will continue to express its concern at any appearance of + foreign encroachment on territories long under the administrative + control of American States. The determination of a disputed boundary + is easily attainable by amicable arbitration where the rights of the + respective parties rest, as here, on historic facts readily + ascertainable. +</p> +<p> + The law of the last Congress providing a system of inspection for our + meats intended for export, and clothing the President with power to + exclude foreign products from our market in case the country sending + them should perpetuate unjust discriminations against any product of the + United States, placed this Government in a position to effectively urge + the removal of such discriminations against our meats. It is gratifying + to be able to state that Germany, Denmark, Italy, Austria, and France, + in the order named, have opened their ports to inspected American pork + products. The removal of these restrictions in every instance was asked + for and given solely upon the ground that we have now provided a meat + inspection that should be accepted as adequate to the complete removal + of the dangers, real or fancied, which had been previously urged. The + State Department, our ministers abroad, and the Secretary of Agriculture + have cooperated with unflagging and intelligent zeal for the + accomplishment of this great result. The outlines of an agreement have + been reached with Germany looking to equitable trade concessions in + consideration of the continued free importation of her sugars, but the + time has not yet arrived when this correspondence can be submitted to + Congress. +</p> +<p> + The recent political disturbances in the Republic of Brazil have + excited regret and solicitude. The information we possessed was too + meager to enable us to form a satisfactory judgment of the causes + leading to the temporary assumption of supreme power by President + Fonseca; but this Government did not fail to express to him its anxious + solicitude for the peace of Brazil and for the maintenance of the free + political institutions which had recently been established there, nor to + offer our advice that great moderation should be observed in the clash + of parties and the contest for leadership. These counsels were received + in the most friendly spirit, and the latest information is that + constitutional government has been reestablished without bloodshed. +</p> +<p> + The lynching at New Orleans in March last of eleven men of Italian + nativity by a mob of citizens was a most deplorable and discreditable + incident. It did not, however, have its origin in any general animosity + to the Italian people, nor in any disrespect to the Government of Italy, + with which our relations were of the most friendly character. The fury + of the mob was directed against these men as the supposed participants + or accessories in the murder of a city officer. I do not allude to this + as mitigating in any degree this offense against law and humanity, but + only as affecting the international questions which grew out of it. It + was at once represented by the Italian minister that several of those + whose lives had been taken by the mob were Italian subjects, and a + demand was made for the punishment of the participants and for an + indemnity to the families of those who were killed. It is to be + regretted that the manner in which these claims were presented was not + such as to promote a calm discussion of the questions involved; but this + may well be attributed to the excitement and indignation which the crime + naturally evoked. The views of this Government as to its obligations to + foreigners domiciled here were fully stated in the correspondence, as + well as its purpose to make an investigation of the affair with a view + to determine whether there were present any circumstances that could + under such rules of duty as we had indicated create an obligation upon + the United States. The temporary absence of a minister plenipotentiary + of Italy at this capital has retarded the further correspondence, but + it is not doubted that a friendly conclusion is attainable. +</p> +<p> + Some suggestions growing out of this unhappy incident are worthy the + attention of Congress. It would, I believe, be entirely competent for + Congress to make offenses against the treaty rights of foreigners + domiciled in the United States cognizable in the Federal courts. This + has not, however, been done, and the Federal officers and courts have no + power in such cases to intervene, either for the protection of a foreign + citizen or for the punishment of his slayers. It seems to me to follow, + in this state of the law, that the officers of the State charged with + police and judicial powers in such cases must in the consideration of + international questions growing out of such incidents be regarded in + such sense as Federal agents as to make this Government answerable for + their acts in cases where it would be answerable if the United States + had used its constitutional power to define and punish crime against + treaty rights. +</p> +<p> + The civil war in Chile, which began in January last, was continued, but + fortunately with infrequent and not important armed collisions, until + August 28, when the Congressional forces landed near Valparaiso and + after a bloody engagement captured that city. President Balmaceda at + once recognized that his cause was lost, and a Provisional Government + was speedily established by the victorious party. Our minister was + promptly directed to recognize and put himself in communication with + this Government so soon as it should have established its <i>de facto</i> + character, which was done. During the pendency of this civil contest + frequent indirect appeals were made to this Government to extend + belligerent rights to the insurgents and to give audience to their + representatives. This was declined, and that policy was pursued + throughout which this Government when wrenched by civil war so + strenuously insisted upon on the part of European nations. The <i>Itata</i>, + an armed vessel commanded by a naval officer of the insurgent fleet, + manned by its sailors and with soldiers on board, was seized under + process of the United States court at San Diego, Cal., for a violation + of our neutrality laws. While in the custody of an officer of the court + the vessel was forcibly wrested from his control and put to sea. It + would have been inconsistent with the dignity and self-respect of this + Government not to have insisted that the <i>Itata</i> should be returned to + San Diego to abide the judgment of the court. This was so clear to the + junta of the Congressional party, established at Iquique, that before + the arrival of the <i>Itata</i> at that port the secretary of foreign + relations of the Provisional Government addressed to Rear-Admiral Brown, + commanding the United States naval forces, a communication, from which + the following is an extract: +</p> +<p class="q"> + The Provisional Government has learned by the cablegrams of the + Associated Press that the transport <i>Itata</i>, detained in San Diego by + order of the United States for taking on board munitions of war, and + in possession of the marshal, left the port, carrying on board this + official, who was landed at a point near the coast, and then continued + her voyage. * * * If this news be correct this Government would deplore + the conduct of the <i>Itata</i>, and as an evidence that it is not disposed + to support or agree to the infraction of the laws of the United States + the undersigned takes advantage of the personal relations you have been + good enough to maintain with him since your arrival in this port to + declare to you that as soon as she is within reach of our orders his + Government will put the <i>Itata</i>, with the arms and munitions she took + on board in San Diego, at the disposition of the United States. +</p> +<p> + A trial in the district court of the United States for the southern + district of California has recently resulted in a decision holding, + among other things, that inasmuch as the Congressional party had not + been recognized as a belligerent the acts done in its interest could not + be a violation of our neutrality laws. From this judgment the United + States has appealed, not that the condemnation of the vessel is a matter + of importance, but that we may know what the present state of our law + is; for if this construction of the statute is correct there is obvious + necessity for revision and amendment. +</p> +<p> + During the progress of the war in Chile this Government tendered its + good offices to bring about a peaceful adjustment, and it was at one + time hoped that a good result might be reached; but in this we were + disappointed. +</p> +<p> + The instructions to our naval officers and to our minister at Santiago + from the first to the last of this struggle enjoined upon them the most + impartial treatment and absolute noninterference. I am satisfied that + these instructions were observed and that our representatives were + always watchful to use their influence impartially in the interest of + humanity, and on more than one occasion did so effectively. We could not + forget, however, that this Government was in diplomatic relations with + the then established Government of Chile, as it is now in such relations + with the successor of that Government. I am quite sure that President + Montt, who has, under circumstances of promise for the peace of Chile, + been installed as President of that Republic, will not desire that in + the unfortunate event of any revolt against his authority the policy + of this Government should be other than that which we have recently + observed. No official complaint of the conduct of our minister or + of our naval officers during the struggle has been presented to this + Government, and it is a matter of regret that so many of our own + people should have given ear to unofficial charges and complaints that + manifestly had their origin in rival interests and in a wish to pervert + the relations of the United States with Chile. +</p> +<p> + The collapse of the Government of Balmaceda brought about a condition + which is unfortunately too familiar in the history of the Central and + South American States. With the overthrow of the Balmaceda Government + he and many of his councilors and officers became at once fugitives for + their lives, and appealed to the commanding officers of the foreign + naval vessels in the harbor of Valparaiso and to the resident foreign + ministers at Santiago for asylum. This asylum was freely given, + according to my information, by the naval vessels of several foreign + powers and by several of the legations at Santiago. The American + minister as well as his colleagues, acting upon the impulse of humanity, + extended asylum to political refugees whose lives were in peril. I have + not been willing to direct the surrender of such of these persons as are + still in the American legation without suitable conditions. +</p> +<p> + It is believed that the Government of Chile is not in a position, in + view of the precedents with which it has been connected, to broadly deny + the right of asylum, and the correspondence has not thus far presented + any such denial. The treatment of our minister for a time was such as to + call for a decided protest, and it was very gratifying to observe that + unfriendly measures, which were undoubtedly the result of the prevailing + excitement, were at once rescinded or suitably relaxed. +</p> +<p> + On the 16th of October an event occurred in Valparaiso so serious and + tragic in its circumstances and results as to very justly excite the + indignation of our people and to call for prompt and decided action on + the part of this Government. A considerable number of the sailors of the + United States steamship <i>Baltimore</i>, then in the harbor at Valparaiso, + being upon shore leave and unarmed, were assaulted by armed men nearly + simultaneously in different localities in the city. One petty officer + was killed outright and seven or eight seamen were seriously wounded, + one of whom has since died. So savage and brutal was the assault that + several of our sailors received more than two and one as many as + eighteen stab wounds. An investigation of the affair was promptly made + by a board of officers of the <i>Baltimore</i>, and their report shows that + these assaults were unprovoked, that our men were conducting themselves + in a peaceable and orderly manner, and that some of the police of the + city took part in the assault and used their weapons with fatal effect, + while a few others, with some well-disposed citizens, endeavored to + protect our men. Thirty-six of our sailors were arrested, and some of + them while being taken to prison were cruelly beaten and maltreated. + The fact that they were all discharged, no criminal charge being lodged + against any one of them, shows very clearly that they were innocent of + any breach of the peace. +</p> +<p> + So far as I have yet been able to learn no other explanation of this + bloody work has been suggested than that it had its origin in hostility + to those men as sailors of the United States, wearing the uniform of + their Government, and not in any individual act or personal animosity. + The attention of the Chilean Government was at once called to this + affair, and a statement of the facts obtained by the investigation we + had conducted was submitted, accompanied by a request to be advised of + any other or qualifying facts in the possession of the Chilean + Government that might tend to relieve this affair of the appearance of + an insult to this Government. The Chilean Government was also advised + that if such qualifying facts did not exist this Government would + confidently expect full and prompt reparation. +</p> +<p> + It is to be regretted that the reply of the secretary for foreign + affairs of the Provisional Government was couched in an offensive tone. + To this no response has been made. This Government is now awaiting the + result of an investigation which has been conducted by the criminal + court at Valparaiso. It is reported unofficially that the investigation + is about completed, and it is expected that the result will soon be + communicated to this Government, together with some adequate and + satisfactory response to the note by which the attention of Chile + was called to this incident. If these just expectations should be + disappointed or further needless delay intervene, I will by a special + message bring this matter again to the attention of Congress for + such action as may be necessary. The entire correspondence with the + Government of Chile will at an early day be submitted to Congress. +</p> +<p> + I renew the recommendation of my special message dated January 16, + 1890,<a href="#note-22"><small>22</small></a> for the adoption of the necessary legislation to enable this + Government to apply in the case of Sweden and Norway the same rule in + respect to the levying of tonnage dues as was claimed and secured to the + shipping of the United States in 1828 under Article VIII of the treaty + of 1827. +</p> +<p> + The adjournment of the Senate without action on the pending acts for + the suppression of the slave traffic in Africa and for the reform of + the revenue tariff of the Independent State of the Kongo left this + Government unable to exchange those acts on the date fixed, July 2, + 1891. A <i>modus vivendi</i> has been concluded by which the power of the + Kongo State to levy duties on imports is left unimpaired, and by + agreement of all the signatories to the general slave trade act the time + for the exchange of ratifications on the part of the United States has + been extended to February 2, 1892. +</p> +<p> + The late outbreak against foreigners in various parts of the + Chinese Empire has been a cause of deep concern in view of the numerous + establishments of our citizens in the interior of that country. This + Government can do no less than insist upon a continuance of the + protective and punitory measures which the Chinese Government has + heretofore applied. No effort will be omitted to protect our citizens + peaceably sojourning in China, but recent unofficial information + indicates that what was at first regarded as an outbreak of mob violence + against foreigners has assumed the larger form of an insurrection + against public order. +</p> +<p> + The Chinese Government has declined to receive Mr. Blair as the minister + of the United States on the ground that as a participant while a Senator + in the enactment of the existing legislation against the introduction of + Chinese laborers he has become unfriendly and objectionable to China. + I have felt constrained to point out to the Chinese Government the + untenableness of this position, which seems to rest as much on the + unacceptability of our legislation as on that of the person chosen, + and which if admitted would practically debar the selection of any + representative so long as the existing laws remain in force. +</p> +<p> + You will be called upon to consider the expediency of making special + provision by law for the temporary admission of some Chinese artisans + and laborers in connection with the exhibit of Chinese industries at the + approaching Columbian Exposition. I regard it as desirable that the + Chinese exhibit be facilitated in every proper way. +</p> +<p> + A question has arisen with the Government of Spain touching the rights + of American citizens in the Caroline Islands. Our citizens there long + prior to the confirmation of Spain's claim to the islands had secured + by settlement and purchase certain rights to the recognition and + maintenance of which the faith of Spain was pledged. I have had reason + within the past year very strongly to protest against the failure to + carry out this pledge on the part of His Majesty's ministers, which has + resulted in great injustice and injury to the American residents. +</p> +<p> + The Government and people of Spain propose to celebrate the four + hundredth anniversary of the discovery of America by holding an + exposition at Madrid, which will open on the 12th of September and + continue until the 31st of December, 1892. A cordial invitation has + been extended to the United States to take part in this commemoration, + and as Spain was one of the first nations to express the intention to + participate in the World's Columbian Exposition at Chicago, it would + be very appropriate for this Government to give this invitation its + friendly promotion. +</p> +<p> + Surveys for the connecting links of the projected intercontinental + railway are in progress, not only in Mexico, but at various points along + the course mapped out. Three surveying parties are now in the field + under the direction of the commission. Nearly 1,000 miles of the + proposed road have been surveyed, including the most difficult part, + that through Ecuador and the southern part of Colombia. The reports of + the engineers are very satisfactory, and show that no insurmountable + obstacles have been met with. +</p> +<p> + On November 12, 1884, a treaty was concluded with Mexico reaffirming + the boundary between the two countries as described in the treaties of + February 2, 1848, and December 30, 1853. March 1, 1889, a further treaty + was negotiated to facilitate the carrying out of the principles of the + treaty of 1884 and to avoid the difficulties occasioned by reason of the + changes and alterations that take place from natural causes in the Rio + Grande and Colorado rivers in the portions thereof constituting the + boundary line between the two Republics. The International Boundary + Commission provided for by the treaty of 1889 to have exclusive + jurisdiction of any question that may arise has been named by the + Mexican Government. An appropriation is necessary to enable the United + States to fulfill its treaty obligations in this respect. +</p> +<p> + The death of King Kalakaua in the United States afforded occasion to + testify our friendship for Hawaii by conveying the King's body to his + own land in a naval vessel with all due honors. The Government of his + successor, Queen Liliuokolani, is seeking to promote closer commercial + relations with the United States. Surveys for the much-needed submarine + cable from our Pacific coast to Honolulu are in progress, and this + enterprise should have the suitable promotion of the two Governments. + I strongly recommend that provision be made for improving the harbor + of Pearl River and equipping it as a naval station. +</p> +<p> + The arbitration treaty formulated by the International American + Conference lapsed by reason of the failure to exchange ratifications + fully within the limit of time provided; but several of the Governments + concerned have expressed a desire to save this important result of + the conference by an extension of the period. It is, in my judgment, + incumbent upon the United States to conserve the influential initiative + it has taken in this measure by ratifying the instrument and by + advocating the proposed extension of the time for exchange. These views + have been made known to the other signatories. +</p> +<p> + This Government has found occasion to express in a friendly spirit, but + with much earnestness, to the Government of the Czar its serious concern + because of the harsh measures now being enforced against the Hebrews in + Russia. By the revival of antisemitic laws, long in abeyance, great + numbers of those unfortunate people have been constrained to abandon + their homes and leave the Empire by reason of the impossibility of + finding subsistence within the pale to which it is sought to confine + them. The immigration of these people to the United States—many other + countries being closed to them—is largely increasing and is likely + to assume proportions which may make it difficult to find homes and + employment for them here and to seriously affect the labor market. It is + estimated that over 1,000,000 will be forced from Russia within a few + years. The Hebrew is never a beggar; he has always kept the law—life by + toil—often under severe and oppressive civil restrictions. It is also + true that no race, sect, or class has more fully cared for its own than + the Hebrew race. But the sudden transfer of such a multitude under + conditions that tend to strip them of their small accumulations and to + depress their energies and courage is neither good for them nor for us. +</p> +<p> + The banishment, whether by direct decree or by not less certain indirect + methods, of so large a number of men and women is not a local question. + A decree to leave one country is in the nature of things an order to + enter another—some other. This consideration, as well as the suggestion + of humanity, furnishes ample ground for the remonstrances which we have + presented to Russia, while our historic friendship for that Government + can not fail to give the assurance that our representations are those of + a sincere wellwisher. +</p> +<p> + The annual report of the Maritime Canal Company of Nicaragua shows that + much costly and necessary preparatory work has been done during the year + in the construction of shops, railroad tracks, and harbor piers and + breakwaters, and that the work of canal construction has made some + progress. +</p> +<p> + I deem it to be a matter of the highest concern to the United States + that this canal, connecting the waters of the Atlantic and Pacific + oceans and giving to us a short water communication between our ports + upon those two great seas, should be speedily constructed and at the + smallest practicable limit of cost. The gain in freights to the people + and the direct saving to the Government of the United States in the use + of its naval vessels would pay the entire cost of this work within a + short series of years. The report of the Secretary of the Navy shows the + saving in our naval expenditures which would result. +</p> +<p> + The Senator from Alabama (Mr. Morgan) in his argument upon this subject + before the Senate at the last session did not overestimate the + importance of this work when he said that "the canal is the most + important subject now connected with the commercial growth and progress + of the United States." +</p> +<p> + If this work is to be promoted by the usual financial methods + and without the aid of this Government, the expenditures in its + interest-bearing securities and stock will probably be twice the actual + cost. This will necessitate higher tolls and constitute a heavy and + altogether needless burden upon our commerce and that of the world. + Every dollar of the bonds and stock of the company should represent a + dollar expended in the legitimate and economical prosecution of the + work. This is only possible by giving to the bonds the guaranty of the + United States Government. Such a guaranty would secure the ready sale at + par of a 3 per cent bond from time to time as the money was needed. I do + not doubt that built upon these business methods the canal would when + fully inaugurated earn its fixed charges and operating expenses. But if + its bonds are to be marketed at heavy discounts and every bond sold is + to be accompanied by a gift of stock, as has come to be expected by + investors in such enterprises, the traffic will be seriously burdened to + pay interest and dividends. I am quite willing to recommend Government + promotion in the prosecution of a work which, if no other means offered + for securing its completion, is of such transcendent interest that the + Government should, in my opinion, secure it by direct appropriations + from its Treasury. +</p> +<p> + A guaranty of the bonds of the canal company to an amount necessary + to the completion of the canal could, I think, be so given as not to + involve any serious risk of ultimate loss. The things to be carefully + guarded are the completion of the work within the limits of the + guaranty, the subrogation of the United States to the rights of the + first-mortgage bondholders for any amounts it may have to pay, and in + the meantime a control of the stock of the company as a security against + mismanagement and loss. I most sincerely hope that neither party nor + sectional lines will be drawn upon this great American project, so full + of interest to the people of all our States and so influential in its + effects upon the prestige and prosperity of our common country. +</p> +<p> + The island of Navassa, in the West Indian group, has, under the + provisions of Title VII of the Revised Statutes, been recognized by + the President as appertaining to the United States. It contains guano + deposits, is owned by the Navassa Phosphate Company, and is occupied + solely by its employees. In September, 1889, a revolt took place among + these laborers, resulting in the killing of some of the agents of the + company, caused, as the laborers claimed, by cruel treatment. These men + were arrested and tried in the United States court at Baltimore, under + section 5576 of the statute referred to, as if the offenses had been + committed on board a merchant vessel of the United States on the high + seas. There appeared on the trial and otherwise came to me such + evidences of the bad treatment of the men that in consideration of this + and of the fact that the men had no access to any public officer or + tribunal for protection or the redress of their wrongs I commuted the + death sentences that had been passed by the court upon three of them. + In April last my attention was again called to this island and to the + unregulated condition of things there by a letter from a colored + laborer, who complained that he was wrongfully detained upon the island + by the phosphate company after the expiration of his contract of + service. A naval vessel was sent to examine into the case of this man + and generally into the condition of things on the island. It was found + that the laborer referred to had been detained beyond the contract limit + and that a condition of revolt again existed among the laborers. A board + of naval officers reported, among other things, as follows: +</p> +<p class="q"> + We would desire to state further that the discipline maintained on the + island seems to be that of a convict establishment without its comforts + and cleanliness, and that until more attention is paid to the shipping + of laborers by placing it under Government supervision to prevent + misunderstanding and misrepresentation, and until some amelioration is + shown in the treatment of the laborers, these disorders will be of + constant occurrence. +</p> +<p> + I recommend legislation that shall place labor contracts upon this and + other islands having the relation that Navassa has to the United States + under the supervision of a court commissioner, and that shall provide + at the expense of the owners an officer to reside upon the island, with + power to judge and adjust disputes and to enforce a just and humane + treatment of the employees. It is inexcusable that American laborers + should be left within our own jurisdiction without access to any + Government officer or tribunal for their protection and the redress of + their wrongs. +</p> +<p> + International copyright has been secured, in accordance with the + conditions of the act of March 3, 1891, with Belgium, France, Great + Britain and the British possessions, and Switzerland, the laws of those + countries permitting to our citizens the benefit of copyright on + substantially the same basis as to their own citizens or subjects. +</p> +<p> + With Germany a special convention has been negotiated upon this subject + which will bring that country within the reciprocal benefits of our + legislation. +</p> +<p> + The general interest in the operations of the Treasury Department has + been much augmented during the last year by reason of the conflicting + predictions, which accompanied and followed the tariff and other + legislation of the last Congress affecting the revenues, as to the + results of this legislation upon the Treasury and upon the country. On + the one hand it was contended that imports would so fall off as to leave + the Treasury bankrupt and that the prices of articles entering into the + living of the people would be so enhanced as to disastrously affect + their comfort and happiness, while on the other it was argued that the + loss to the revenue, largely the result of placing sugar on the free + list, would be a direct gain to the people; that the prices of the + necessaries of life, including those most highly protected, would not be + enhanced; that labor would have a larger market and the products of the + farm advanced prices, while the Treasury surplus and receipts would be + adequate to meet the appropriations, including the large exceptional + expenditures for the refunding to the States of the direct tax and the + redemption of the 4-1/2 per cent bonds. +</p> +<p> + It is not my purpose to enter at any length into a discussion of + the effects of the legislation to which I have referred; but a brief + examination of the statistics of the Treasury and a general glance at + the state of business throughout the country will, I think, satisfy + any impartial inquirer that its results have disappointed the evil + prophecies of its opponents and in a large measure realized the hopeful + predictions of its friends. Rarely, if ever before, in the history of + the country has there been a time when the proceeds of one day's labor + or the product of one farmed acre would purchase so large an amount of + those things that enter into the living of the masses of the people. + I believe that a full test will develop the fact that the tariff act of + the Fifty-first Congress is very favorable in its average effect upon + the prices of articles entering into common use. +</p> +<p> + During the twelve months from October 1, 1890, to September 30, 1891, + the total value of our foreign commerce (imports and exports combined) + was $1,747,806,406, which was the largest of any year in the history of + the United States. The largest in any previous year was in 1890, when + our commerce amounted to $1,647,139,093, and the last year exceeds this + enormous aggregate by over one hundred millions. It is interesting, + and to some will be surprising, to know that during the year ending + September 30, 1891, our imports of merchandise amounted to $824,715,270. + which was an increase of more than $11,000,000 over the value of the + imports of the corresponding months of the preceding year, when the + imports of merchandise were unusually large in anticipation of the + tariff legislation then pending. The average annual value of the imports + of merchandise for the ten years from 1881 to 1890 was $692,186,522, and + during the year ending September 30, 1891, this annual average was + exceeded by $132,528,469. +</p> +<p> + The value of free imports during the twelve months ending September 30, + 1891, was $118,092,387 more than the value of free imports during the + corresponding twelve months of the preceding year, and there was during + the same period a decrease of $106,846,508 in the value of imports of + dutiable merchandise. The percentage of merchandise admitted free of + duty during the year to which I have referred, the first under the new + tariff, was 48.18, while during the preceding twelve months, under the + old tariff, the percentage was 34.27, an increase of 13.91 per cent. + If we take the six months ending September 30 last, which covers the + time during which sugars have been admitted free of duty, the per cent + of value of merchandise imported free of duty is found to be 55.37, + which is a larger percentage of free imports than during any prior + fiscal year in the history of the Government. +</p> +<p> + If we turn to exports of merchandise, the statistics are full of + gratification. The value of such exports of merchandise for the twelve + months ending September 30, 1891, was $923,091,136, while for the + corresponding previous twelve months it was $860,177,115, an increase + of $62,914,021, which is nearly three times the average annual increase + of exports of merchandise for the preceding twenty years. This exceeds + in amount and value the exports of merchandise during any year in the + history of the Government. The increase in the value of exports of + agricultural products during the year referred to over the corresponding + twelve months of the prior year was $45,846,197, while the increase in + the value of exports of manufactured products was $16,838,240. +</p> +<p> + There is certainly nothing in the condition of trade, foreign or + domestic, there is certainly nothing in the condition of our people of + any class, to suggest that the existing tariff and revenue legislation + bears oppressively upon the people or retards the commercial development + of the nation. It may be argued that our condition would be better if + tariff legislation were upon a free-trade basis; but it can not be + denied that all the conditions of prosperity and of general contentment + are present in a larger degree than ever before in our history, and + that, too, just when it was prophesied they would be in the worst state. + Agitation for radical changes in tariff and financial legislation can + not help but may seriously impede business, to the prosperity of which + some degree of stability in legislation is essential. +</p> +<p> + I think there are conclusive evidences that the new tariff has created + several great industries, which will within a few years give employment + to several hundred thousand American working men and women. In view of + the somewhat overcrowded condition of the labor market of the United + States, every patriotic citizen should rejoice at such a result. +</p> +<p> + The report of the Secretary of the Treasury shows that the total + receipts of the Government from all sources for the fiscal year ending + June 30, 1891, were $458,544,233.03, while the expenditures for the same + period were $421,304,470.46, leaving a surplus of $37,239,762.57. +</p> +<p> + The receipts of the fiscal year ending June 30, 1892, actual and + estimated, are $433,000,000 and the expenditures $409,000,000. For the + fiscal year ending June 30, 1893, the estimated receipts are + $455,336,350 and the expenditures $441,300,093. +</p> +<p> + Under the law of July 14, 1890, the Secretary of the Treasury has + purchased (since August 13) during the fiscal year 48,393,113 ounces of + silver bullion at an average cost of $1.045 per ounce. The highest price + paid during the year was $1.2025 and the lowest $O.9636. In exchange for + this silver bullion there have been issued $50,577,498 of the Treasury + notes authorized by the act. The lowest price of silver reached during + the fiscal year was $O.9636 on April 22, 1891; but on November 1 the + market price was only $O.96, which would give to the silver dollar a + bullion value of 74-1/4 cents. +</p> +<p> + Before the influence of the prospective silver legislation was felt + in the market silver was worth in New York about $O.955 per ounce. + The ablest advocates of free coinage in the last Congress were most + confident in their predictions that the purchases by the Government + required by the law would at once bring the price of silver to $1.2929 + per ounce, which would make the bullion value of a dollar 100 cents and + hold it there. The prophecies of the antisilver men of disasters to + result from the coinage of $2,000,000 per month were not wider of the + mark. The friends of free silver are not agreed, I think, as to the + causes that brought their hopeful predictions to naught. Some facts are + known. The exports of silver from London to India during the first nine + months of this calendar year fell off over 50 per cent, or $17,202,730, + compared with the same months of the preceding year. The exports of + domestic silver bullion from this country, which had averaged for the + last ten years over $17,000,000, fell in the last fiscal year to + $13,797,391, while for the first time in recent years the imports of + silver into this country exceeded the exports by the sum of $2,745,365. + In the previous year the net exports of silver from the United States + amounted to $8,545,455. The production of the United States increased + from 50,000,000 ounces in 1889 to 54,500,000 in 1890. The Government is + now buying and putting aside annually 54,000,000 ounces, which, allowing + for 7,140,000 ounces of new bullion used in the arts, is 6,640,000 more + than our domestic products available for coinage. +</p> +<p> + I hope the depression in the price of silver is temporary and that a + further trial of this legislation will more favorably affect it. That + the increased volume of currency thus supplied for the use of the people + was needed and that beneficial results upon trade and prices have + followed this legislation I think must be very clear to everyone. Nor + should it be forgotten that for every dollar of these notes issued a + full dollar's worth of silver bullion is at the time deposited in the + Treasury as a security for its redemption. Upon this subject, as upon + the tariff, my recommendation is that the existing laws be given a full + trial and that our business interests be spared the distressing + influence which threats of radical changes always impart. Under existing + legislation it is in the power of the Treasury Department to maintain + that essential condition of national finance as well as of commercial + prosperity—the parity in use of the coined dollars and their paper + representatives. The assurance that these powers would be freely and + unhesitatingly used has done much to produce and sustain the present + favorable business conditions. +</p> +<p> + I am still of the opinion that the free coinage of silver under existing + conditions would disastrously affect our business interests at home and + abroad. We could not hope to maintain an equality in the purchasing + power of the gold and silver dollar in our own markets, and in foreign + trade the stamp gives no added value to the bullion contained in coins. + The producers of the country, its farmers and laborers, have the highest + interest that every dollar, paper or coin, issued by the Government + shall be as good as any other. If there is one less valuable than + another, its sure and constant errand will be to pay them for their + toil and for their crops. The money lender will protect himself by + stipulating for payment in gold, but the laborer has never been able to + do that. To place business upon a silver basis would mean a sudden and + severe contraction of the currency by the withdrawal of gold and gold + notes and such an unsettling of all values as would produce a commercial + panic. I can not believe that a people so strong and prosperous as ours + will promote such a policy. +</p> +<p> + The producers of silver are entitled to just consideration, but they + should not forget that the Government is now buying and putting out of + the market what is the equivalent of the entire product of our silver + mines. This is more than they themselves thought of asking two years + ago. I believe it is the earnest desire of a great majority of the + people, as it is mine, that a full coin use shall be made of silver + just as soon as the cooperation of other nations can be secured and a + ratio fixed that will give circulation equally to gold and silver. The + business of the world requires the use of both metals; but I do not see + any prospect of gain, but much of loss, by giving up the present system, + in which a full use is made of gold and a large use of silver, for one + in which silver alone will circulate. Such an event would be at once + fatal to the further progress of the silver movement. Bimetallism is + the desired end, and the true friends of silver will be careful not to + overrun the goal and bring in silver monometallism with its necessary + attendants—the loss of our gold to Europe and the relief of the + pressure there for a larger currency. I have endeavored by the use of + official and unofficial agencies to keep a close observation of the + state of public sentiment in Europe upon this question and have not + found it to be such as to justify me in proposing an international + conference. There is, however, I am sure, a growing sentiment in Europe + in favor of a larger use of silver, and I know of no more effectual way + of promoting this sentiment than by accumulating gold here. A scarcity + of gold in the European reserves will be the most persuasive argument + for the use of silver. +</p> +<p> + The exports of gold to Europe, which began in February last and + continued until the close of July, aggregated over $70,000,000. The net + loss of gold during the fiscal year was nearly $68,000,000. That no + serious monetary disturbance resulted was most gratifying and gave to + Europe fresh evidence of the strength and stability of our financial + institutions. With the movement of crops the outflow of gold was + speedily stopped and a return set in. Up to December 1 we had recovered + of our gold lost at the port of New York $27,854,000, and it is + confidently believed that during the winter and spring this aggregate + will be steadily and largely increased. +</p> +<p> + The presence of a large cash surplus in the Treasury has for many years + been the subject of much unfavorable criticism, and has furnished an + argument to those who have desired to place the tariff upon a purely + revenue basis. It was agreed by all that the withdrawal from circulation + of so large an amount of money was an embarrassment to the business of + the country and made necessary the intervention of the Department at + frequent intervals to relieve threatened monetary panics. The surplus on + March 1, 1889, was $183,827,190.29. The policy of applying this surplus + to the redemption of the interest-bearing securities of the United + States was thought to be preferable to that of depositing it without + interest in selected national banks. There have been redeemed since + the date last mentioned of interest-bearing securities $259,079,350, + resulting in a reduction of the annual interest charge of $11,684,675. + The money which had been deposited in banks without interest has been + gradually withdrawn and used in the redemption of bonds. +</p> +<p> + The result of this policy, of the silver legislation, and of the + refunding of the 4-1/2 per cent bonds has been a large increase of + the money in circulation. At the date last named the circulation was + $1,404,205,896, or $23.03 per capita, while on the 1st day of December, + 1891, it had increased to $1,577,262,070, or $24.38 per capita. The + offer of the Secretary of the Treasury to the holders of the 4-1/2 per + cent bonds to extend the time of redemption, at the option of the + Government, at an interest of 2 per cent, was accepted by the holders of + about one-half the amount, and the unextended bonds are being redeemed + on presentation. +</p> +<p> + The report of the Secretary of War exhibits the results of an + intelligent, progressive, and businesslike administration of a + Department which has been too much regarded as one of mere routine. The + separation of Secretary Proctor from the Department by reason of his + appointment as a Senator from the State of Vermont is a source of great + regret to me and to his colleagues in the Cabinet, as I am sure it will + be to all those who have had business with the Department while under + his charge. +</p> +<p> + In the administration of army affairs some especially good work has + been accomplished. The efforts of the Secretary to reduce the percentage + of desertions by removing the causes that promoted it have been so + successful as to enable him to report for the last year a lower + percentage of desertion than has been before reached in the history + of the Army. The resulting money saving is considerable, but the + improvement in the morale of the enlisted men is the most valuable + incident of the reforms which have brought about this result. +</p> +<p> + The work of securing sites for shore batteries for harbor defense and + the manufacture of mortars and guns of high power to equip them have + made good progress during the year. The preliminary work of tests and + plans which so long delayed a start is now out of the way. Some guns + have been completed, and with an enlarged shop and a more complete + equipment at Watervliet the Army will soon be abreast of the Navy in gun + construction. Whatever unavoidable causes of delay may arise, there + should be none from delayed or insufficient appropriations. We shall be + greatly embarrassed in the proper distribution and use of naval vessels + until adequate shore defenses are provided for our harbors. +</p> +<p> + I concur in the recommendation of the Secretary that the three-battalion + organization be adopted for the infantry. The adoption of a smokeless + powder and of a modern rifle equal in range, precision, and rapidity of + fire to the best now in use will, I hope, not be longer delayed. +</p> +<p> + The project of enlisting Indians and organizing them into separate + companies upon the same basis as other soldiers was made the subject + of very careful study by the Secretary and received my approval. Seven + companies have been completely organized and seven more are in process + of organization. The results of six months' training have more than + realized the highest anticipations. The men are readily brought under + discipline, acquire the drill with facility, and show great pride in the + right discharge of their duty and perfect loyalty to their officers, + who declare that they would take them into action with confidence. The + discipline, order, and cleanliness of the military posts will have a + wholesome and elevating influence upon the men enlisted, and through + them upon their tribes, while a friendly feeling for the whites and + a greater respect for the Government will certainly be promoted. +</p> +<p> + The great work done in the Record and Pension Division of the War + Department by Major Ainsworth, of the Medical Corps, and the clerks + under him is entitled to honorable mention. Taking up the work with + nearly 41,000 cases behind, he closed the last fiscal year without a + single case left over, though the new cases had increased 52 per cent + in number over the previous year by reason of the pension legislation + of the last Congress. +</p> +<p> + I concur in the recommendation of the Attorney-General that the right in + felony cases to a review by the Supreme Court be limited. It would seem + that personal liberty would have a safe guaranty if the right of review + in cases involving only fine and imprisonment were limited to the + circuit court of appeals, unless a constitutional question should in + some way be involved. +</p> +<p> + The judges of the Court of Private Land Claims, provided for by the act + of March 3, 1891, have been appointed and the court organized. It is now + possible to give early relief to communities long repressed in their + development by unsettled land titles and to establish the possession and + right of settlers whose lands have been rendered valueless by adverse + and unfounded claims. +</p> +<p> + The act of July 9, 1888, provided for the incorporation and management + of a reform school for girls in the District of Columbia; but it has + remained inoperative for the reason that no appropriation has been made + for construction or maintenance. The need of such an institution is very + urgent. Many girls could be saved from depraved lives by the wholesome + influences and restraints of such a school. I recommend that the + necessary appropriation be made for a site and for construction. +</p> +<p> + The enforcement by the Treasury Department of the law prohibiting the + coming of Chinese to the United States has been effective as to such as + seek to land from vessels entering our ports. The result has been to + divert the travel to vessels entering the ports of British Columbia, + whence passage into the United States at obscure points along the + Dominion boundary is easy. A very considerable number of Chinese + laborers have during the past year entered the United States from + Canada and Mexico. +</p> +<p> + The officers of the Treasury Department and of the Department of Justice + have used every means at their command to intercept this immigration; + but the impossibility of perfectly guarding our extended frontier is + apparent. The Dominion government collects a head tax of $50 from every + Chinaman entering Canada, and thus derives a considerable revenue from + those who only use its ports to reach a position of advantage to evade + our exclusion laws. There seems to be satisfactory evidence that the + business of passing Chinamen through Canada to the United States is + organized and quite active. The Department of Justice has construed the + laws to require the return of any Chinaman found to be unlawfully in + this country to China as the country from which he came, notwithstanding + the fact that he came by way of Canada; but several of the district + courts have in cases brought before them overruled this view of the + law and decided that such persons must be returned to Canada. This + construction robs the law of all effectiveness, even if the decrees + could be executed, for the men returned can the next day recross our + border. But the only appropriation made is for sending them back to + China, and the Canadian officials refuse to allow them to reenter + Canada without the payment of the fifty-dollar head tax. I recommend + such legislation as will remedy these defects in the law. +</p> +<p> + In previous messages I have called the attention of Congress to the + necessity of so extending the jurisdiction of the United States courts + as to make triable therein any felony committed while in the act of + violating a law of the United States. These courts can not have that + independence and effectiveness which the Constitution contemplates so + long as the felonious killing of court officers, jurors, and witnesses + in the discharge of their duties or by reason of their acts as + such is only cognizable in the State courts. The work done by the + Attorney-General and the officers of his Department, even under the + present inadequate legislation, has produced some notable results in + the interest of law and order. +</p> +<p> + The Attorney-General and also the Commissioners of the District of + Columbia call attention to the defectiveness and inadequacy of the + laws relating to crimes against chastity in the District of Columbia. + A stringent code upon this subject has been provided by Congress for + Utah, and it is a matter of surprise that the needs of this District + should have been so long overlooked. +</p> +<p> + In the report of the Postmaster-General some very gratifying results are + exhibited and many betterments of the service suggested. A perusal of + the report gives abundant evidence that the supervision and direction + of the postal system have been characterized by an intelligent and + conscientious desire to improve the service. The revenues of the + Department show an increase of over $5,000,000, with a deficiency for + the year 1892 of less than $4,000,000, while the estimate for the year + 1893 shows a surplus of receipts over expenditures. +</p> +<p> + Ocean mail post offices have been established upon the steamers of the + North German Lloyd and Hamburg lines, saving by the distribution on + shipboard from two to fourteen hours' time in the delivery of mail at + the port of entry and often much more than this in the delivery at + interior places. So thoroughly has this system, initiated by Germany and + the United States, evidenced its usefulness that it can not be long + before it is installed upon all the great ocean mail-carrying + steamships. +</p> +<p> + Eight thousand miles of new postal service has been established upon + railroads, the car distribution to substations in the great cities has + been increased about 12 per cent, while the percentage of errors in + distribution has during the past year been reduced over one-half. An + appropriation was given by the last Congress for the purpose of making + some experiments in free delivery in the smaller cities and towns. + The results of these experiments have been so satisfactory that the + Postmaster-General recommends, and I concur in the recommendation, + that the free-delivery system be at once extended to towns of 5,000 + population. His discussion of the inadequate facilities extended under + our present system to rural communities and his suggestions with a view + to give these communities a fuller participation in the benefits of the + postal service are worthy of your careful consideration. It is not just + that the farmer, who receives his mail at a neighboring town, should + not only be compelled to send to the post-office for it, but to pay a + considerable rent for a box in which to place it or to wait his turn at + a general-delivery window, while the city resident has his mail brought + to his door. It is stated that over 54,000 neighborhoods are under the + present system receiving mail at post-offices where money orders and + postal notes are not issued. The extension of this system to these + communities is especially desirable, as the patrons of such offices + are not possessed of the other facilities offered in more populous + communities for the transmission of small sums of money. +</p> +<p> + I have in a message to the preceding Congress expressed my views + as to a modified use of the telegraph in connection with the postal + service.<a href="#note-23"><small>23</small></a> In pursuance of the ocean mail law of March 3, 1891, and + after a most careful study of the whole subject and frequent conferences + with shipowners, boards of trade, and others, advertisements were issued + by the Postmaster-General for 53 lines of ocean mail service—10 to + Great Britain and the Continent, 27 to South America, 3 to China and + Japan, 4 to Australia and the Pacific islands, 7 to the West Indies, + and 2 to Mexico. It was not, of course, expected that bids for all + these lines would be received or that service upon them all would be + contracted for. It was intended, in furtherance of the act, to secure as + many new lines as possible, while including in the list most or all of + the foreign lines now occupied by American ships. It was hoped that a + line to England and perhaps one to the Continent would be secured; but + the outlay required to equip such lines wholly with new ships of the + first class and the difficulty of establishing new lines in competition + with those already established deterred bidders whose interest had been + enlisted. It is hoped that a way may yet be found of overcoming these + difficulties. +</p> +<p> + The Brazil Steamship Company, by reason of a miscalculation as to + the speed of its vessels, was not able to bid under the terms of the + advertisement. The policy of the Department was to secure from the + established lines an improved service as a condition of giving to them + the benefits of the law. This in all instances has been attained. The + Postmaster-General estimates that an expenditure in American shipyards + of about $10,000,000 will be necessary to enable the bidders to + construct the ships called for by the service which they have accepted. + I do not think there is any reason for discouragement or for any turning + back from the policy of this legislation. Indeed, a good beginning has + been made, and as the subject is further considered and understood by + capitalists and shipping people new lines will be ready to meet future + proposals, and we may date from the passage of this law the revival of + American shipping interests and the recovery of a fair share of the + carrying trade of the world. We were receiving for foreign postage + nearly $2,000,000 under the old system, and the outlay for ocean mail + service did not exceed $600,000 per annum. It is estimated by the + Postmaster-General that if all the contracts proposed are completed it + will require $247,354 for this year in addition to the appropriation for + sea and inland postage already in the estimates, and that for the next + fiscal year, ending June 30, 1893, there would probably be needed about + $560,000. +</p> +<p> + The report of the Secretary of the Navy shows a gratifying increase of + new naval vessels in commission. The <i>Newark, Concord, Bennington</i>, and + <i>Miantonomoh</i> have been added during the year, with an aggregate of + something more than 11,000 tons. Twenty-four warships of all classes are + now under construction in the navy-yards and private shops; but while + the work upon them is going forward satisfactorily, the completion of + the more important vessels will yet require about a year's time. Some + of the vessels now under construction, it is believed, will be triumphs + of naval engineering. When it is recollected that the work of building + a modern navy was only initiated in the year 1883, that our naval + constructors and shipbuilders were practically without experience in the + construction of large iron or steel ships, that our engine shops were + unfamiliar with great marine engines, and that the manufacture of steel + forgings for guns and plates was almost wholly a foreign industry, + the progress that has been made is not only highly satisfactory, but + furnishes the assurance that the United States will before long attain + in the construction of such vessels, with their engines and armaments, + the same preeminence which it attained when the best instrument of ocean + commerce was the clipper ship and the most impressive exhibit of naval + power the old wooden three-decker man-of-war. The officers of the Navy + and the proprietors and engineers of our great private shops have + responded with wonderful intelligence and professional zeal to the + confidence expressed by Congress in its liberal legislation. We have now + at Washington a gun shop, organized and conducted by naval officers, + that in its system, economy, and product is unexcelled. Experiments with + armor plate have been conducted during the year with most important + results. It is now believed that a plate of higher resisting power than + any in use has been found and that the tests have demonstrated that + cheaper methods of manufacture than those heretofore thought necessary + can be used. +</p> +<p> + I commend to your favorable consideration the recommendations of the + Secretary, who has, I am sure, given to them the most conscientious + study. There should be no hesitation in promptly completing a navy of + the best modern type large enough to enable this country to display its + flag in all seas for the protection of its citizens and of its extending + commerce. The world needs no assurance of the peaceful purposes of the + United States, but we shall probably be in the future more largely a + competitor in the commerce of the world, and it is essential to the + dignity of this nation and to that peaceful influence which it should + exercise on this hemisphere that its Navy should be adequate both upon + the shores of the Atlantic and of the Pacific. +</p> +<p> + The report of the Secretary of the Interior shows that a very gratifying + progress has been made in all of the bureaus which make up that complex + and difficult Department. +</p> +<p> + The work in the Bureau of Indian Affairs was perhaps never so large as + now, by reason of the numerous negotiations which have been proceeding + with the tribes for a reduction of the reservations, with the incident + labor of making allotments, and was never more carefully conducted. + The provision of adequate school facilities for Indian children and the + locating of adult Indians upon farms involve the solution of the "Indian + question." Everything else—rations, annuities, and tribal negotiations, + with the agents, inspectors, and commissioners who distribute and + conduct them—must pass away when the Indian has become a citizen, + secure in the individual ownership of a farm from which he derives his + subsistence by his own labor, protected by and subordinate to the laws + which govern the white man, and provided by the General Government or + by the local communities in which he lives with the means of educating + his children. When an Indian becomes a citizen in an organized State + or Territory, his relation to the General Government ceases in great + measure to be that of a ward; but the General Government ought not at + once to put upon the State or Territory the burden of the education of + his children. +</p> +<p> + It has been my thought that the Government schools and school buildings + upon the reservations would be absorbed by the school systems of the + States and Territories; but as it has been found necessary to protect + the Indian against the compulsory alienation of his land by exempting + him from taxation for a period of twenty-five years, it would seem to + be right that the General Government, certainly where there are tribal + funds in its possession, should pay to the school fund of the State what + would be equivalent to the local school tax upon the property of the + Indian. It will be noticed from the report of the Commissioner of Indian + Affairs that already some contracts have been made with district schools + for the education of Indian children. There is great advantage, I think, + in bringing the Indian children into mixed schools. This process will + be gradual, and in the meantime the present educational provisions and + arrangements, the result of the best experience of those who have been + charged with this work, should be continued. This will enable those + religious bodies that have undertaken the work of Indian education with + so much zeal and with results so restraining and beneficent to place + their institutions in new and useful relations to the Indian and to his + white neighbors. +</p> +<p> + The outbreak among the Sioux which occurred in December last is as to + its causes and incidents fully reported upon by the War Department + and the Department of the Interior. That these Indians had some + just complaints, especially in the matter of the reduction of the + appropriation for rations and in the delays attending the enactment of + laws to enable the Department to perform the engagements entered into + with them, is probably true; but the Sioux tribes are naturally warlike + and turbulent, and their warriors were excited by their medicine men + and chiefs, who preached the coming of an Indian messiah who was to + give them power to destroy their enemies. In view of the alarm that + prevailed among the white settlers near the reservation and of the fatal + consequences that would have resulted from an Indian incursion, I placed + at the disposal of General Miles, commanding the Division of the + Missouri, all such forces as were thought by him to be required. He + is entitled to the credit of having given thorough protection to the + settlers and of bringing the hostiles into subjection with the least + possible loss of life. +</p> +<p> + The appropriation of $2,991,450 for the Choctaws and Chickasaws + contained in the general Indian appropriation bill of March 3, 1891, has + not been expended, for the reason that I have not yet approved a release + (to the Government) of the Indian claim to the lands mentioned. This + matter will be made the subject of a special message, placing before + Congress all the facts which have come to my knowledge. +</p> +<p> + The relation of the Five Civilized Tribes now occupying the Indian + Territory to the United States is not, I believe, that best calculated + to promote the highest advancement of these Indians. That there should + be within our borders five independent states having no relations, + except those growing out of treaties, with the Government of the United + States, no representation in the National Legislature, its people not + citizens, is a startling anomaly. +</p> +<p> + It seems to me to be inevitable that there shall be before long some + organic changes in the relation of these people to the United States. + What form these changes should take I do not think it desirable now to + suggest, even if they were well defined in my own mind. They should + certainly involve the acceptance of citizenship by the Indians and a + representation in Congress. These Indians should have opportunity to + present their claims and grievances upon the floor rather than, as now, + in the lobby. If a commission could be appointed to visit these tribes + to confer with them in a friendly spirit upon this whole subject, even + if no agreement were presently reached the feeling of the tribes upon + this question would be developed, and discussion would prepare the way + for changes which must come sooner or later. +</p> +<p> + The good work of reducing the larger Indian reservations by allotments + in severalty to the Indians and the cession of the remaining lands to + the United States for disposition under the homestead law has been + prosecuted during the year with energy and success. In September last I + was enabled to open to settlement in the Territory of Oklahoma 900,000 + acres of land, all of which was taken up by settlers in a single day. + The rush for these lands was accompanied by a great deal of excitement, + but was happily free from incidents of violence. +</p> +<p> + It was a source of great regret that I was not able to open at the + same time the surplus lands of the Cheyenne and Arapahoe Reservation, + amounting to about 3,000,000 acres, by reason of the insufficiency of + the appropriation for making the allotments. Deserving and impatient + settlers are waiting to occupy these lands, and I urgently recommend + that a special deficiency appropriation be promptly made of the small + amount needed, so that the allotments may be completed and the surplus + lands opened in time to permit the settlers to get upon their homesteads + in the early spring. +</p> +<p> + During the past summer the Cherokee Commission have completed + arrangements with the Wichita, Kickapoo, and Tonkawa tribes whereby, if + the agreements are ratified by Congress, over 800,000 additional acres + will be opened to settlement in Oklahoma. +</p> +<p> + The negotiations for the release by the Cherokees of their claim to + the Cherokee Strip have made no substantial progress so far as the + Department is officially advised, but it is still hoped that the cession + of this large and valuable tract may be secured. The price which the + commission was authorized to offer—$1.25 per acre—is, in my judgment, + when all the circumstances as to title and the character of the lands + are considered, a fair and adequate one, and should have been accepted + by the Indians. +</p> +<p> + Since March 4, 1889, about 23,000,000 acres have been separated from + Indian reservations and added to the public domain for the use of those + who desired to secure free homes under our beneficent laws. It is + difficult to estimate the increase of wealth which will result from the + conversion of these waste lands into farms, but it is more difficult + to estimate the betterment which will result to the families that have + found renewed hope and courage in the ownership of a home and the + assurance of a comfortable subsistence under free and healthful + conditions. It is also gratifying to be able to feel, as we may, that + this work has proceeded upon lines of justice toward the Indian, and + that he may now, if he will, secure to himself the good influences of + a settled habitation, the fruits of industry, and the security of + citizenship. +</p> +<p> + Early in this Administration a special effort was begun to bring up the + work of the General Land Office. By faithful work the arrearages have + been rapidly reduced. At the end of the last fiscal year only 84,172 + final agricultural entries remained undisposed of, and the Commissioner + reports that with the present force the work can be fully brought up by + the end of the next fiscal year. +</p> +<p> + Your attention is called to the difficulty presented by the Secretary + of the Interior as to the administration of the law of March 3, 1891, + establishing a Court of Private Land Claims. The small holdings intended + to be protected by the law are estimated to be more than 15,000 in + number. The claimants are a most deserving class and their titles are + supported by the strongest equities. The difficulty grows out of the + fact that the lands have largely been surveyed according to our methods, + while the holdings, many of which have been in the same family for + generations, are laid out in narrow strips a few rods wide upon a stream + and running back to the hills for pasturage and timber. Provision should + be made for numbering these tracts as lots and for patenting them by + such numbers and without reference to section lines. +</p> +<p> + The administration of the Pension Bureau has been characterized during + the year by great diligence. The total number of pensioners upon the + roll on the 30th day of June, 1891, was 676,160. There were allowed + during the fiscal year ending at that time 250,565 cases. Of this number + 102,387 were allowed under the law of June 27, 1890. The issuing of + certificates has been proceeding at the rate of about 30,000 per month, + about 75 per cent of these being cases under the new law. The + Commissioner expresses the opinion that he will be able to carefully + adjudicate and allow 350,000 claims during the present fiscal year. The + appropriation for the payment of pensions for the fiscal year 1890-91 + was $127,685,793.89 and the amount expended $118,530,649.25, leaving an + unexpended surplus of $9,155,144.64. +</p> +<p> + The Commissioner is quite confident that there will be no call this year + for a deficiency appropriation, notwithstanding the rapidity with which + the work is being pushed. The mistake which has been made by many in + their exaggerated estimates of the cost of pensions is in not taking + account of the diminished value of first payments under the recent + legislation. These payments under the general law have been for many + years very large, as the pensions when allowed dated from the time of + filing the claim, and most of these claims had been pending for years. + The first payments under the law of June, 1890, are relatively small, + and as the per cent of these cases increases and that of the old cases + diminishes the annual aggregate of first payments is largely reduced. + The Commissioner, under date of November 13, furnishes me with the + statement that during the last four months 113,175 certificates were + issued, 27,893 under the general law and 85,282 under the act of June + 27, 1890. The average first payment during these four months was + $131.85, while the average first payment upon cases allowed during the + year ending June 30, 1891, was $239.33, being a reduction in the average + first payments during these four months of $107.48. +</p> +<p> + The estimate for pension expenditures for the fiscal year ending June + 30, 1893, is $144,956,000, which, after a careful examination of the + subject, the Commissioner is of the opinion will be sufficient. While + these disbursements to the disabled soldiers of the great Civil War are + large, they do not realize the exaggerated estimates of those who oppose + this beneficent legislation. The Secretary of the Interior shows with + great fullness the care that is taken to exclude fraudulent claims, and + also the gratifying fact that the persons to whom these pensions are + going are men who rendered not slight but substantial war service. +</p> +<p> + The report of the Commissioner of Railroads shows that the total debt of + the subsidized railroads to the United States was on December 31, 1890, + $112,512,613.06. A large part of this debt is now fast approaching + maturity, with no adequate provision for its payment. Some policy for + dealing with this debt with a view to its ultimate collection should be + at once adopted. It is very difficult, well-nigh impossible, for so + large a body as the Congress to conduct the necessary negotiations and + investigations. I therefore recommend that provision be made for the + appointment of a commission to agree upon and report a plan for dealing + with this debt. +</p> +<p> + The work of the Census Bureau is now far in advance and the great bulk + of the enormous labor involved completed. It will be more strictly a + statistical exhibit and less encumbered by essays than its immediate + predecessors. The methods pursued have been fair, careful, and + intelligent, and have secured the approval of the statisticians who + have followed them with a scientific and nonpartisan interest. The + appropriations necessary to the early completion and publication of the + authorized volumes should be given in time to secure against delays, + which increase the cost and at the same time diminish the value of + the work. +</p> +<p> + The report of the Secretary exhibits with interesting fullness the + condition of the Territories. They have shared with the States the great + increase in farm products, and are bringing yearly large areas into + cultivation by extending their irrigating canals. This work is being + done by individuals or local corporations and without that system which + a full preliminary survey of the water supply and of the irrigable lands + would enable them to adopt. The future of the Territories of New Mexico, + Arizona, and Utah in their material growth and in the increase, + independence, and happiness of their people is very largely dependent + upon wise and timely legislation, either by Congress or their own + legislatures, regulating the distribution of the water supply furnished + by their streams. If this matter is much longer neglected, private + corporations will have unrestricted control of one of the elements of + life and the patentees of the arid lands will be tenants at will of the + water companies. +</p> +<p> + The United States should part with its ownership of the water sources + and the sites for reservoirs, whether to the States and Territories or + to individuals or corporations, only upon conditions that will insure to + the settlers their proper water supply upon equal and reasonable terms. + In the Territories this whole subject is under the full control of + Congress, and in the States it is practically so as long as the + Government holds the title to the reservoir sites and water sources + and can grant them upon such conditions as it chooses to impose. The + improvident granting of franchises of enormous value without recompense + to the State or municipality from which they proceed and without proper + protection of the public interests is the most noticeable and flagrant + evil of modern legislation. This fault should not be committed in + dealing with a subject that will before many years affect so vitally + thousands of our people. +</p> +<p> + The legislation of Congress for the repression of polygamy has, after + years of resistance on the part of the Mormons, at last brought them to + the conclusion that resistance is unprofitable and unavailing. The power + of Congress over this subject should not be surrendered until we have + satisfactory evidence that the people of the State to be created would + exercise the exclusive power of the State over this subject in the same + way. The question is not whether these people now obey the laws of + Congress against polygamy, but rather would they make, enforce, and + maintain such laws themselves if absolutely free to regulate the + subject? We can not afford to experiment with this subject, for + when a State is once constituted the act is final and any mistake + irretrievable. No compact in the enabling act could, in my opinion, + be binding or effective. +</p> +<p> + I recommend that provision be made for the organization of a simple form + of town government in Alaska, with power to regulate such matters as + are usually in the States under municipal control. These local civil + organizations will give better protection in some matters than the + present skeleton Territorial organization. Proper restrictions as to + the power to levy taxes and to create debt should be imposed. +</p> +<p> + If the establishment of the Department of Agriculture was regarded by + anyone as a mere concession to the unenlightened demand of a worthy + class of people, that impression has been most effectually removed by + the great results already attained. Its home influence has been very + great in disseminating agricultural and horticultural information, + in stimulating and directing a further diversification of crops, in + detecting and eradicating diseases of domestic animals, and, more than + all, in the close and informal contact which it has established and + maintains with the farmers and stock raisers of the whole country. Every + request for information has had prompt attention and every suggestion + merited consideration. The scientific corps of the Department is of a + high order and is pushing its investigations with method and enthusiasm. +</p> +<p> + The inspection by this Department of cattle and pork products intended + for shipment abroad has been the basis of the success which has attended + our efforts to secure the removal of the restrictions maintained by the + European Governments. +</p> +<p> + For ten years protests and petitions upon this subject from the packers + and stock raisers of the United States have been directed against these + restrictions, which so seriously limited our markets and curtailed the + profits of the farm. It is a source of general congratulation that + success has at last been attained, for the effects of an enlarged + foreign market for these meats will be felt not only by the farmer, but + in our public finances and in every branch of trade. It is particularly + fortunate that the increased demand for food products resulting from the + removal of the restrictions upon our meats and from the reciprocal trade + arrangements to which I have referred should have come at a time when + the agricultural surplus is so large. Without the help thus derived + lower prices would have prevailed. The Secretary of Agriculture + estimates that the restrictions upon the importation of our pork + products into Europe lost us a market for $20,000,000 worth of these + products annually. +</p> +<p> + The grain crop of this year was the largest in our history—50 per cent + greater than that of last year—and yet the new markets that have been + opened and the larger demand resulting from short crops in Europe have + sustained prices to such an extent that the enormous surplus of meats + and breadstuffs will be marketed at good prices, bringing relief and + prosperity to an industry that was much depressed. The value of the + grain crop of the United States is estimated by the Secretary to be + this year $500,000,000 more than last; of meats $150,000,000 more, and + of all products of the farm $700,000,000 more. It is not inappropriate, + I think, here to suggest that our satisfaction in the contemplation of + this marvelous addition to the national wealth is unclouded by any + suspicion of the currency by which it is measured and in which the + farmer is paid for the products of his fields. +</p> +<p> + The report of the Civil Service Commission should receive the careful + attention of the opponents as well as the friends of this reform. The + Commission invites a personal inspection by Senators and Representatives + of its records and methods, and every fair critic will feel that such + an examination should precede a judgment of condemnation either of the + system or its administration. It is not claimed that either is perfect, + but I believe that the law is being executed with impartiality and that + the system is incomparably better and fairer than that of appointments + upon favor. I have during the year extended the classified service to + include superintendents, teachers, matrons, and physicians in the Indian + service. This branch of the service is largely related to educational + and philanthropic work and will obviously be the better for the change. +</p> +<p> + The heads of the several Executive Departments have been directed to + establish at once an efficiency record as the basis of a comparative + rating of the clerks within the classified service, with a view to + placing promotions therein upon the basis of merit. I am confident + that such a record, fairly kept and open to the inspection of those + interested, will powerfully stimulate the work of the Departments and + will be accepted by all as placing the troublesome matter of promotions + upon a just basis. +</p> +<p> + I recommend that the appropriation for the Civil Service Commission be + made adequate to the increased work of the next fiscal year. +</p> +<p> + I have twice before urgently called the attention of Congress to the + necessity of legislation for the protection of the lives of railroad + employees, but nothing has yet been done. During the year ending June + 30, 1890, 369 brakemen were killed and 7,841 maimed while engaged in + coupling cars. The total number of railroad employees killed during + the year was 2,451 and the number injured 22,390. This is a cruel and + largely needless sacrifice. The Government is spending nearly $1,000,000 + annually to save the lives of shipwrecked seamen; every steam vessel + is rigidly inspected and required to adopt the most approved safety + appliances. All this is good. But how shall we excuse the lack of + interest and effort in behalf of this army of brave young men who in our + land commerce are being sacrificed every year by the continued use of + antiquated and dangerous appliances? A law requiring of every railroad + engaged in interstate commerce the equipment each year of a given per + cent of its freight cars with automatic couplers and air brakes would + compel an agreement between the roads as to the kind of brakes and + couplers to be used, and would very soon and very greatly reduce the + present fearful death rate among railroad employees. +</p> +<p> + The method of appointment by the States of electors of President and + Vice-President has recently attracted renewed interest by reason of a + departure by the State of Michigan from the method which had become + uniform in all the States. Prior to 1832 various methods had been + used by the different States, and even by the same State. In some the + choice was made by the legislature; in others electors were chosen by + districts, but more generally by the voters of the whole State upon a + general ticket. The movement toward the adoption of the last-named + method had an early beginning and went steadily forward among the States + until in 1832 there remained but a single State (South Carolina) that + had not adopted it. That State until the Civil War continued to choose + its electors by a vote of the legislature, but after the war changed its + method and conformed to the practice of the other States. For nearly + sixty years all the States save one have appointed their electors by + a popular vote upon a general ticket, and for nearly thirty years this + method was universal. +</p> +<p> + After a full test of other methods, without important division or + dissent in any State and without any purpose of party advantage, as + we must believe, but solely upon the considerations that uniformity + was desirable and that a general election in territorial divisions not + subject to change was most consistent with the popular character of our + institutions, best preserved the equality of the voters, and perfectly + removed the choice of President from the baneful influence of the + "gerrymander," the practice of all the States was brought into harmony. + That this concurrence should now be broken is, I think, an unfortunate + and even a threatening episode, and one that may well suggest whether + the States that still give their approval to the old and prevailing + method ought not to secure by a constitutional amendment a practice + which has had the approval of all. The recent Michigan legislation + provides for choosing what are popularly known as the Congressional + electors for President by Congressional districts and the two Senatorial + electors by districts created for that purpose. This legislation was, of + course, accompanied by a new Congressional apportionment, and the two + statutes bring the electoral vote of the State under the influence of + the "gerrymander." +</p> +<p> + These gerrymanders for Congressional purposes are in most cases + buttressed by a gerrymander of the legislative districts, thus making it + impossible for a majority of the legal voters of the State to correct + the apportionment and equalize the Congressional districts. A minority + rule is established that only a political convulsion can overthrow. I + have recently been advised that in one county of a certain State three + districts for the election of members of the legislature are constituted + as follows: One has 65,000 population, one 15,000, and one 10,000, while + in another county detached, noncontiguous sections have been united to + make a legislative district. These methods have already found effective + application to the choice of Senators and Representatives in Congress, + and now an evil start has been made in the direction of applying them to + the choice by the States of electors of President and Vice-President. If + this is accomplished, we shall then have the three great departments of + the Government in the grasp of the "gerrymander," the legislative and + executive directly and the judiciary indirectly through the power of + appointment. +</p> +<p> + An election implies a body of electors having prescribed qualifications, + each one of whom has an equal value and influence in determining the + result. So when the Constitution provides that "each State shall + appoint" (elect), "in such manner as the legislature thereof may direct, + a number of electors," etc., an unrestricted power was not given to the + legislatures in the selection of the methods to be used. "A republican + form of government" is guaranteed by the Constitution to each State, and + the power given by the same instrument to the legislatures of the States + to prescribe methods for the choice by the State of electors must be + exercised under that limitation. The essential features of such a + government are the right of the people to choose their own officers and + the nearest practicable equality of value in the suffrages given in + determining that choice. +</p> +<p> + It will not be claimed that the power given to the legislature would + support a law providing that the persons receiving the smallest vote + should be the electors or a law that all the electors should be chosen + by the voters of a single Congressional district. The State is to + choose, and under the pretense of regulating methods the legislature + can neither vest the right of choice elsewhere nor adopt methods not + conformable to republican institutions. It is not my purpose here to + discuss the question whether a choice by the legislature or by the + voters of equal single districts is a choice by the State, but only to + recommend such regulation of this matter by constitutional amendment as + will secure uniformity and prevent that disgraceful partisan jugglery + to which such a liberty of choice, if it exists, offers a temptation. +</p> +<p> + Nothing just now is more important than to provide every guaranty for + the absolutely fair and free choice by an equal suffrage within the + respective States of all the officers of the National Government, + whether that suffrage is applied directly, as in the choice of members + of the House of Representatives, or indirectly, as in the choice of + Senators and electors of President. Respect for public officers and + obedience to law will not cease to be the characteristics of our people + until our elections cease to declare the will of majorities fairly + ascertained without fraud, suppression, or gerrymander. If I were + called upon to declare wherein our chief national danger lies, I should + say without hesitation in the overthrow of majority control by the + suppression or perversion of the popular suffrage. That there is a real + danger here all must agree; but the energies of those who see it have + been chiefly expended in trying to fix responsibility upon the opposite + party rather than in efforts to make such practices impossible by either + party. +</p> +<p> + Is it not possible now to adjourn that interminable and inconclusive + debate while we take by consent one step in the direction of reform by + eliminating the gerrymander, which has been denounced by all parties as + an influence in the selection of electors of President and members of + Congress? All the States have, acting freely and separately, determined + that the choice of electors by a general ticket is the wisest and + safest method, and it would seem there could be no objection to a + constitutional amendment making that method permanent. If a legislature + chosen in one year upon purely local questions should, pending a + Presidential contest, meet, rescind the law for a choice upon a general + ticket, and provide for the choice of electors by the legislature, and + this trick should determine the result, it is not too much to say that + the public peace might be seriously and widely endangered. +</p> +<p> + I have alluded to the "gerrymander" as affecting the method of selecting + electors of President by Congressional districts, but the primary intent + and effect of this form of political robbery have relation to the + selection of members of the House of Representatives. The power of + Congress is ample to deal with this threatening and intolerable abuse. + The unfailing test of sincerity in election reform will be found in a + willingness to confer as to remedies and to put into force such measures + as will most effectually preserve the right of the people to free and + equal representation. +</p> +<p> + An attempt was made in the last Congress to bring to bear the + constitutional powers of the General Government for the correction + of fraud against the suffrage. It is important to know whether the + opposition to such measures is really rested in particular features + supposed to be objectionable or includes any proposition to give to + the election laws of the United States adequacy to the correction + of grave and acknowledged evils. I must yet entertain the hope that + it is possible to secure a calm, patriotic consideration of such + constitutional or statutory changes as may be necessary to secure + the choice of the officers of the Government to the people by fair + apportionments and free elections. +</p> +<p> + I believe it would be possible to constitute a commission, nonpartisan + in its membership and composed of patriotic, wise, and impartial men, + to whom a consideration of the question of the evils connected with our + election system and methods might be committed with a good prospect of + securing unanimity in some plan for removing or mitigating those evils. + The Constitution would permit the selection of the commission to be + vested in the Supreme Court if that method would give the best guaranty + of impartiality. This commission should be charged with the duty of + inquiring into the whole subject of the law of elections as related + to the choice of officers of the National Government, with a view to + securing to every elector a free and unmolested exercise of the suffrage + and as near an approach to an equality of value in each ballot cast as + is attainable. +</p> +<p> + While the policies of the General Government upon the tariff, upon the + restoration of our merchant marine, upon river and harbor improvements, + and other such matters of grave and general concern are liable to be + turned this way or that by the results of Congressional elections and + administrative policies, sometimes involving issues that tend to peace + or war, to be turned this way or that by the results of a Presidential + election, there is a rightful interest in all the States and in every + Congressional district that will not be deceived or silenced by the + audacious pretense that the question of the right of any body of legal + voters in any State or in any Congressional district to give their + suffrages freely upon these general questions is a matter only of local + concern or control. The demand that the limitations of suffrage shall + be found in the law, and only there, is a just demand, and no just man + should resent or resist it. My appeal is and must continue to be for + a consultation that shall "proceed with candor, calmness, and patience + upon the lines of justice and humanity, not of prejudice and cruelty." +</p> +<p> + To the consideration of these very grave questions I invite not only the + attention of Congress, but that of all patriotic citizens. We must not + entertain the delusion that our people have ceased to regard a free + ballot and equal representation as the price of their allegiance to + laws and to civil magistrates. +</p> +<p> + I have been greatly rejoiced to notice many evidences of the increased + unification of our people and of a revived national spirit. The vista + that now opens to us is wider and more glorious than ever before. + Gratification and amazement struggle for supremacy as we contemplate + the population, wealth, and moral strength of our country. A trust + momentous in its influence upon our people and upon the world is for + a brief time committed to us, and we must not be faithless to its first + condition—the defense of the free and equal influence of the people in + the choice of public officers and in the control of public affairs. +</p> +<p class="r"> + BENJ. HARRISON. +</p> + +<div style="height: 4em;"><br><br><br><br></div> + +<h2> + SPECIAL MESSAGES. +</h2> +<p class="r"> + EXECUTIVE MANSION, <i>December 16, 1891</i>. +</p> +<p> + <i>To the Senate and House of Representatives</i>: +</p> +<p> + I transmit herewith, for your information, a letter from the Secretary + of State, inclosing the first annual report and copies of the bulletins + of the Bureau of the American Republics. +</p> +<p class="r"> + BENJ. HARRISON. +</p> +<p> </p><p> </p> + + +<p class="r"> + EXECUTIVE MANSION, <i>December 23, 1891</i>. +</p> +<p> + <i>To the Senate and House of Representatives</i>: +</p> +<p> + I transmit herewith the report of the board appointed by me under a + clause in the District of Columbia appropriation act approved August 6, + 1890, "to consider the location, arrangement, and operation of electric + wires in the District of Columbia," etc., to which the attention of + Congress is respectfully invited. +</p> +<p class="r"> + BENJ. HARRISON. +</p> +<p> </p><p> </p> + + +<p class="r"> + EXECUTIVE MANSION, <i>December 23, 1891</i>. +</p> +<p> + <i>To the Senate and House of Representatives</i>: +</p> +<p> + My attention having been called to the necessity of bringing about a + uniform usage and spelling of geographic names in the publications of + the Government, the following Executive order was issued on the 4th day + of September, 1890: +</p> +<p class="q"> + As it is desirable that uniform usage in regard to geographic + nomenclature and orthography obtain throughout the Executive + Departments of the Government, and particularly upon the maps and + charts issued by the various Departments and bureaus, I hereby + constitute a Board on Geographic Names and designate the following + persons, who have heretofore cooperated for a similar purpose under + the authority of the several Departments, bureaus, and institutions + with which they are connected, as members of said board: +</p><p class="q"> + Professor Thomas C. Mendenhall, United States Coast and Geodetic + Survey, chairman. +</p><p class="q"> + Andrew H. Allen, Department of State. +</p><p class="q"> + Captain Henry L. Howison, Light-House Board, Treasury Department. +</p><p class="q"> + Captain Thomas Turtle, Engineer Corps, War Department. +</p><p class="q"> + Lieutenant Richardson Clover, Hydrographic Office, Navy Department. +</p><p class="q"> + Pierson H. Bristow, Post-Office Department. +</p><p class="q"> + Otis T. Mason, Smithsonian Institution. +</p><p class="q"> + Herbert G. Ogden, United States Coast and Geodetic Survey. +</p><p class="q"> + Henry Gannett, United States Geological Survey. +</p><p class="q"> + Marcus Baker, United States Geological Survey. +</p><p class="q"> + To this board shall be referred all unsettled questions concerning + geographic names which arise in the Departments, and the decisions + of the board are to be accepted by these Departments as the standard + authority in such matters. +</p><p class="q"> + Department officers are instructed to afford such assistance as may be + proper to carry on the work of this board. +</p><p class="q"> + The members of this board shall serve without additional compensation + and its organization shall entail no expense on the Government. +</p> +<p> + The report of the board thus constituted has been submitted to me, and + is herewith transmitted for the information of Congress and with a view + to its publication in suitable form if such action is deemed by Congress + to be desirable. +</p> +<p class="r"> + BENJ. HARRISON. +</p> +<p> </p><p> </p> + + +<p class="r"> + EXECUTIVE MANSION, <i>January 5, 1892</i>. +</p> +<p> + <i>To the Senate and House of Representatives</i>: +</p> +<p> + The famine prevailing in some of the Provinces of Russia is so severe + and widespread as to have attracted the sympathetic interest of a + large number of our liberal and favored people. In some of the great + grain-producing States of the West movements have already been organized + to collect flour and meal for the relief of these perishing Russian + families, and the response has been such as to justify the belief that + a ship's cargo can very soon be delivered at the seaboard through the + generous cooperation of the transportation lines. It is most appropriate + that a people whose storehouses have been so lavishly filled with all + the fruits of the earth by the gracious favor of God should manifest + their gratitude by large gifts to His suffering children in other lands. +</p> +<p> + The Secretary of the Navy has no steam vessel at his disposal that + could be used for the transportation of these supplies, and I therefore + recommend that he be authorized to charter a suitable vessel to receive + them if a sufficient amount should be offered, and to send them under + the charge of a naval officer to such Russian port as may be most + convenient for ready distribution to those most in need. +</p> +<p class="r"> + BENJ. HARRISON. +</p> +<p> </p><p> </p> + + +<p class="r"> + EXECUTIVE MANSION, <i>January 6, 1892</i>. +</p> +<p> + <i>To the Senate and House of Representatives</i>: +</p> +<p> + I transmit herewith, for the consideration of Congress, a communication + of the 4th instant from the Secretary of the Interior, accompanied by + an agreement concluded by and between the Cherokee Commission and the + Wichita and affiliated bands of Indians in the Territory of Oklahoma, + for the cession of certain lands and for other purposes. +</p> +<p class="r"> + BENJ. HARRISON. +</p> +<p> </p><p> </p> + + +<p class="r"> + EXECUTIVE MANSION, <i>January 6, 1892</i>. +</p> +<p> + <i>To the Senate and House of Representatives</i>: +</p> +<p> + I transmit herewith, for the consideration of Congress, a communication + of the 4th instant from the Secretary of the Interior, submitting the + agreement entered into between the Indians of the Colville Reservation, + in the State of Washington, and the commissioners appointed under the + provisions of the act of August 19, 1890, to negotiate with them for + the cession of such portion of said reservation as said Indians may be + willing to dispose of, that the same may be opened to white settlement. +</p> +<p class="r"> + BENJ. HARRISON. +</p> +<p> </p><p> </p> + + +<p class="r"> + EXECUTIVE MANSION, <i>January 6, 1892</i>. +</p> +<p> + <i>To the Senate and House of Representatives</i>: +</p> +<p> + I transmit herewith, for the consideration of Congress, a communication + of the 4th instant from the Secretary of the Interior, accompanied by an + agreement concluded by the Cherokee Commission with the Tonkawa Indians + in Oklahoma Territory, for the cession of all their right, title, claim, + and interest of every kind and character in and to the lands occupied by + them in said Territory, and for other purposes. +</p> +<p class="r"> + BENJ. HARRISON. +</p> +<p> </p><p> </p> + + +<p class="r"> + EXECUTIVE MANSION, <i>January 11, 1892</i>. +</p> +<p> + <i>To the Senate and House of Representatives</i>: +</p> +<p> + I transmit herewith, for the consideration of Congress, a communication + of the 8th instant from the Secretary of the Interior, submitting the + agreements concluded by and between the Cherokee Commission and the + Kickapoo tribe of Indians in the Territory of Oklahoma, for the cession + of certain lands and for other purposes. +</p> +<p class="r"> + BENJ. HARRISON. +</p> +<p> </p><p> </p> + + +<p class="r"> + EXECUTIVE MANSION, <i>January 11, 1892</i>. +</p> +<p> + <i>To the Senate and House of Representatives</i>: +</p> +<p> + I transmit herewith, for the consideration of Congress, a communication + of the 4th instant from the Secretary of the Interior, submitting the + agreement entered into between the Indians of the Pyramid Lake + Reservation and the commission appointed under the provisions of the + Indian appropriation act of March 3, 1891, for the cession and + relinquishment of the southern portion of their reservation in the State + of Nevada. +</p> +<p class="r"> + BENJ. HARRISON. +</p> +<p> </p><p> </p> + + +<p class="r"> + EXECUTIVE MANSION, <i>January 11 1892</i>. +</p> +<p> + <i>To the Senate and House of Representatives</i>: +</p> +<p> + I transmit herewith, for the consideration of Congress, a communication + of the 4th instant from the Secretary of the Interior, submitting the + agreement entered into between the Shoshone and Arapahoe Indians of the + Shoshone or Wind River Reservation, in the State of Wyoming, and the + commission appointed under the provisions of the Indian appropriation + act of March 3, 1891, for the cession and relinquishment of a portion + of their said reservation. +</p> +<p class="r"> + BENJ. HARRISON. +</p> +<p> </p><p> </p> + + +<p class="r"> + EXECUTIVE MANSION, <i>Washington, January 18, 1892</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I transmit herewith to the Senate a report of the Secretary of State, + in answer to the resolution of the Senate of the 12th instant, making + inquiries regarding payments of the awards of the claims commission + under the convention of July 4, 1868, between the United States and + Mexico. +</p> +<p class="r"> + BENJ. HARRISON. +</p> +<p> </p><p> </p> + + +<p class="r"> + EXECUTIVE MANSION, <i>January 19, 1892</i>. +</p> +<p> + <i>To the Senate and House of Representatives</i>: +</p> +<p> + I transmit herewith a letter of the Secretary of the Navy, accompanied + by the report of the commission appointed by me by virtue of a provision + in the naval appropriation act approved June 30, 1890, "to select a + suitable site, having due regard to commercial and naval interests, for + a dry dock at some point on the shores of the Gulf of Mexico or the + waters connected therewith." +</p> +<p> + The Secretary of the Navy approves the recommendations of the + commission, and they are respectfully submitted for the consideration + of the Congress. +</p> +<p class="r"> + BENJ. HARRISON. +</p> +<p> </p><p> </p> + + +<p class="r"> + EXECUTIVE MANSION, <i>January 25, 1892</i>. +</p> +<p> + <i>To the Senate and House of Representatives</i>: +</p> +<p> + In my annual message delivered to Congress at the beginning of the + present session, after a brief statement of the facts then in the + possession of this Government touching the assault in the streets of + Valparaiso, Chile, upon the sailors of the United States steamship + <i>Baltimore</i> on the evening of the 16th of October last, I said: +</p> +<p class="q"> + This Government is now awaiting the result of an investigation which + has been conducted by the criminal court at Valparaiso. It is reported + unofficially that the investigation is about completed, and it is + expected that the result will soon be communicated to this Government, + together with some adequate and satisfactory response to the note by + which the attention of Chile was called to this incident. If these + just expectations should be disappointed or further needless delay + intervene, I will by a special message bring this matter again to the + attention of Congress for such action as may be necessary. +</p> +<p> + In my opinion the time has now come when I should lay before the + Congress and the country the correspondence between this Government + and the Government of Chile from the time of the breaking out of the + revolution against Balmaceda, together with all other facts in the + possession of the executive department relating to this matter. The + diplomatic correspondence is herewith transmitted, together with some + correspondence between the naval officers for the time in command in + Chilean waters and the Secretary of the Navy, and also the evidence + taken at the Mare Island Navy-Yard since the arrival of the <i>Baltimore</i> + at San Francisco. I do not deem it necessary in this communication to + attempt any full analysis of the correspondence or of the evidence. + A brief restatement of the international questions involved and of the + reasons why the responses of the Chilean Government are unsatisfactory + is all that I deem necessary. +</p> +<p> + It may be well at the outset to say that whatever may have been said + in this country or in Chile in criticism of Mr. Egan, our minister at + Santiago, the true history of this exciting period in Chilean affairs + from the outbreak of the revolution until this time discloses no act on + the part of Mr. Egan unworthy of his position or that could justly be + the occasion of serious animadversion or criticism. He has, I think, + on the whole borne himself in very trying circumstances with dignity, + discretion, and courage, and has conducted the correspondence with + ability, courtesy, and fairness. +</p> +<p> + It is worth while also at the beginning to say that the right of + Mr. Egan to give shelter in the legation to certain adherents of the + Balmaceda Government who applied to him for asylum has not been denied + by the Chilean authorities, nor has any demand been made for the + surrender of these refugees. That there was urgent need of asylum is + shown by Mr. Egan's note of August 24, 1891, describing the disorders + that prevailed in Santiago, and by the evidence of Captain Schley + as to the pillage and violence that prevailed at Valparaiso. The + correspondence discloses, however, that the request of Mr. Egan for a + safe conduct from the country in behalf of these refugees was denied. + The precedents cited by him in the correspondence, particularly the case + of the revolution in Peru in 1865, did not leave the Chilean Government + in a position to deny the right of asylum to political refugees, and + seemed very clearly to support Mr. Egan's contention that a safe conduct + to neutral territory was a necessary and acknowledged incident of the + asylum. These refugees have very recently, without formal safe conduct, + but by the acquiescence of the Chilean authorities, been placed on + board the <i>Yorktown</i>, and are now being conveyed to Callao, Peru. + This incident might be considered wholly closed but for the disrespect + manifested toward this Government by the close and offensive police + surveillance of the legation premises which was maintained during most + of the period of the stay of the refugees therein. After the date of my + annual message, and up to the time of the transfer of the refugees to + the <i>Yorktown</i>, the legation premises seemed to have been surrounded by + police in uniform and police agents or detectives in citizen's dress, + who offensively scrutinized persons entering or leaving the legation, + and on one or more occasions arrested members of the minister's family. + Commander Evans, who by my direction recently visited Mr. Egan at + Santiago, in his telegram to the Navy Department described the legation + as "a veritable prison," and states that the police agents or detectives + were after his arrival withdrawn during his stay. It appears further + from the note of Mr. Egan of November 20, 1891, that on one occasion at + least these police agents, whom he declares to be known to him, invaded + the legation premises, pounding upon its windows and using insulting and + threatening language toward persons therein. This breach of the right + of a minister to freedom from police espionage and restraint seems to + have been so flagrant that the Argentine minister, who was dean of + the diplomatic corps, having observed it, felt called upon to protest + against it to the Chilean minister of foreign affairs. The Chilean + authorities have, as will be observed from the correspondence, charged + the refugees and the inmates of the legation with insulting the police; + but it seems to me incredible that men whose lives were in jeopardy and + whose safety could only be secured by retirement and quietness should + have sought to provoke a collision, which could only end in their + destruction, or to aggravate their condition by intensifying a popular + feeling that at one time so threatened the legation as to require Mr. + Egan to appeal to the minister of foreign affairs. +</p> +<p> + But the most serious incident disclosed by the correspondence is that + of the attack upon the sailors of the <i>Baltimore</i> in the streets of + Valparaiso on the 16th of October last. In my annual message, speaking + upon the information then in my possession, I said: +</p><p class="q"> + So far as I have yet been able to learn, no other explanation of this + bloody work has been suggested than that it had its origin in hostility + to those men as sailors of the United States, wearing the uniform of + their Government, and not in any individual act or personal animosity. +</p> +<p> + We have now received from the Chilean Government an abstract of the + conclusions of the fiscal general upon the testimony taken by the judge + of crimes in an investigation which was made to extend over nearly three + months. I very much regret to be compelled to say that this report does + not enable me to modify the conclusion announced in my annual message. + I am still of the opinion that our sailors were assaulted, beaten, + stabbed, and killed not for anything they or any one of them had done, + but for what the Government of the United States had done or was charged + with having done by its civil officers and naval commanders. If that be + the true aspect of the case, the injury was to the Government of the + United States, not to these poor sailors who were assaulted in a manner + so brutal and so cowardly. +</p> +<p> + Before attempting to give an outline of the facts upon which this + conclusion rests I think it right to say a word or two upon the legal + aspect of the case. The <i>Baltimore</i> was in the harbor of Valparaiso by + virtue of that general invitation which nations are held to extend to + the war vessels of other powers with which they have friendly relations. + This invitation, I think, must be held ordinarily to embrace the + privilege of such communication with the shore as is reasonable, + necessary, and proper for the comfort and convenience of the officers + and men of such vessels. Captain Schley testifies that when his vessel + returned to Valparaiso on September 14 the city officers, as is + customary, extended the hospitalities of the city to his officers and + crew. It is not claimed that every personal collision or injury in which + a sailor or officer of such naval vessel visiting the shore may be + involved raises an international question, but I am clearly of the + opinion that where such sailors or officers are assaulted by a resident + populace, animated by hostility to the government whose uniform these + sailors and officers wear and in resentment of acts done by their + government, not by them, their nation must take notice of the event + as one involving an infraction of its rights and dignity, not in a + secondary way, as where a citizen is injured and presents his claim + through his own government, but in a primary way, precisely as if its + minister or consul or the flag itself had been the object of the same + character of assault. +</p> +<p> + The officers and sailors of the <i>Baltimore</i> were in the harbor of + Valparaiso under the orders of their Government, not by their own + choice. They were upon the shore by the implied invitation of the + Government of Chile and with the approval of their commanding officer; + and it does not distinguish their case from that of a consul that his + stay is more permanent or that he holds the express invitation of the + local government to justify his longer residence. Nor does it affect + the question that the injury was the act of a mob. If there had been + no participation by the police or military in this cruel work and no + neglect on their part to extend protection, the case would still be one, + in my opinion, when its extent and character are considered, involving + international rights. The incidents of the affair are briefly as + follows: +</p> +<p> + On the 16th of October last Captain Schley, commanding the United States + steamship <i>Baltimore</i>, gave shore leave to 117 petty officers and + sailors of his ship. These men left the ship about 1.30 p.m. No incident + of violence occurred, none of our men were arrested, no complaint was + lodged against them, nor did any collision or outbreak occur until about + 6 o'clock p.m. Captain Schley states that he was himself on shore and + about the streets of the city until 5.30 p.m.; that he met very many of + his men who were upon leave; that they were sober and were conducting + themselves with propriety, saluting Chilean and other officers as they + met them. Other officers of the ship and Captain Jenkins, of the + merchant ship <i>Keweenaw</i>, corroborate Captain Schley as to the general + sobriety and good behavior of our men. The Sisters of Charity at the + hospital to which our wounded men were taken when inquired of stated + that they were sober when received. If the situation had been otherwise, + we must believe that the Chilean police authorities would have made + arrests. About 6 p.m. the assault began, and it is remarkable that the + investigation by the judge of crimes, though so protracted, does not + enable him to give any more satisfactory account of its origin than is + found in the statement that it began between drunken sailors. Repeatedly + in the correspondence it is asserted that it was impossible to learn + the precise cause of the riot. The minister of foreign affairs, Matta, + in his telegram to Mr. Montt under date December 31, states that the + quarrel began between two sailors in a tavern and was continued in the + street, persons who were passing joining in it. +</p> +<p> + The testimony of Talbot, an apprentice, who was with Riggin, is that + the outbreak in which they were involved began by a Chilean sailor's + spitting in the face of Talbot, which was resented by a knockdown. It + appears that Riggin and Talbot were at the time unaccompanied by others + of their shipmates. These two men were immediately beset by a crowd of + Chilean citizens and sailors, through which they broke their way to a + street car, and entered it for safety. They were pursued, driven from + the car, and Riggin was so seriously beaten that he fell in the street + apparently dead. There is nothing in the report of the Chilean + investigation made to us that seriously impeaches this testimony. It + appears from Chilean sources that almost instantly, with a suddenness + that strongly implies meditation and preparation, a mob, stated by the + police authorities at one time to number 2,000 and at another 1,000, + was engaged in the assault upon our sailors, who are represented as + resisting "with stones, clubs, and bright arms." The report of the + <i>intendente</i> of October 30 states that the fight began at 6 p.m. in + three streets, which are named; that information was received at the + <i>intendencia</i> at 6.15, and that the police arrived on the scene at 6.30, + a full half hour after the assault began. At that time he says that a + mob of 2,000 men had collected, and that for several squares there was + the appearance of a "real battlefield." +</p> +<p> + The scene at this point is very graphically set before us by the Chilean + testimony. The American sailors, who after so long an examination have + not been found guilty of any breach of the peace so far as the Chilean + authorities are able to discover, unarmed and defenseless, are fleeing + for their lives, pursued by overwhelming numbers, and fighting only to + aid their own escape from death or to succor some mate whose life is in + greater peril. Eighteen of them are brutally stabbed and beaten, while + one Chilean seems from the report to have suffered some injury, but how + serious or with what character of weapon, or whether by a missile thrown + by our men or by some of his fellow-rioters, is unascertained. +</p> +<p> + The pretense that our men were fighting "with stones, clubs, and bright + arms" is in view of these facts incredible. It is further refuted by the + fact that our prisoners when searched were absolutely without arms, only + seven penknives being found in the possession of the men arrested, while + there were received by our men more than thirty stab wounds, every one + of which was inflicted in the back, and almost every contused wound was + in the back or back of the head; The evidence of the ship's officer of + the day is that even the jackknives of the men were taken from them + before leaving the ship. +</p> +<p> + As to the brutal nature of the treatment received by our men, the + following extract from the account given of the affair by the La Patria + newspaper, of Valparaiso, of October 17, can not be regarded as too + friendly: +</p><p class="q"> + The Yankees, as soon as their pursuers gave chase, went by way of the + Calle del Arsenal toward the city car station. In the presence of an + ordinary number of citizens, among whom were some sailors, the North + Americans took seats in the street car to escape from the stones which + the Chileans threw at them. It was believed for an instant that the + North Americans had saved themselves from popular fury, but such was + not the case. Scarcely had the car begun to move when a crowd gathered + around and stopped its progress. Under these circumstances and without + any cessation of the howling and throwing of stones at the North + Americans, the conductor entered the car, and, seeing the risk of the + situation to the vehicle, ordered them to get out. At the instant the + sailors left the car, in the midst of a hail of stones, the said + conductor received a stone blow on the head. One of the Yankee sailors + managed to escape in the direction of the Plaza Wheelright, but the + other was felled to the ground by a stone. Managing to raise himself + from the ground where he lay, he staggered in an opposite direction + from the station. In front of the house of Señor Mazzini he was again + wounded, falling then senseless and breathless. +</p> +<p> + No amount of evasion or subterfuge is able to cloud our clear vision + of this brutal work. It should be noticed in this connection that the + American sailors arrested, after an examination, were during the four + days following the arrest every one discharged, no charge of any breach + of the peace or other criminal conduct having been sustained against + a single one of them. The judge of crimes, Foster, in a note to the + <i>intendente</i> under date of October 22, before the dispatch from this + Government of the following day, which aroused the authorities of Chile + to a better sense of the gravity of the affair, says: +</p><p class="q"> + Having presided temporarily over this court in regard to the seamen of + the United States cruiser <i>Baltimore</i>, who have been tried on account + of the deplorable conduct which took place, etc. +</p> +<p> + The noticeable point here is that our sailors had been tried before + the 22d of October, and that the trial resulted in their acquittal and + return to their vessel. It is quite remarkable and quite characteristic + of the management of this affair by the Chilean police authorities that + we should now be advised that Seaman Davidson, of the <i>Baltimore</i>, has + been included in the indictment, his offense being, so far as I have + been able to ascertain, that he attempted to defend a shipmate against + an assailant who was striking at him with a knife. The perfect + vindication of our men is furnished by this report. One only is found + to have been guilty of criminal fault, and that for an act clearly + justifiable. +</p> +<p> + As to the part taken by the police in the affair, the case made by Chile + is also far from satisfactory. The point where Riggin was killed is only + three minutes' walk from the police station, and not more than twice + that distance from the <i>intendencia</i>; and yet according to their + official report a full half hour elapsed after the assault began before + the police were upon the ground. It has been stated that all but two of + our men have said that the police did their duty. The evidence taken at + Mare Island shows that if such a statement was procured from our men it + was accomplished by requiring them to sign a writing in a language they + did not understand and by the representation that it was a mere + declaration that they had taken no part in the disturbance. Lieutenant + McCrea, who acted as interpreter, says in his evidence that when our + sailors were examined before the court the subject of the conduct of the + police was so carefully avoided that he reported the fact to Captain + Schley on his return, to the vessel. +</p> +<p> + The evidences of the existence of animosity toward our sailors in + the minds of the sailors of the Chilean navy and of the populace of + Valparaiso are so abundant and various as to leave no doubt in the mind + of anyone who will examine the papers submitted. It manifested itself + in threatening and insulting gestures toward our men as they passed + the Chilean men-of-war in their boats and in the derisive and abusive + epithets with which they greeted every appearance of an American sailor + on the evening of the riot. Captain Schley reports that boats from the + Chilean war ships several times went out of their course to cross the + bows of his boats, compelling them to back water. He complained of the + discourtesy, and it was corrected. That this feeling was shared by men + of higher rank is shown by an incident related by Surgeon Stitt, of + the <i>Baltimore</i>. After the battle of Placilla he, with other medical + officers of the war vessels in the harbor, was giving voluntary + assistance to the wounded in the hospitals. The son of a Chilean army + officer of high rank was under his care, and when the father discovered + it he flew into a passion and said he would rather have his son die than + have Americans touch him, and at once had him removed from the ward. + This feeling is not well concealed in the dispatches of the foreign + office, and had quite open expression in the disrespectful treatment of + the American legation. The Chilean boatmen in the bay refused, even for + large offers of money, to return our sailors, who crowded the Mole, + to their ship when they were endeavoring to escape from the city on + the night of the assault. The market boats of the <i>Baltimore</i> were + threatened, and even quite recently the gig of Commander Evans, of + the <i>Yorktown</i>, was stoned while waiting for him at the Mole. +</p> +<p> + The evidence of our sailors clearly shows that the attack was expected + by the Chilean people, that threats had been made against our men, and + that in one case, somewhat early in the afternoon, the keeper of one + house into which some of our men had gone closed his establishment in + anticipation of the attack, which he advised them would be made upon + them as darkness came on. +</p> +<p> + In a report of Captain Schley to the Navy Department he says: +</p><p class="q"> + In the only interview that I had with Judge Foster, who is + investigating the case relative to the disturbance, before he was aware + of the entire gravity of the matter, he informed me that the assault + upon my men was the outcome of hatred for our people among the lower + classes because they thought we had sympathized with the Balmaceda + Government on account of the <i>Itata</i> matter, whether with reason or + without he could of course not admit; but such he thought was the + explanation of the assault at that time. +</p> +<p> + Several of our men sought security from the mob by such complete or + partial changes in their dress as would conceal the fact of their being + seamen of the <i>Baltimore</i>, and found it then possible to walk the + streets without molestation. These incidents conclusively establish that + the attack was upon the uniform—the nationality—and not upon the men. +</p> +<p> + The origin of this feeling is probably found in the refusal of this + Government to give recognition to the Congressional party before it + had established itself, in the seizure of the <i>Itata</i> for an alleged + violation of the neutrality law, in the cable incident, and in the + charge that Admiral Brown conveyed information to Valparaiso of the + landing at Quinteros. It is not my purpose to enter here any defense of + the action of this Government in these matters. It is enough for the + present purpose to say that if there was any breach of international + comity or duty on our part it should have been made the subject of + official complaint through diplomatic channels or for reprisals for + which a full responsibility was assumed. We can not consent that these + incidents and these perversions of the truth shall be used to excite + a murderous attack upon our unoffending sailors and the Government + of Chile go aquit of responsibility. In fact, the conduct of this + Government during the war in Chile pursued those lines of international + duty which we had so strongly insisted upon on the part of other nations + when this country was in the throes of a civil conflict. We continued + the established diplomatic relations with the government in power until + it was overthrown, and promptly and cordially recognized the new + government when it was established. The good offices of this Government + were offered to bring about a peaceful adjustment, and the interposition + of Mr. Egan to mitigate severities and to shelter adherents of the + Congressional party was effective and frequent. The charge against + Admiral Brown is too base to gain credence with anyone who knows his + high personal and professional character. +</p> +<p> + Recurring to the evidence of our sailors, I think it is shown that there + were several distinct assaults, and so nearly simultaneous as to show + that they did not spread from one point. A press summary of the report + of the fiscal shows that the evidence of the Chilean officials and + others was in conflict as to the place of origin, several places being + named by different witnesses as the locality where the first outbreak + occurred. This if correctly reported shows that there were several + distinct outbreaks, and so nearly at the same time as to cause this + confusion. The La Patria, in the same issue from which I have already + quoted, after describing the killing of Riggin and the fight which from + that point extended to the Mole, says: +</p><p class="q"> + At the same time in other streets of the port the Yankee sailors fought + fiercely with the people of the town, who believed to see in them + incarnate enemies of the Chilean navy. +</p> +<p> + The testimony of Captain Jenkins, of the American merchant ship + <i>Keweenaw</i>, which had gone to Valparaiso for repairs, and who was a + witness of some part of the assault upon the crew of the <i>Baltimore</i>, is + strongly corroborative of the testimony of our own sailors when he says + that he saw Chilean sentries drive back a seaman seeking shelter upon + a mob that was pursuing him. The officers and men of Captain Jenkins's + ship furnish the most conclusive testimony as to the indignities which + were practiced toward Americans in Valparaiso. When American sailors, + even of merchant ships, can only secure their safety by denying their + nationality, it must be time to readjust our relations with a government + that permits such demonstrations. +</p> +<p> + As to the participation of the police, the evidence of our sailors shows + that our men were struck and beaten by police officers before and after + arrest, and that one at least was dragged with a lasso about his neck by + a mounted policeman. That the death of Riggin was the result of a rifle + shot fired by a policeman or soldier on duty is shown directly by the + testimony of Johnson, in whose arms he was at the time, and by the + evidence of Charles Langen, an American sailor, not then a member of + the <i>Baltimore's</i> crew, who stood close by and saw the transaction. The + Chilean authorities do not pretend to fix the responsibility of this + shot upon any particular person, but avow their inability to ascertain + who fired it further than that it was fired from a crowd. The character + of the wound as described by one of the surgeons of the <i>Baltimore</i> + clearly supports his opinion that it was made by a rifle ball, the + orifice of exit being as much as an inch or an inch and a quarter in + width. When shot the poor fellow was unconscious and in the arms of a + comrade, who was endeavoring to carry him to a neighboring drug store + for treatment. The story of the police that in coming up the street they + passed these men and left them behind them is inconsistent with their + own statement as to the direction of their approach and with their duty + to protect them, and is clearly disproved. In fact Riggin was not behind + but in front of the advancing force, and was not standing in the crowd, + but was unconscious and supported in the arms of Johnson when he was + shot. +</p> +<p> + The communications of the Chilean Government in relation to this + cruel and disastrous attack upon our men, as will appear from the + correspondence, have not in any degree taken the form of a manly and + satisfactory expression of regret, much less of apology. The event was + of so serious a character that if the injuries suffered by our men had + been wholly the result of an accident in a Chilean port the incident was + grave enough to have called for some public expression of sympathy and + regret from the local authorities. It is not enough to say that the + affair was lamentable, for humanity would require that expression even + if the beating and killing of our men had been justifiable. It is not + enough to say that the incident is regretted, coupled with the statement + that the affair was not of an unusual character in ports where foreign + sailors are accustomed to meet. It is not for a generous and sincere + government to seek for words of small or equivocal meaning in which + to convey to a friendly power an apology for an offense so atrocious + as this. In the case of the assault by a mob in New Orleans upon the + Spanish consulate in 1851, Mr. Webster wrote to the Spanish minister, + Mr. Calderon, that the acts complained of were "a disgraceful and + flagrant breach of duty and propriety," and that his Government "regrets + them as deeply as Minister Calderon or his Government could possibly + do;" that "these acts have caused the President great pain, and he + thinks a proper acknowledgment is due to Her Majesty's Government." + He invited the Spanish consul to return to his post, guaranteeing + protection, and offered to salute the Spanish flag if the consul should + come in a Spanish vessel. Such a treatment by the Government of Chile of + this assault would have been more creditable to the Chilean authorities, + and much less can hardly be satisfactory to a government that values its + dignity and honor. +</p> +<p> + In our note of October 23 last, which appears in the correspondence, + after receiving the report of the board of officers appointed by Captain + Schley to investigate the affair, the Chilean Government was advised of + the aspect which it then assumed and called upon for any facts in its + possession that might tend to modify the unfavorable impressions which + our report had created. It is very clear from the correspondence that + before the receipt of this note the examination was regarded by the + police authorities as practically closed. It was, however, reopened and + protracted through a period of nearly three months. We might justly have + complained of this unreasonable delay; but in view of the fact that the + Government of Chile was still provisional, and with a disposition to be + forbearing and hopeful of a friendly termination, I have awaited the + report, which has but recently been made. +</p> +<p> + On the 21st instant I caused to be communicated to the Government of + Chile by the American minister at Santiago the conclusions of this + Government after a full consideration of all the evidence and of every + suggestion affecting this matter, and to these conclusions I adhere. + They were stated as follows: +</p><p class="q"> + First. That the assault is not relieved of the aspect which the early + information of the event gave to it, viz, that of an attack upon the + uniform of the United States Navy having its origin and motive in a + feeling of hostility to this Government, and not in any act of the + sailors or of any of them. +</p><p class="q"> + Second. That the public authorities of Valparaiso flagrantly failed in + their duty to protect our men, and that some of the police and of the + Chilean soldiers and sailors were themselves guilty of unprovoked + assaults upon our sailors before and after arrest. He [the President] + thinks the preponderance of the evidence and the inherent probabilities + lead to the conclusion that Riggin was killed by the police or soldiers. +</p><p class="q"> + Third. That he [the President] is therefore compelled to bring the case + back to the position taken by this Government in the note of Mr. Wharton + of October 23 last * * * and to ask for a suitable apology and for some + adequate reparation for the injury done to this Government. +</p> +<p> + In the same note the attention of the Chilean Government was called to + the offensive character of a note addressed by Mr. Matta, its minister + of foreign affairs, to Mr. Montt, its minister at this capital, on the + 11th ultimo. This dispatch was not officially communicated to this + Government, but as Mr. Montt was directed to translate it and to give + it to the press of the country it seemed to me that it could not pass + without official notice. It was not only undiplomatic, but grossly + insulting to our naval officers and to the executive department, as it + directly imputed untruth and insincerity to the reports of the naval + officers and to the official communications made by the executive + department to Congress. It will be observed that I have notified the + Chilean Government that unless this note is at once withdrawn and an + apology as public as the offense made I will terminate diplomatic + relations. +</p> +<p> + The request for the recall of Mr. Egan upon the ground that he was not + <i>persona grata</i> was unaccompanied by any suggestion that could properly + be used in support of it, and I infer that the request is based upon + official acts of Mr. Egan which have received the approval of this + Government. But however that may be, I could not consent to consider + such a question until it had first been settled whether our + correspondence with Chile could be conducted upon a basis of mutual + respect. +</p> +<p> + In submitting these papers to Congress for that grave and patriotic + consideration which the questions involved demand I desire to say that + I am of the opinion that the demands made of Chile by this Government + should be adhered to and enforced. If the dignity as well as the + prestige and influence of the United States are not to be wholly + sacrificed, we must protect those who in foreign ports display the flag + or wear the colors of this Government against insult, brutality, and + death inflicted in resentment of the acts of their Government and not + for any fault of their own. It has been my desire in every way to + cultivate friendly and intimate relations with all the Governments of + this hemisphere. We do not covet their territory. We desire their peace + and prosperity. We look for no advantage in our relations with them + except the increased exchanges of commerce upon a basis of mutual + benefit. We regret every civil contest that disturbs their peace and + paralyzes their development, and are always ready to give our good + offices for the restoration of peace. It must, however, be understood + that this Government, while exercising the utmost forbearance toward + weaker powers, will extend its strong and adequate projection to its + citizens, to its officers, and to its humblest sailor when made the + victims of wantonness and cruelty in resentment not of their personal + misconduct, but of the official acts of their Government. +</p> +<p> + Upon information received that Patrick Shields, an Irishman and probably + a British subject, but at the time a fireman of the American steamer + <i>Keweenaw</i>, in the harbor of Valparaiso for repairs, had been subjected + to personal injuries in that city, largely by the police, I directed the + Attorney-General to cause the evidence of the officers and crew of that + vessel to be taken upon its arrival in San Francisco, and that testimony + is also herewith transmitted. The brutality and even savagery of the + treatment of this poor man by the Chilean police would be incredible if + the evidence of Shields was not supported by other direct testimony and + by the distressing condition of the man himself when he was finally able + to reach his vessel. The captain of the vessel says: +</p><p class="q"> + He came back a wreck, black from his neck to his hips from beating, + weak and stupid, and is still in a kind of paralyzed condition, and has + never been able to do duty since. +</p> +<p> + A claim for reparation has been made in behalf of this man, for while he + was not a citizen of the United States, the doctrine long held by us, as + expressed in the consular regulations, is: +</p><p class="q"> + The principles which are maintained by this Government in regard to + the protection, as distinguished from the relief, of seamen are well + settled. It is held that the circumstance that the vessel is American + is evidence that the seamen on board are such, and in every regularly + documented merchant vessel the crew will find their protection in the + flag that covers them. +</p> +<p> + I have as yet received no reply to our note of the 21st instant, but in + my opinion I ought not to delay longer to bring these matters to the + attention of Congress for such action as may be deemed appropriate. +</p> +<p class="r"> + BENJ. HARRISON. +</p> +<p> </p><p> </p> + + +<p class="r"> + EXECUTIVE MANSION, <i>January 25, 1892</i>. +</p> +<p> + <i>To the Senate and House of Representatives</i>: +</p> +<p> + I transmit herewith, for the consideration of Congress, a communication + of the 23d instant from the Secretary of the Interior, submitting an + extract from the report of the commission appointed under the act of + January 12, 1891, entitled "An act for the relief of the Mission Indians + in the State of California," and other papers relating to the exchange + of lands with private individuals and the purchase of certain lands and + improvements for the use and benefit of the Mission Indians, with draft + of a bill to carry into effect the recommendations of said Mission + Commission. +</p> +<p> + I have approved the report of the Mission Commission, except as much as + relates to the purchase of lands from and exchange of lands with private + individuals, which is also approved subject to the condition that + Congress shall authorize the same. +</p> +<p> + The matter is presented with the recommendation for the early and + favorable action of Congress. +</p> +<p class="r"> + BENJ. HARRISON. +</p> +<p> </p><p> </p> + + +<p class="r"> + EXECUTIVE MANSION, <i>Washington, January 25, 1892</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + Referring to a communication of June 11, 1890, concerning the adoption + by the Committee on Foreign Relations of a resolution respecting the + claim of William Webster against the Government of Great Britain, I + herewith transmit a report of the Secretary of State, with accompanying + documents, showing the action taken under that resolution. +</p> +<p class="r"> + BENJ. HARRISON. +</p> +<p> </p><p> </p> + + +<p class="r"> + EXECUTIVE MANSION, <i>Washington, January 25, 1892</i>. +</p> +<p> + <i>To the Senate and House of Representatives</i>: +</p> +<p> + I transmit herewith a report of the Secretary of State, with + accompaniments, in relation to the claim of the representatives of the + late Hon. James Crooks, a British subject, against the Government of the + United States for the seizure of the steamer <i>Lord Nelson</i> in 1812. +</p> +<p> + The favorable action of the Fiftieth and Fifty-first Congresses upon the + bills heretofore introduced for the relief of the claimants makes it + proper that I should recommend it anew for the consideration and final + disposition of the present Congress. +</p> +<p class="r"> + BENJ. HARRISON. +</p> +<p> </p><p> </p> + + +<p class="r"> + EXECUTIVE MANSION, <i>January 28, 1892</i>. +</p> +<p> + <i>To the Senate and House of Representatives</i>: +</p> +<p> + I transmit herewith additional correspondence between this Government + and the Government of Chile, consisting of a note of M. Montt, the + Chilean minister at this capital, to Mr. Blaine, dated January 23; a + reply of Mr. Blaine thereto of date January 27, and a dispatch from + Mr. Egan, our minister at Santiago, transmitting the response of + Mr. Pereira, the Chilean minister of foreign affairs, to the note of + Mr. Blaine of January 21, which was received by me on the 26th instant. + The note of Mr. Montt to Mr. Blaine, though dated January 23, was not + delivered at the State Department until after 12 o'clock m. of the 25th, + and was not translated and its receipt notified to me until late in the + afternoon of that day. +</p> +<p> + The response of Mr. Pereira to our note of the 21st withdraws, with + acceptable expressions of regret, the offensive note of Mr. Matta of + the 11th ultimo, and also the request for the recall of Mr. Egan. + The treatment of the incident of the assault upon the sailors of the + <i>Baltimore</i> is so conciliatory and friendly that I am of the opinion + that there is a good prospect that the differences growing out of + that serious affair can now be adjusted upon terms satisfactory to + this Government by the usual methods and without special powers from + Congress. This turn in the affair is very gratifying to me, as I am sure + it will be to the Congress and to our people. The general support of the + efforts of the Executive to enforce the just rights of the nation in + this matter has given an instructive and useful illustration of the + unity and patriotism of our people. +</p> +<p> + Should it be necessary I will again communicate with Congress upon the + subject. +</p> +<p class="r"> + BENJ. HARRISON. +</p> +<p> </p><p> </p> + + +<p class="r"> + EXECUTIVE MANSION, <i>February 2, 1892</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + In reply to a resolution of the Senate of the 27th ultimo, requesting + the President "to advise the Senate as to what action, if any, has been + taken ... to cause careful soundings to be made between San Francisco, + Cal., and Honolulu ... for the purpose of determining the practicability + of laying a telegraphic cable between those two points, or between any + point on the Pacific coast and the Kingdom of the Hawaiian Islands," + I inclose herewith a communication from the Secretary of the Navy, dated + January 30, 1892. +</p> +<p class="r"> + BENJ. HARRISON. +</p> +<p> </p><p> </p> + + +<p class="r"> + EXECUTIVE MANSION, <i>February 9, 1892</i>. +</p> +<p> + <i>To the House of Representatives</i>: +</p> +<p> + I transmit herewith, in answer to the resolution of the House of + Representatives of the 13th of January last, a report from the Secretary + of State and accompanying papers.<a href="#note-24"><small>24</small></a> +</p> +<p class="r"> + BENJ. HARRISON. +</p> +<p> </p><p> </p> + + + +<p class="r"> + EXECUTIVE MANSION, <i>February 10, 1892</i>. +</p> +<p> + <i>To the Senate and House of Representatives</i>: +</p> +<p> + I transmit herewith, as required by law, a communication of the 6th + instant from the Secretary of the Interior, with the report of the + Puyallup Indian Commission and accompanying papers. +</p> +<p class="r"> + BENJ. HARRISON. +</p> +<p> </p><p> </p> + + +<p class="r"> + EXECUTIVE MANSION, <i>February 16, 1892</i>. +</p> +<p> + <i>To the Senate and House of Representatives</i>: +</p> +<p> + There was passed by the last Congress "An act for the protection of the + lives of the miners in the Territories," which was approved by me on the + 3d day of March, 1891. That no appropriation was made to enable me to + carry the act into effect resulted, I suppose, from the fact that it was + passed so late in the session. This law recognizes the necessity of a + responsible public inspection and supervision of the business of mining + in the interest of the miners, and is in line with the legislation of + most of the States. +</p> +<p> + The work of the miner has its unavoidable incidents of discomfort and + danger, and these should not be increased by the neglect of the owners + to provide every practicable safety appliance. Economies which involve + a sacrifice of human life are intolerable. +</p> +<p> + I transmit herewith memorials from several hundred miners working in the + coal mines in the Indian Territory, asking for the appointment of an + inspector under the act referred to. The recent frightful disaster at + Krebs, in that Territory, in which sixty-seven miners met a horrible + death, gives urgency to their appeal, and I recommend that a special + appropriation be at once made for the salaries and the necessary + expenses of the inspectors provided for in the law. +</p> +<p class="r"> + BENJ. HARRISON. +</p> +<p> </p><p> </p> + + +<p class="r"> + EXECUTIVE MANSION, <i>February 17, 1892</i>. +</p> +<p> + <i>To the Senate and House of Representatives</i>: +</p> +<p> + The Indian appropriation bill which was approved March 3, 1891, contains + the following provision: +</p><p class="q"> + And the sum of $2,991,450 be, and the same is hereby, appropriated, + out of any money in the Treasury not otherwise appropriated, to pay + the Choctaw and Chickasaw nations of Indians for all the right, title, + interest, and claim which said nations of Indians may have in and to + certain lands now occupied by the Cheyenne and Arapahoe Indians under + Executive order, said lands lying south of the Canadian River, and now + occupied by the said Cheyenne and Arapahoe Indians; said lands have + been ceded in trust by article 3 of the treaty between the United + States and said Choctaw and Chickasaw nations of Indians which was + concluded April 28, 1866, and proclaimed on the 10th day of August of + the same year, and whereof there remains, after deducting allotments as + provided by said agreement, a residue ascertained by survey to contain + 2,393,160 acres; three-fourths of this appropriation to be paid to such + person or persons as are or shall be duly authorized by the laws of + said Choctaw Nation to receive the same, at such time and in such sums + as directed and required by the legislative authority of said Choctaw + Nation, and one-fourth of this appropriation to be paid to such person + or persons as are or shall be duly authorized by the laws of said + Chickasaw Nation to receive the same, at such times and in such sums as + directed and required by the legislative authority of said Chickasaw + Nation; this appropriation to be immediately available and to become + operative upon the execution by the duly appointed delegates of said + respective nations specially authorized thereto by law of releases and + conveyances to the United States of all the right, title, interest, and + claim of said respective nations of Indians in and to said land (not + including Greer County, which is now in dispute), in manner and form + satisfactory to the President of the United States; and said releases + and conveyances, when fully executed and delivered, shall operate to + extinguish all claim of every kind and character of said Choctaw and + Chickasaw nations of Indians in and to the tract of country to which + said releases and conveyances shall apply. +</p> +<p> + If this section had been submitted to me as a separate measure, + especially during the closing hours of the session, I should have + disapproved it; but as the Congress was then in its last hours a + disapproval of the general Indian appropriation bill, of which it was a + part, would have resulted in consequences so far-reaching and disastrous + that I felt it my duty to approve the bill. But as a duty was devolved + upon me by the section quoted, viz, the acceptance and approval of the + conveyances provided for, I have felt bound to look into the whole + matter, and in view of the facts which I shall presently mention to + postpone any Executive action until these facts could be submitted to + Congress. Very soon after the passage of the law it came to my knowledge + that the Choctaw Legislature had entered into an agreement with three + citizens of that tribe to pay to them as compensation for procuring this + legislation 25 per cent of any appropriation that might be made by + Congress. The amount to be secured by these three agents under this + agreement out of the three-fourths interest in the appropriation of the + Choctaw Nation is $560,896. I have information that a contract was made + by the Chickasaws to pay about 10 per cent of their one-fourth interest + to the agents and attorneys who represented them. +</p> +<p> + Within a month after the passage of the law R.J. Ward, one of the + agents, who was to divide with his associates the enormous sum to be + paid by the Choctaws, presented to me an affidavit dated April 4, 1891, + which is herewith submitted. It appears from his statement that the + action of the Choctaw Council in this matter was corruptly influenced + by the execution of certain notes signed by Ward for himself and his + associates in sums varying from $2,500 to $15,000. His associates deny + any knowledge of this, but the giving and existence of these notes is + not refuted. The statement of the two associates of Ward denying any + knowledge or participation in this fraud is also submitted, together + with other papers relating to the matter. Whatever may be the fact as to + the use or nonuse of corrupt methods to secure this legislation from the + Choctaw Council, I do not think the Congress of the United States should + so legislate upon this matter as to give effect to such a contract, + which I am sure must have been unnoticed when the measure was pending. + If the relations of these Indians to the United States are those of a + ward, Congress should protect them from such extortionate exactions. + We can not assume that the expenses and services of a committee of three + persons to represent this claim before Congress should justly assume + such proportions. The making of such a contract seems to convey + implications which I am sure are wholly unjust. +</p> +<p> + After the passage of the appropriation bill legislation was had by the + Choctaw Nation looking to the completion of the contract made with their + delegates as to the payment of this money; but subsequently, when it + was supposed that this extraordinary arrangement might require me to + bring the matter to the attention of Congress, an act was passed by + the Choctaw General Council, approved October 19, 1891, declaring all + contracts made by the Choctaw delegates with any attorneys in connection + with this appropriation void and of no effect. A copy of this law will + be found with the papers submitted. There has also been submitted to me + an unofficial copy of the opinion of the attorney-general of the Choctaw + Nation holding that this last legislation is unconstitutional and void. + I am of the opinion that if this appropriation is to stand provision + should be made for protecting these tribes against extortionate claims + for compensation in procuring action by Congress. Copies of the several + laws passed by the Choctaw Nation with reference to this matter will + be found in the accompanying papers. It will be noticed that the + distribution proposed is limited to Choctaws by blood, excluding the + freedmen and the white men who have been given full citizenship from any + participation. A protest against this method of distribution has been + filed by a white citizen of the tribe, and also a representation by Hon. + Thomas C. Fletcher, their attorney, on behalf of the freedmen. In view + of the fact that the stipulations of the treaty of 1866 in behalf of + the freedmen of these tribes have not, especially in the case of the + Chickasaws, been complied with, it would seem that the United States + should in a distribution of this money have made suitable provision + in their behalf. The Chickasaws have steadfastly refused to admit the + freedmen to citizenship, as they stipulated to do in the treaty referred + to, and their condition in that tribe and in a lesser degree in the + other strongly calls for the protective intervention of Congress. +</p> +<p> + After a somewhat careful examination of the question I do not believe + that the lands for which this money is to be paid were, to quote the + language of section 15 of the Indian appropriation bill, already set + out, "ceded in trust by article 3 of the treaty between the United + States and said Choctaw and Chickasaw nations of Indians which was + concluded April 28, 1866," etc. It is agreed that that treaty contained + no express limitation upon the uses to which the United States might put + the territory known as the leased district. The lands were ceded by + terms sufficiently comprehensive to have passed the full title of the + Indians. The limitation upon the use to which the Government might put + them is sought to be found in a provision of the treaty by which the + United States undertook to exclude white settlers and in the expressions + found in the treaties made at the same time with the Creeks and other + tribes of the purpose of the United States to use the lands ceded by + those tribes for the settlement of friendly Indians. +</p> +<p> + The stipulation as to the exclusion of white settlers might well have + reference solely to the national lands retained by the Choctaw and + Chickasaw tribes, and the reason for the nonincorporation in the treaty + with them of a statement of the purpose of the Government in connection + with the use of the lands is well accounted for by the fact that as + to these lands the Government had already, under the treaty of 1855, + secured the right to use them perpetually for the settlement of friendly + Indians. This was not true as to the lands of the other tribes referred + to. The United States paid to the Choctaws and Chickasaws $300,000, and + the failure to insert the words that are called words of limitation + in this treaty points, I think, clearly to the conclusion that the + commissioners on the part of the Government and the Indians themselves + must have understood that this Government was acquiring something + more than a mere right to settle friendly Indians, which it already + possessed, and something more than the mere release of the right which + the Choctaws and Chickasaws had under the treaty of 1855 to select + locations on these lands if they chose. +</p> +<p> + Undoubtedly it was the policy of this Government for the time to + hold these and the adjacent lands as Indian country, and many of the + expressions in the proclamations of my predecessors and in the reports + of the Indian Bureau and of the Secretary of the Interior mean this and + nothing more. This is quite different from a conditional title, which + limits the grant to a particular use and works a reinvestment of full + title in the Indian grantors when that use ceases. But those who hold + most strictly that a use for Indian purposes, where it is expressed, + is a limitation of title seem to agree that the United States might + pass a fee absolute to other Indian tribes in the lands ceded for their + occupancy. Certainly it was not intended that in settling friendly + Indians upon these lands the Government was to be restrained in its + policy of allotment and individual ownership. If for an adequate + consideration, by treaty, the United States placed upon these lands + other Indian tribes, it was competent to give them patents in fee for + a certain and agreed reservation. This being so, when the policy of + allotment is put into force the compensation for the unused lands should + certainly go to the occupying tribe, which in the case supposed had paid + a full consideration for the whole reservation. +</p> +<p> + It will hardly be contended that in such case this Government should + pay twice for the lands. In the appropriation under discussion this + principle is in part recognized, for no claim is made by the Choctaws + and Chickasaws for the lands allotted to the Cheyennes and Arapahoes. + The claim is for unallotted or surplus lands. The case of the Cheyennes + and Arapahoes is this: In consideration of other lands the Government + gave them a treaty reservation in the Cherokee Outlet, but never + perfected it by paying the Cherokees the stipulated price and placing + these Indians upon it. The Cheyennes and Arapahoes declined to go upon + the strip and located themselves farther south, where they now are. The + Government subsequently recognized their right to remain there, and set + apart the lands now being allotted to members of that tribe and the + lands for which payment is now claimed by the Choctaws and Chickasaws as + the Cheyenne and Arapahoe Reservation. I think the United States must be + held to have assented to the substitution of these lands for the treaty + lands in the Cherokee Strip, and that being true, when the reservation + is broken up, as now, by allotments, it would seem that the Cheyennes + and Arapahoes were entitled to be compensated for these surplus lands. + In fact, a commission which has been dealing with the tribes in the + Indian Territory has concluded an arrangement with them by which the + Government pays $1,500,000 for these surplus lands and for the release + of any claim to the Cherokee Strip, so that in fact in this agreement + with the Cheyennes and Arapahoes the Government has paid for the lands + for which payment is now claimed by the Choctaws and Chickasaws. +</p> +<p> + It should not be forgotten also that the allotment to the Cheyennes and + Arapahoes is still incomplete. The method of calculation which resulted + in stating the claim of the Choctaws and Chickasaws at $2,991,450 is + explained by a letter of Mr. J.S. Standley, one of the Choctaw + delegates, dated April 6, 1891. The agent for the Cheyennes and + Arapahoes wrote Mr. Standley that there were 600 Indians residing upon + the lands south of the Canadian River, and who it was supposed would + take allotments there, and upon this statement the legislation was + based. Now it must be borne in mind that the Cheyennes and Arapahoes + have the right to locate anywhere within their reservation, and that + instead of 600 double that number might have taken their allotments + south of the Canadian River upon these lands. This is not probable, but + a later report indicates that the number will certainly be in excess of + 600. If the sum to be paid to the Choctaws and Chickasaws depended + upon a knowledge of the number of acres of unallotted land south of + the Canadian River, it would seem to have been reasonable that the + appropriation should have been delayed until the exact number of acres + taken for allotment had been officially ascertained. This has not yet + been done. +</p> +<p> + It is right also, I think, that Congress in dealing with this matter + should have the whole question before it, for the declaration of Indian + title contained in this item of appropriation extends to a very large + body of land and will involve very large future appropriations. The + Choctaw and Chickasaw leased district, embracing the lands in the Indian + Territory between the ninety-eighth and one hundredth degrees of west + longitude and extending north and south from the main Canadian River to + the Red River, including Greer County, contains, according to the public + surveys, 7,713,239 acres, or, excluding Greer County, 6,201,663 acres. + This leased district is occupied as follows: +</p> +<p> + Greer County, by white citizens of Texas, 1,511,576 acres. The United + States is now prosecuting a case in the courts to obtain a judicial + declaration that this county is part of the Indian country. If a + decision should be rendered in its favor, the claim of the Choctaws + and Chickasaws to be paid for these lands at the rate named in this + appropriation would at once be presented. +</p> +<p> + The Wichita Reservation is also upon the leased lands and is occupied + by the Wichitas, Caddoes, Delawares, and remnants of other tribes by + Department orders, made to depend upon the treaty with the Delawares in + 1866 and some other unratified agreements with tribes or fragments of + tribes in 1872. This reservation contains 743,610 acres. +</p> +<p> + The Kiowa, Comanche, and Apache Reservation is occupied by those Indians + under a treaty proclaimed August 25, 1868, which provides that said + district of country "shall be, and the same is hereby, set apart for the + absolute and undisturbed use and occupation of the tribes herein named, + and for such friendly tribes or individual Indians as from time to time + they may be willing (with the consent of the United States) to admit + among them." This reservation contains 2,968,893 acres. +</p> +<p> + The Cheyennes and Arapahoes, whose surplus lands are to be paid for by + this appropriation, have occupied the country between the Washita and + Canadian rivers, extending west to the one hundredth degree of + longitude. This reservation contains 2,489,160 acres. +</p> +<p> + I have stated these facts in order that it may be seen what further + appropriations are involved in a settlement for all these lands upon the + basis which Congress has adopted. It does not seem to me to be a wise + policy to deal with this question piecemeal. It would have been better, + if a remnant of title remains in the Choctaws and Chickasaws to the + lands in the leased district, to have settled the whole matter at once. + Under the treaty of 1855 the Choctaws and Chickasaws quitclaimed any + supposed interest of theirs in the lands west of the one hundredth + degree. The boundary between the Louisiana purchase and the Spanish + possessions by our treaty of 1819 with Spain was as to these lands fixed + upon the one hundredth degree of west longitude. +</p> +<p> + Our treaty with the Choctaws and Chickasaws made in 1820 extended their + grant to the limit of our possessions. It followed, of course, that + these lands were included within the boundaries of the State of Texas + when that State was admitted to the Union, and the release of the + Choctaws and Chickasaws, whatever it was worth, operated for the benefit + of the State of Texas and not of the United States. The lands became + public lands of that State. For the release of this claim and for the + lease of the lands west of the ninety-eighth degree the Government of + the United States paid the sum of $800,000. In the calculations which + have been made to arrive at the basis of the appropriation under + discussion no part of this sum is treated as having been paid for the + lease. I do not think that is just to the United States. It seems + probable that a very considerable part of this consideration must have + related to the leased lands, because these were the lands in which the + Indian title was recognized, and the treaty gave to the United States a + permanent right of occupation by friendly Indians. The sum of $300,000, + paid under the treaty of 1866, is deducted, as I understand, in arriving + at the sum appropriated. It seems to me that a considerable proportion + of the sum of $800,000 previously paid should have been deducted in the + same manner. +</p> +<p> + I have felt it to be my duty to bring these matters to the attention of + Congress for such action as may be thought advisable. +</p> +<p class="r"> + BENJ. HARRISON. +</p> +<p> </p><p> </p> + + +<p class="r"> + EXECUTIVE MANSION, <i>February 24, 1892</i>. +</p> +<p> + <i>To the Senate and House of Representatives</i>: +</p> +<p> + I transmit herewith, for the information of Congress, the annual report + of the World's Columbian Commission; a supplementary report of the + same commission, submitted February 16, 1892; the report of the board + appointed by me under section 16 of the act of April 25, 1890, to have + charge of the exhibit to be made by the Executive Departments, the + Smithsonian Institution, the Fish Commission, and the National Museum; + and the report of the board of lady managers, provided for by section + 6 of the act referred to. +</p> +<p> + The information furnished by these reports as to the progress of the + work is not only satisfactory, but highly gratifying. The plan and scope + adopted and the site and buildings selected and now being erected are + fully commensurate with the national and international character of the + enterprise contemplated by the legislation of Congress. The Illinois + corporation has fully complied with the condition of the law that + $10,000,000 should be provided, and the Government commission reports + that "the grounds and buildings will be the most extensive, adequate, + and ornate ever devoted to such purposes." It seems, however, that from + five to eight millions of dollars more will, in the opinion of the + local board and the national commission, be necessary to prepare the + exposition for a complete and successful inauguration. It will be + noticed from the reports that it was first proposed by the local + commission to ask of Congress a loan of $5,000,000, to be repaid from + receipts, and that the national commission approved this suggestion. + Subsequently the Illinois exposition corporation reconsidered its action + and determined to ask a subscription of $5,000,000. +</p> +<p> + The supplementary report of the national commission seems to approve + this amended proposition. I have not myself that detailed information as + to the financial necessities of the enterprise which would enable me to + form an independent judgment of the additional amount necessary, and am + not, therefore, prepared to make any specific recommendation to Congress + upon the subject. The committees of Congress having this matter in + charge will undoubtedly obtain full and accurate information before + final action. The exposition, notwithstanding the limitations which + the act contains, is an enterprise to which the United States is so + far committed that Congress ought not, I think, to withhold just and + reasonable further support if the local corporation consents to proper + conditions. +</p> +<p> + Liberality on the part of the United States is due to the foreign + nations that have responded in a friendly way to the invitation of this + Government to participate in the exposition, and will, I am sure, meet + the approval of our people. The exposition will be one of the most + illustrious incidents in our civic history. +</p> +<p> + I transmit also certain resolutions adopted by representatives of the + National Guard of the various States appointed by the governors to + attend a convention which was held in Chicago on the 27th of October, + 1891, with a view to consider the subject of holding a military + encampment at Chicago during the exposition. +</p> +<p class="r"> + BENJ. HARRISON. +</p> +<p> </p><p> </p> + + +<p class="r"> + EXECUTIVE MANSION, <i>February 25, 1892</i>. +</p> +<p> + <i>To the Senate and House of Representatives</i>: +</p> +<p> + I transmit herewith copy of a memorial of the Wichitas, Caddoes, and + affiliated tribes of Indians in Oklahoma Territory in the matter of + their claim to the lands they occupy, for consideration in connection + with the agreement concluded by and between the Cherokee Commission and + said Indians, and also with my communication of the 17th instant,<a href="#note-25"><small>25</small></a> + relative to the act to pay the Choctaw and Chickasaw Indians for certain + lands now occupied by the Cheyenne and Arapahoe Indians. +</p> +<p class="r"> + BENJ. HARRISON. +</p> +<p> </p><p> </p> + + +<p class="r"> + EXECUTIVE MANSION, <i>Washington, March 8, 1892</i>. +</p> +<p> + <i>To the Senate</i>: +</p> +<p> + I herewith transmit, with a view to its ratification, a convention + signed at Washington the 29th of February, 1892, between the Governments + of the United States and Her Britannic Majesty, submitting to + arbitration the questions which have arisen between those Governments + concerning the jurisdictional rights of the United States in the waters + of the Bering Sea, and concerning also the preservation of the fur seal + in and habitually resorting to the said sea and the rights of the + citizens and subjects of either country as regards the taking of fur + seal in or habitually resorting to the said waters. +</p> +<p> + The correspondence not heretofore submitted to Congress in relation to + the Bering Sea matter is in course of preparation and will be + transmitted without delay. +</p> +<p class="r"> + BENJ. HARRISON. +</p> +<p> </p><p> </p> + + +<p class="r"> + EXECUTIVE MANSION, <i>March 9, 1892</i>. +</p> +<p> + <i>To the Senate and House of Representatives</i>: +</p> +<p> + I transmit herewith, for the consideration of Congress, a communication + of the 5th instant from the Secretary of the Interior, submitting the + agreement concluded by and between the commissioners for the United + States and the Cherokee Nation of Indians of the Indian Territory, for + the cession of certain lands and for other purposes. +</p> +<p class="r"> + BENJ. HARRISON. +</p> +<p> </p><p> </p> + + +<p class="r"> + EXECUTIVE MANSION, <i>Washington, March 18, 1892</i>. +</p> +<p> + <i>To the Senate</i>: +</p> +<p> + I herewith transmit, in answer to the resolution of the Senate of the 3d + ultimo, a report from the Acting Secretary of State of the 17th instant, + transmitting information relative to and his opinion as to the purchase + of the unpublished correspondence and manuscripts of President James + Monroe. +</p> +<p class="r"> + BENJ. HARRISON. +</p> +<p> </p><p> </p> + + +<p class="r"> + EXECUTIVE MANSION, <i>March 24, 1892</i>. +</p> +<p> + <i>To the Senate and House of Representatives</i>: +</p> +<p> + I transmit herewith a communication from the Board of Commissioners of + the District of Columbia, accompanied by a letter from the chairman of + the executive committee organized by the citizens of Washington for the + reception and entertainment of the Twenty-sixth Annual Encampment of the + Grand Army of the Republic, which is to be held in Washington during + September next. An appeal is made for an appropriation by Congress of + $100,000, one-half to be paid out of the District revenues, to aid in + defraying the expenses attending this reception. +</p> +<p> + The event is one of very high and, as I believe, of national interest, + and the attendance of the surviving Union soldiers will, I do not doubt, + be larger than at any annual encampment that has ever been held. + The public authorities of the cities or States, or both, in which + the encampments have been held have, I believe, usually appropriated + liberally to make the occasions worthy and the entertainment hospitable. + The parade of the survivors of our great armies upon Pennsylvania avenue + will bring vividly back to us those joyful and momentous days when the + great victorious armies of the East and of the West marched through the + streets of Washington in high parade and were received by our citizens + with joyful acclaim. It seems to me that it will be highly appropriate + for Congress suitably to aid in making this demonstration impressive and + in extending to those soldiers whose lives a beneficent Providence has + prolonged an opportunity to see in the security and peace, development + and prosperity, which now so happily pervade the national capital the + fruits of their sacrifice and valor. +</p> +<p class="r"> + BENJ. HARRISON. +</p> +<p> </p><p> </p> + + +<p class="r"> + EXECUTIVE MANSION, <i>April 1, 1892</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + In compliance with a resolution of the 30th ultimo, the House of + Representatives concurring, I return herewith the bill (S. 1057) + entitled "An act to punish the unlawful appropriation of the use of + the property of another in the District of Columbia." +</p> +<p class="r"> + BENJ. HARRISON. +</p> +<p> </p><p> </p> + + +<p class="r"> + EXECUTIVE MANSION, <i>Washington, April 1, 1892</i>. +</p> +<p> + <i>To the Senate</i>: +</p> +<p> + I herewith transmit, in answer to the resolutions of the Senate of the + 16th and 21st ultimo, a report from the Acting Secretary of State, with + accompanying statistics, showing the duties imposed by the Governments + of Venezuela and Colombia upon products of the United States imported + into these countries. +</p> +<p class="r"> + BENJ. HARRISON. +</p> +<p> </p><p> </p> + + +<p class="r"> + EXECUTIVE MANSION, <i>Washington, April 4, 1892</i>. +</p> +<p> + <i>To the Senate</i>: +</p> +<p> + I transmit, in reply to the resolution of the Senate passed in executive + session on March 14, 1892, a report from the Secretary of State, with + accompanying documents, in relation to the correspondence relating to + the nonacceptance of Hon. Henry W. Blair as minister of the United + States to the Government of China. +</p> +<p class="r"> + BENJ. HARRISON. +</p> +<p> </p><p> </p> + + +<p class="r"> + EXECUTIVE MANSION, <i>April 12, 1892</i>. +</p> +<p> + <i>To the Senate</i>: +</p> +<p> + I transmit, in reply to the resolution of the Senate under date + of December 15, 1891, a report from the Secretary of State, with + accompanying documents, in relation to the correspondence had with + regard to the impressment into its service and punishment by the + Government of Italy of Nicolino Mileo, a naturalized citizen of the + United States. +</p> +<p class="r"> + BENJ. HARRISON. +</p> +<p> </p><p> </p> + + +<p class="r"> + EXECUTIVE MANSION, <i>April 14, 1892</i>. +</p> +<p> + <i>To the Senate</i>: +</p> +<p> + I herewith transmit, in response to the resolution passed in the Senate + on the 10th of March, 1892, a report of the Secretary of State and the + accompanying correspondence, had in relation to the claim of the + Venezuela Steam Transportation Company for the said company's relief. +</p> +<p class="r"> + BENJ. HARRISON. +</p> +<p> </p><p> </p> + + +<p class="r"> + EXECUTIVE MANSION, <i>April 26, 1892</i>. +</p> +<p> + <i>To the Senate</i>: +</p> +<p> + I have received the resolution of the Senate of April 23, requesting + that, if not incompatible with the public interest, I inform the Senate + what steps have been taken toward the securing of an international + conference to consider the question of the free coinage of silver at + the mints of the nations participating in such conference, or as to the + enlarged use of silver in the currency system of said countries, and + that I transmit to the Senate any correspondence between the United + States and other governments upon the subject, and in response thereto + beg respectfully to inform the Senate that in my opinion it would not + be compatible with the public interest to lay before the Senate at this + time the information requested, but that at the earliest moment after + definite information can properly be given all the facts and any + correspondence that may take place will be submitted to Congress. +</p> +<p> + It may not be inappropriate, however, to say here that, believing that + the full use of silver as a coined metal upon an agreed ratio by the + great commercial nations of the world would very highly promote the + prosperity of all their people, I have not and will not let any + favorable opportunity pass for the promotion of that most desirable + result, or, if free international silver coinage is not presently + attainable, then to secure the largest practicable use of that metal. +</p> +<p class="r"> + BENJ. HARRISON. +</p> +<p> </p><p> </p> + + +<p class="r"> + EXECUTIVE MANSION, <i>May 11, 1892</i>. +</p> +<p> + <i>To the House of Representatives</i>: +</p> +<p> + In compliance with the resolution of the House of Representatives, the + Senate concurring, I return herewith the bill (H.R. 3927) entitled + "An act to amend 'An act to provide for the performance of the duties + of the office of President in case of the removal, death, resignation, + or inability both of the President and Vice-President,' approved + January 19, 1886." +</p> +<p class="r"> + BENJ. HARRISON. +</p> +<p> </p><p> </p> + + +<p class="r"> + EXECUTIVE MANSION, <i>May 11, 1892</i>. +</p> +<p> + <i>To the Senate and House of Representatives</i>: +</p> +<p> + I transmit herewith the seventh annual report of the Commissioner of + Labor, which report relates to the cost of producing textiles and glass + in the United States and in Europe. It also comprehends the wages and + the cost of living of persons employed in the textile and glass + industries. +</p> +<p class="r"> + BENJ. HARRISON. +</p> +<p> </p><p> </p> + + +<p class="r"> + EXECUTIVE MANSION, <i>May 25, 1892</i>. +</p> +<p> + <i>To the Senate and House of Representatives</i>: +</p> +<p> + I transmit herewith a communication of the Secretary of War, dated May + 24, from which and from the accompanying papers it appears that the late + General George W. Cullum, of the United States Army, has by will devised + $250,000 to the Government of the United States for the erection of a + memorial hall upon the grounds of the Military Academy at West Point, to + be used as a "receptacle of statues, busts, mural tablets, and portraits + of distinguished deceased officers and graduates of the Military + Academy, of paintings of battle scenes, trophies of war, and such other + objects as may tend to give elevation to the military profession." +</p> +<p> + This ample and patriotic gift is hampered by no conditions and involves + no appropriation beyond the sum so generously donated. +</p> +<p> + The executors in order to facilitate action have prepared, and the same + is herewith submitted, the outline of a bill to carry into effect the + provisions of General Cullum's will. +</p> +<p> + There can be no occasion to urge upon Congress the immediate enactment + of a suitable law to carry into effect the patriotic purpose expressed + in the will. +</p> +<p> + I suggest that in the bill itself, or by a separate joint resolution, + suitable expression be given of the public appreciation of this crowning + service to the military profession and to his country rendered by + General Cullum. +</p> +<p class="r"> + BENJ. HARRISON. +</p> +<p> </p><p> </p> + + +<p class="r"> + EXECUTIVE MANSION, <i>May 25, 1892</i>. +</p> +<p> + <i>To the Senate and House of Representatives</i>: +</p> +<p> + In accordance with the provisions of section 4119 of the Revised + Statutes of the United States, I lay before you for revision a copy of + the regulations for the consular courts of the United States in Korea, + as decreed by the minister of this Government at Seoul March 31, 1892. I + also transmit an accompanying report by the Acting Secretary of State. +</p> +<p class="r"> + BENJ. HARRISON. +</p> +<p> </p><p> </p> + + +<p class="r"> + EXECUTIVE MANSION, <i>June 20, 1892</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + The following resolution was passed by the Senate on the 24th day of + February last: +</p><p class="q"> + <i>Resolved</i>, That the President be requested, if in his opinion not + incompatible with the public interests, to inform the Senate of the + proceedings recently had with the representatives of the Dominion of + Canada and of the British Government as to arrangements for reciprocal + trade between Canada and the United States. +</p> +<p> + In response thereto I now submit the following information: +</p> +<p> + On the 15th day of April last the Secretary of State submitted to me a + report, which is herewith transmitted. Shortly after the report came + into my possession I was advised by the Secretary that the British + minister at this capital had informed him that the Canadian government + desired a further conference on the subject of the discriminating canal + tolls of which this country had complained. This information was + accompanied by the suggestion that a response to the resolution of the + Senate might properly be delayed until this further conference was held. +</p> +<p> + On the 3d instant the British minister, in connection with Hon. + MacKenzie Bowell and Hon. George E. Foster, members of the Canadian + ministry, were received by the Secretary of State and a further + conference took place. In both of the conferences referred to Hon. John + W. Foster, at the request of the Secretary of State, appeared with him + on behalf of this Government; and the report of the latter conference + was submitted to me on the 6th instant by Mr. Foster, and is herewith + transmitted. The result of the conference as to the practicability of + arranging a reciprocity treaty with the Dominion of Canada is clearly + stated in the letter of Mr. Blaine, and was anticipated, I think, by him + and by every other thoughtful American who had considered the subject. + A reciprocity treaty limited to the exchange of natural products would + have been such only in form. The benefits of such a treaty would have + inured almost wholly to Canada. Previous experiments on this line had + been unsatisfactory to this Government. A treaty that should be + reciprocal in fact and of mutual advantages must necessarily have + embraced an important list of manufactured articles and have secured to + the United States a free or favored introduction of these articles into + Canada as against the world; but it was not believed that the Canadian + ministry was ready to propose or assent to such an arrangement. The + conclusion of the Canadian commissioners is stated in the report of + Mr. Blaine as follows: +</p><p class="q"> + In the second place, it seemed to be impossible for the Canadian + government, in view of its present political relations and obligations, + to extend to American goods a preferential treatment over those of + other countries. As Canada was a part of the British Empire, they did + not consider it competent for the Dominion government to enter into + any commercial arrangement with the United States from the benefits of + which Great Britain and its colonies should be excluded. +</p> +<p> + It is not for this Government to argue against this announcement of + Canadian official opinion. It must be accepted, however, I think, as + the statement of a condition which places an insuperable barrier in + the way of the attainment of that large and beneficial intercourse and + reciprocal trade which might otherwise be developed between the United + States and the Dominion. +</p> +<p> + It will be noticed that Mr. Blaine reports as one of the results of the + conference "an informal engagement to repeal and abandon the drawback + of 18 cents a ton given to wheat (grain) that is carried through to + Montreal and shipped therefrom to Europe. By the American railways + running from Ogdensburg and Oswego and other American ports the shippers + paid the full 20 cents a ton, while in effect those by the way of + Montreal pay only 2 cents. It was understood that the Canadian + commissioners, who were all three members of the cabinet, would see to + the withdrawal of this discrimination." +</p> +<p> + From the report of the recent conference by Mr. Foster it will be + seen that the Canadian commissioners declare that this statement does + not conform to their understanding, and that the only assurance they + had intended to give was that the complaint of the Government of the + United States should be taken into consideration by the Canadian + ministry on their return to Ottawa. Mr. Foster, who was present at the + first conference, confirms the statements of Mr. Blaine. While this + misunderstanding is unfortunate, the more serious phase of the situation + is that instead of rescinding the discriminating canal tolls of which + this Government complains the Canadian ministry, after the return of + the commissioners from their visit to Washington, on April 4, reissued, + without any communication with this Government, the order continuing + the discrimination, by which a rebate of 18 cents a ton is allowed upon + grain going to Montreal, but not to American ports, and refusing this + rebate even to grain going to Montreal if transshipped at an American + port. +</p> +<p> + The report of Mr. Partridge, the Solicitor of the Department of State, + which accompanies the letter of the Secretary of State, states these + discriminations very clearly. That these orders as to canal tolls and + rebates are in direct violation of Article XXVII of the treaty of + 1871 seems to be clear. It is wholly evasive to say that there is no + discrimination between Canadian and American vessels; that the rebate + is allowed to both without favor upon grain carried through to Montreal + or transshipped at a Canadian port to Montreal. The treaty runs: +</p><p class="q"> + To secure to the citizens of the United States the use of the Welland, + St. Lawrence, and other canals in the Dominion on terms of equality + with the inhabitants of the Dominion. +</p> +<p> + It was intended to give to consumers in the United States, to our people + engaged in railroad transportation, and to those exporting from our + ports equal terms in passing their merchandise through these canals. + This absolute equality of treatment was the consideration for + concessions on the part of this Government made in the same article of + the treaty, and which have been faithfully kept. +</p> +<p> + It is a matter of regret that the Canadian government has not responded + promptly to our request for the removal of these discriminating tolls. +</p> +<p> + The papers submitted show how serious the loss inflicted is upon our + lake vessels and upon some of our lake ports. In view of the fact that + the Canadian commissioners still contest with us the claim that these + tolls are discriminating and insist that they constitute no violation + of the letter or spirit of Article XXVII of the treaty, it would seem + appropriate that Congress, if the view held by the Executive is + approved, should with deliberation and yet with promptness take such + steps as may be necessary to secure the just rights of our citizens. +</p> +<p> + In view of the delays which have already taken place in transmitting + this correspondence to Congress, I have not felt justified in awaiting + the further communication from the government of Canada which was + suggested in the recent conference. +</p> +<p> + Should any proposition relating to this matter be received it will + be immediately submitted for the consideration of the Senate, and if + forwarded within the time suggested will undoubtedly anticipate any + final action by Congress. +</p> +<p class="r"> + BENJ. HARRISON. +</p> +<p> </p><p> </p> + + +<p class="r"> + EXECUTIVE MANSION, <i>June 20, 1802</i>. +</p> +<p> + <i>To the Senate</i>: +</p> +<p> + In response to the resolution of the Senate dated March 14, 1892, + requesting that certain specified correspondence in regard to the claim + of Antonio Maximo Mora against the Government of Spain be communicated + to it; if not incompatible with the public interests, I transmit + herewith the report of the Acting Secretary of State on the matter. +</p> +<p class="r"> + BENJ. HARRISON. +</p> +<p> </p><p> </p> + + +<p class="r"> + EXECUTIVE MANSION, <i>June 27, 1892</i>. +</p> +<p> + <i>To the Senate</i>: +</p> +<p> + In response to the resolution of the Senate dated April 6, 1892, + directing the Secretary of State to send to the Senate, if not + incompatible with the public interests, copies of all commercial + agreements made with other countries, and also to report what steps have + been taken to negotiate a reciprocal commercial treaty with Mexico, + I submit herewith the reply of the Acting Secretary of State to that + resolution. +</p> +<p class="r"> + BENJ. HARRISON. +</p> +<p> </p><p> </p> + + +<p class="r"> + EXECUTIVE MANSION, <i>July 1, 1892</i>. +</p> +<p> + <i>To the Senate</i>: +</p> +<p> + For the information of the Senate and in further response to the + resolution of the Senate of February 24 last, I transmit herewith + a communication of the 24th ultimo from Mr. Herbert, the acting + representative of the British Government at this capital, addressed to + Mr. Wharton, Acting Secretary of State, upon the subject of Canadian + canal tolls; also a memorandum prepared and submitted to me by Mr. Adee, + Second Assistant Secretary of State, reviewing the communication of Mr. + Herbert, and a letter of the 28th ultimo from Mr. John W. Foster, who, + as I have previously stated, with Mr. Blaine represented this Government + in the conferences with the Canadian commissioners. +</p> +<p> + The position taken by this Government, as expressed in my previous + communication to the Senate, that the canal tolls and regulations of + which complaint has been made are in violation of our treaty with Great + Britain, is not shaken, but rather confirmed. +</p> +<p> + There can be no doubt that a serious discrimination against our + citizens and our commerce exists, and quite as little doubt that this + discrimination is not the incident but the purpose of the Canadian + regulation. +</p> +<p> + It has not seemed to me that this was a case in which we could yield to + the suggestion of further concessions on the part of the United States + with a view to securing treaty rights for which a consideration has + already been given. +</p> +<p class="r"> + BENJ. HARRISON. +</p> +<p> </p><p> </p> + + +<p class="r"> + EXECUTIVE MANSION, <i>July 21, 1892</i>. +</p> +<p> + <i>To the Senate and House of Representatives</i>: +</p> +<p> + I herewith transmit, for the information of Congress, a communication + from the Secretary of State, forwarding certain bulletins of the + American Republics. +</p> +<p class="r"> + BENJ. HARRISON. +</p> +<p> </p><p> </p> + + +<p class="r"> + EXECUTIVE MANSION, <i>Washington, July 23, 1892</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I transmit, in reply to the resolution of the Senate passed in + executive session on the 21st instant and addressed to the Secretary of + State, a report of that officer, with accompanying documents, in further + relation to the nonacceptance of the Hon. Henry W. Blair as minister of + the United States to the Government of China, which question was the + occasion of my recent message to the Senate of the 4th of April + last.<a href="#note-26"><small>26</small></a> +</p> +<p class="r"> + BENJ. HARRISON. +</p> +<p> </p><p> </p> + + +<p class="r"> + EXECUTIVE MANSION, <i>July 25, 1892</i>. +</p> +<p> + <i>To the Senate</i>: +</p> +<p> + I herewith transmit, in reply to the resolution of the Senate of June 6, + 1892, a report from the Secretary of State, with its accompanying + papers, in relation to guano deposits on Areas Cays or Islands. +</p> +<p class="r"> + BENJ. HARRISON. +</p> +<p> </p><p> </p> + + +<p class="r"> + WASHINGTON, D.C., <i>July 27, 1892</i>. +</p> +<p> + <i>To the Senate and House of Representatives</i>: +</p> +<p> + I transmit herewith, with its accompaniments, a report from the + Secretary of the Navy of the Results of the survey made pursuant to + the act of March 2, 1891, "to enable the President to cause careful + soundings to be made between San Francisco, Cal., and Honolulu, in the + Kingdom of the Hawaiian Islands, for the purpose of determining the + practicability of the laying of a telegraphic cable between those + points." +</p> +<p class="r"> + BENJ. HARRISON. +</p> + +<div style="height: 4em;"><br><br><br><br></div> + +<h2> + VETO MESSAGES. +</h2> +<p class="r"> + EXECUTIVE MANSION, <i>July 19, 1892</i>. +</p> +<p> + <i>To the Senate</i>: +</p> +<p> + I return herewith without my approval the bill (S. 2729) entitled + "An act to amend an act entitled 'An act to establish circuit courts of + appeals, and to define and regulate in certain cases the jurisdiction + of the courts of the United States, and for other purposes.'" +</p> +<p> + The original act to which this amendment is proposed, constituting an + intermediate court of appeals, had for its object the relief of the + Supreme Court by limiting the cases which might be brought up for + hearing in that court. The first section of the bill under consideration + allows appeals in criminal cases where the sentence imposes no + imprisonment and the fine is as much as $1,000. The effect of this + provision will be to bring to the Supreme Court many cases that in my + opinion should be finally determined in the intermediate appellate + court, and so in part to defeat the general purpose of Congress in + constituting the intermediate court. But this objection would not alone + have sufficient weight in my mind to induce me to return the bill. + Section 3 of the bill is as follows: +</p><p class="q"> + That no appeal shall hereafter be allowed from judgments of the Court + of Claims in cases under the act of March 3, 1891, entitled "An act to + provide for the adjudication and payment of claims arising from Indian + depredations," except where the adjudication involves the construction + or application of the Constitution or the validity or construction of + a treaty or the constitutionality of a law of the United States: + <i>Provided, however</i>, That upon such appeal it shall be competent for + the Supreme Court to require, by certiorari or otherwise, the whole + case to be certified for its review and determination upon the facts + as well as the law. +</p> +<p> + I am advised by the Attorney-General that under the Indian-depredations + act 8,000 cases, involving an aggregate of damages claimed of about + $30,000,000, have already been filed. A number of these cases involve as + much as $100,000 each, while a few involve as much as $500,000 each and + one something over $1,000,000. The damages which may be awarded in these + cases by the Court of Claims are to be paid out of the trust funds of + the Indians held by the United States, or, if there are no such funds, + out of the Treasury of the United States. The law referring these cases + to the Court of Claims has had no judicial interpretation, and many + novel and difficult questions are likely to arise. It is quite a + startling proposition, and a very novel one, I think, that there shall + be absolutely no opportunity for the review in an appellate court, + in cases involving such large amounts, of questions involving the + construction of the statute under which the court is proceeding, or + those various questions of law, many of them new, which necessarily + arise in such cases. +</p> +<p> + Neither the claimants, the Indians, nor the Government of the United + States should be absolutely denied opportunity to bring their exceptions + to review by some appellate tribunal. I would not suggest that an appeal + should be allowed in all cases. Some limitation as to amount would be + reasonable, and perhaps some discretion might be lodged in the Supreme + Court as to granting appeals. The limitations, however, imposed by the + section I have quoted are so severe and unreasonable, in my judgment, + that I have felt compelled to return the bill to the Senate with a view + to its reconsideration. +</p> +<p class="r"> + BENJ. HARRISON. +</p> +<p> </p><p> </p> + + +<p class="r"> + EXECUTIVE MANSION, <i>July 29, 1892</i>. +</p> +<p> + <i>To the Senate</i>: +</p> +<p> + I return herewith without my approval the bill (S. 1958) entitled "An + act to submit to the Court of Private Land Claims, established by an act + of Congress approved March 3, 1891, the title of William McGarrahan to + the Rancho Panoche Grande, in the State of California, and for other + purposes." +</p> +<p> + This bill came to me on the 20th instant, at a time when very many other + bills were submitted for my consideration, and it has not been possible + for me to make such an examination of the history of Mr. McGarrahan's + claim as would be necessary to form an intelligent judgment as to its + merits and just extent. It is quite possible that he has been wronged + and that he has a claim for some reparation from the Government. I can + not, however, think that this bill proceeds upon a just basis. It + provides that Mr. McGarrahan shall file his claim as the assignee of + Gomez in the Court of Private Land Claims for the lands described in the + title, and that if the court establishes the grant to Gomez it shall be + confirmed to McGarrahan. No evidence that he is the assignee of Gomez + is, I think, required by the bill, which assumes that fact instead of + submitting it to the court. If the claim is established, it is provided + in substance that all lands part of said grant which have been conveyed + by the Government or are in the occupancy of actual settlers, or "upon + which there are any smelting or reduction works, or the lands claimed + in connection with such reduction or smelting works," shall be excepted + from the patent which the Secretary of the Interior is directed to issue + to McGarrahan. By this provision the title of the New Idria Mining + Company, which has long contested with McGarrahan the title to a large + part of this property, is established and that company is relieved from + any responsibility to account for the profits made in mining. On the + other hand, the United States waives all benefit of judicial proceedings + which have resulted in its favor and gives Mr. McGarrahan an opportunity + <i>de novo</i> to try all such questions; and the decision, if in his favor, + is not only to restore to him all the lands yet undisposed of, but the + United States assumes to pay him the value of the lands appropriated by + others and of their use for all these years and to account to him for + all profits that have been made by the New Idria Mining Company or + anyone else in quicksilver or other mining. +</p> +<p> + This seems to me to be wholly inadmissible. The amount involved must be + enormously large, though at present incapable of any accurate estimate. + If the title of the New Idria Company has been established by final + decrees of court placing that title beyond question and that company + beyond any call to respond for use and profits, why should the + Government of the United States, waiving in its behalf these decrees, + which would protect it also, assume a responsibility to account for the + value of the lands and for their use and for the net value of minerals + extracted by that company or others? It will be noticed in the quotation + I have made from the act that this company is allowed to take all the + land it may claim, but at the expense of the United States, not of + Mr. McGarrahan. +</p> +<p> + The bill is so framed as to give full protection to the New Idria Mining + Company to the full extent of its largest claim, while throwing upon the + United States a responsibility which that company should bear if the + title of Mr. McGarrahan is established. +</p> +<p> + The United States provided a proper tribunal for the trial of claims + founded upon Mexican grants. This claim was there tried, and if fraud + affected the judgment it is not, I think, chargeable to the Government; + the contest was chiefly between rival claimants. In this state of the + case it would seem that if the United States consents to open the + litigation and to wipe out all judicial findings and decrees a less + exacting measure of damages than that proposed in the bill should be + agreed on. +</p> +<p> + It is not my purpose, as I have intimated, to express the opinion that + Mr. McGarrahan is entitled to no relief. It seems to me, however, clear + that he is not entitled to the relief given by this bill, and that it + does not adequately protect the interests of the United States. +</p> +<p class="r"> + BENJ. HARRISON. +</p> +<p> </p><p> </p> + + +<p class="r"> + EXECUTIVE MANSION, <i>August 3, 1892</i>. +</p> +<p> + <i>To the Senate</i>: +</p> +<p> + I return herewith without my approval the bill (S. 1111) entitled "An + act to amend the act of Congress approved March 3, 1887, entitled 'An + act to provide for the bringing of suits against the Government of the + United States.'" +</p> +<p> + If I may judge from the very limited discussion of this measure in + Congress, the sweeping effects of it upon the administration of the + public lands could hardly have been fully realized. From the beginning + of the Government the administration of the public lands and the issuing + of patents under the land laws have been an Executive function. +</p> +<p> + The jurisdiction of the courts as to contesting claims for patents has + awaited the action of the General Land Office. Land offices have been + established and maintained in all the districts where public lands were + found, located with reference to the convenience of the settlers, and + the proceedings have been informal and inexpensive. It is true that at + times, by an administration of the Land Office unfriendly toward the + settlers, unnecessary delays involving much hardship have intervened in + the issuing of patents, but such is not the case now. The work of the + Land Office within the last three years has been so efficient and so + friendly to the <i>bona fide</i> settler that the large accumulation of cases + there has been swept away, and the office, as I am informed by the + Secretary of the Interior, is now engaged upon current business. +</p> +<p> + It seems to me that a transfer in whole or in part of this business to + the courts, some of whose dockets are already loaded with cases, can not + tend to expedition, while it is very manifest that, by reason of the + greater formality in the taking and presentation of evidence which would + be required in court and of the long distances which settlers would have + to traverse in order to attend court, the costs in such cases would be + enormously increased. +</p> +<p> + It is proposed by this bill to give what is called concurrent + jurisdiction to the district courts of the United States and to the + Court of Claims to hear and determine all claims for land patents under + any law or grant of the United States. Whether concurrent with each + other or with each other and the Land Office is not clear. +</p> +<p> + It is quite doubtful under the rulings of the Supreme Court whether the + courts now provided by law for the Territories are "district courts of + the United States" within the meaning of this bill. The effect of this + legislation would, if they were held not to be such, be that as to all + suits relating to lands in the Territories of New Mexico, Arizona, Utah, + and Oklahoma no other forum is provided than the Court of Claims at + Washington. In this state of the case a settler, or one who has taken + a mineral claim in any of these Territories, would be subject to be + brought to the city of Washington for the trial of his case. +</p> +<p> + In view of the fact that all recent legislation of Congress has been + in the direction of subdividing judicial districts and of bringing the + United States courts nearer to the litigants, I can only attribute to + oversight the passage of this bill, which in my opinion would burden the + homesteader and preemptor whose claim is contested, whether by another + individual or by any corporation, by compelling him to appear at + Washington and to conduct with the formality and expense incident to + court proceedings the defense of his title. But even in the case of + land contests arising in the States where district courts exist the + plaintiff, it will be observed, by this act is given the option to sue + in those courts or to bring his adversary to Washington to litigate + the claim. Why should he have this advantage, one that is not given so + far as I know in any other law fixing the forum of litigation between + individuals? Not only is this true, but the Court of Claims was + established for the trial of cases between individuals and corporations + on the one side and the United States on the other, and so far as I now + recall wholly for the trial of money claims. +</p> +<p> + There are no adequate provisions of law, if any at all, for conducting + suits between individuals contesting private rights. The court has one + bailiff and one messenger, no marshal, and is not provided, I think, + either with the machinery or with the appropriation to send its + processes to the most distant parts of the country. Yet it is apparent + that under this bill the real issue would frequently be between rival + claimants, and not between either and the United States. This court, + too, is already burdened with business since the reference to it of the + Indian depredation claims, the French spoliation claims, etc., and it + certainly can not be thought that a more speedy settlement of land + claims could be there obtained than is now given. +</p> +<p> + Again, the bill is so indefinite in its provisions that it can not be + told, I think, what function, if any, remains to be discharged by the + General Land Office. It was said in answer to an interrogatory when the + bill was under consideration that it did not affect claims pending in + the Land Office; and yet it seems to me that its effect is to allow any + contestant in the Land Office at any stage of the proceedings there to + transfer the whole controversy to the courts. He may take his chances of + success in the Land Office, and if at any time he becomes apprehensive + of an adverse decision he may begin <i>de novo</i> in the courts. +</p> +<p> + If it was intended to preserve the jurisdiction of the Land Office and + to hold cases there until a judgment had been reached, the bill should + have so provided, for it is capable of, and indeed seems to me compels, + the construction that either party may forsake the Land Office at any + stage of a contest. I am quite inclined to believe that if provision + were made, as in section 1063 of the Revised Statutes, relating to + claims in other departments, for the transfer to a proper court, under + proper regulations, of certain contest cases involving questions + affecting large classes of claims, it would be a relief to the Land + Office and would tend to a more speedy adjustment of land titles in such + cases, a result which would be in the interest of all our people. +</p> +<p> + Nothing is more disadvantageous to a community, its progress and peace, + than unsettled land titles. This bill, however, as I have said, is so + radical and seems to me to be so indefinite in its provisions that + I can not give it my approval. +</p> +<p class="r"> + BENJ. HARRISON. +</p> + +<div style="height: 4em;"><br><br><br><br></div> + +<h2> + PROCLAMATIONS. +</h2> +<h3> + BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. +</h3> +<h4> + A PROCLAMATION. +</h4> +<p> + Whereas, pursuant to section 3 of the act of Congress approved October + 1, 1890, entitled "An act to reduce the revenue and equalize duties on + imports, and for other purposes," the Secretary of State of the United + States of America communicated to the Government of Salvador the action + of the Congress of the United States of America, with a view to secure + reciprocal trade, in declaring the articles enumerated in said section 3 + to be exempt from duty upon their importation into the United States of + America; and +</p> +<p> + Whereas the envoy extraordinary and minister plenipotentiary of Salvador + at Washington has communicated to the Secretary of State the fact that, + in reciprocity for the admission into the United States of America free + of all duty of the articles enumerated in section 3 of said act, the + Government of Salvador will by due legal enactment, as a provisional + measure and until a more complete arrangement may be negotiated and put + in operation, admit free of all duty, from and after February 1, 1892, + into all the established ports of entry of Salvador the articles or + merchandise named in the following schedule, provided that the same be + the product or manufacture of the United States: +</p> +<p class="q" style="text-align: center;"> + SCHEDULE OF PRODUCTS AND MANUFACTURES WHICH THE REPUBLIC OF SALVADOR + WILL ADMIT FREE OF ALL CUSTOMS, MUNICIPAL, AND ANY OTHER KIND OF DUTY. +</p> +<p class="q"><br> + 1. Animals for breeding purposes.<br> + 2. Corn, rice, barley, and rye.<br> + 3. Beans.<br> + 4. Hay and straw for forage.<br> + 5. Fruits, fresh.<br> + 6. Preparations of flour in biscuits, crackers not sweetened, + macaroni, vermicelli, and tallarin.<br> + 7. Coal, mineral.<br> + 8. Roman cement.<br> + 9. Hydraulic lime.<br> + 10. Bricks, fire bricks, and crucibles for melting.<br> + 11. Marble, dressed, for furniture, statues, fountains, gravestones, + and building purposes.<br> + 12. Tar, vegetable and mineral.<br> + 13. Guano and other fertilizers, natural or artificial.<br> + 14. Plows and all other agricultural tools and implements.<br> + 15. Machinery of all kinds, including sewing machines, and separate or + extra parts for the same.<br> + 16. Materials of all kinds for the construction and equipment of railroads.<br> + 17. Materials of all kinds for the construction and operation of + telegraphic and telephonic lines.<br> + 18. Materials of all kinds for lighting by electricity and gas.<br> + 19. Materials of all kinds for the construction of wharves.<br> + 20. Apparatus for distilling liquors.<br> + 21. Wood of all kinds for building, in trunks or pieces, beams, + rafters, planks, boards, shingles, or flooring.<br> + 22. Wooden staves, heads, and hoops, and barrels and boxes for packing, + mounted or in pieces.<br> + 23. Houses of wood or iron, complete or in parts.<br> + 24. Wagons, carts, and carriages of all kinds.<br> + 25. Barrels, casks, and tanks of iron for water.<br> + 26. Tubes of iron and all other accessories necessary for water supply.<br> + 27. Wire, barbed, and staples for fences.<br> + 28. Plates of iron for building purposes.<br> + 29. Mineral ores.<br> + 30. Kettles of iron for making salt.<br> + 31. Kettles of iron for making sugar.<br> + 32. Molds for making sugar.<br> + 33. Guys for mining purposes.<br> + 34. Furnaces and instruments for assaying metals.<br> + 35. Scientific instruments.<br> + 36. Models of machinery and buildings.<br> + 37. Boats, lighters, tackle, anchors, chains, girtlines, sails, and all + other articles for vessels, to be used in the ports, lakes, and + rivers of the Republic.<br> + 38. Printing materials, including presses, type, ink, and all other accessories.<br> + 39. Printed books, pamphlets, and newspapers, bound or unbound, maps, + photographs, printed music, and paper for music.<br> + 40. Paper for printing newspapers.<br> + 41. Quicksilver.<br> + 42. Loadstones.<br> + 43. Hops.<br> + 44. Sulphate of quinine.<br> + 45. Gold and silver in bars, dust, or coin.<br> + 46. Samples of merchandise the duties on which do not exceed $1.<br> +</p> +<p class="q"> + It is understood that the packages or coverings in which the articles + named in the foregoing schedule are imported shall be free of duty if + they are usual and proper for the purpose. +</p> +<p> + And that the Government of Salvador has further stipulated that the laws + and regulations adopted to protect its revenue and prevent fraud in the + declarations and proof that the articles named in the foregoing schedule + are the product or manufacture of the United States of America shall + impose no additional charges on the importer nor undue restrictions on + the articles imported; and +</p> +<p> + Whereas the Secretary of State has, by my direction, given assurance + to the envoy extraordinary and minister plenipotentiary of Salvador at + Washington that this action of the Government of Salvador in granting + freedom of duties to the products and manufactures of the United States + of America on their importation into Salvador and in stipulating for a + more complete reciprocity arrangement is accepted as a due reciprocity + for the action of Congress as set forth in section 3 of said act: +</p> +<p> + Now, therefore, be it known that I, Benjamin Harrison, President of the + United States of America, have caused the above-stated modifications of + the tariff laws of Salvador to be made public for the information of the + citizens of the United States of America. +</p> +<p> + In testimony whereof I have hereunto set my hand and caused the seal of + the United States to be affixed. +</p> +<p> + [SEAL.] +</p> +<p> + Done at the city of Washington, this 31st day of December, 1891, and of + the Independence of the United States of America the one hundred and + sixteenth. +</p> +<p class="r"> + BENJ. HARRISON. +</p> +<p><br> +By the President:<br> + JAMES G. BLAINE,<br> + <i>Secretary of State</i>. +</p> +<p> </p><p> </p> + +<h3> + BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. +</h3> +<h4> + A PROCLAMATION. +</h4> +<p> + Whereas it is provided by section 24 of the act of Congress approved + March 3, 1891, entitled "An act to repeal timber-culture laws, and for + other purposes"— +</p> +<p class="q"> + That the President of the United States may from time to time set apart + and reserve in any State or Territory having public land bearing + forests, in any part of the public lands wholly or in part covered with + timber or, undergrowth, whether of commercial value or not, as public + reservations; and the President shall by public proclamation declare + the establishment of such reservation and the limits thereof. +</p> +<p> + And whereas the public lands in the Territory of New Mexico within the + limits hereinafter described are in part covered with timber, and it + appears that the public good would be promoted by setting apart and + reserving said lands as a public reservation: +</p> +<p> + Now, therefore, I, Benjamin Harrison, President of the United States, + by virtue of the power in me vested by section 24 of the aforesaid act + of Congress, do hereby make known and proclaim that there is hereby + reserved from entry or settlement and set apart as a public reservation + all those certain tracts, pieces, or parcels of land lying and being + situate in the Territory of New Mexico and particularly described as + follows, to wit: +</p> +<p> + Commencing at the standard corner to township seventeen (17) north, + ranges thirteen (13) and fourteen (14) east (New Mexico principal base + and meridian) on the fourth (4th) standard parallel north; thence + northerly along the range line between ranges thirteen (13) and fourteen + (14) east to the closing corner between ranges thirteen (13) and + fourteen (14) east on the fifth (5th) standard parallel north; thence + along said fifth (5th) standard parallel to the southeast corner of + township twenty-one (21) north, range thirteen (13) east; thence north + six (6) miles; thence west twelve (12) miles; thence due south to the + fifth (5th) standard parallel; thence westerly on said fifth (5th) + standard parallel to a point due north of the northwest corner of + township seventeen (17) north, range eleven (11) east; thence south to + the fourth (4th) standard parallel; thence westerly on said fourth (4th) + standard parallel north seven and sixty-two one-hundredths (7.62) chains + to the northwest corner of township sixteen (16) north, range eleven + (11) east; thence southerly on the range line between townships sixteen + (16) north, ranges ten (10) and eleven (11) east, three (3) miles and + three and forty-three hundredths (3.43) chains to the corner to sections + thirteen (13), eighteen (18), nineteen (19), and twenty-four (24) on + said range line; thence easterly along the section lines to the range + line between ranges eleven (11) and twelve (12) east; thence northerly + three (3) miles and three (3) chains to the fourth (4th) standard + parallel north; thence easterly on said fourth (4th) standard parallel + eight (8) and fifty-hundredths (8.50) chains to the standard corner to + township seventeen (17) north, ranges eleven (11) and twelve (12) east; + thence northerly on the range line to the southwest corner of township + eighteen (18) north, range twelve (12) east; thence easterly on the + township line six (6) miles one and six-hundredths (1.06) chains to the + southeast corner of township eighteen (18) north, range twelve (12) + east; thence south six (6) miles to the fourth (4th) standard parallel + north; thence east along said fourth (4th) standard parallel to the + place of beginning. +</p> +<p> + Excepting from the force and effect of this proclamation all land which + may have been prior to the date hereof embraced in any valid Spanish or + Mexican grant or in any legal entry or covered by any lawful filing duly + made in the proper United States land office, and all mining claims duly + located and held according to the laws of the United States and rules + and regulations not in conflict therewith. +</p> +<p> + <i>Provided</i>, That this exception shall not continue to apply to any + particular tract of land unless the entry man or claimant continues to + comply with the law under which the entry, filing, or location was made. +</p> +<p> + Warning is hereby expressly given to all persons not to enter or make + settlement upon the tract of land reserved by this proclamation. +</p> +<p> + In witness whereof I have hereunto set my hand and caused the seal of + the United States to be affixed. +</p> +<p> + [SEAL.] +</p> +<p> + Done at the city of Washington, this 11th day of January, A.D. 1892, and + of the Independence of the United States the one hundred and sixteenth. +</p> +<p class="r"> + BENJ. HARRISON. +</p> +<p><br> +By the President:<br> + JAMES G. BLAINE,<br> + <i>Secretary of State</i>. +</p> +<p> </p><p> </p> + +<h3> + BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. +</h3> +<h4> + A PROCLAMATION. +</h4> +<p> + Whereas, pursuant to section 3 of the act of Congress approved October + 1, 1890, entitled "An act to reduce the revenue and equalize duties on + imports, and for other purposes," the attention of the Government of + Great Britain was called to the action of the Congress of the United + States of America, with a view to secure reciprocal trade, in declaring + the articles enumerated in said section 3 to be exempt from duty upon + their importation into the United States of America; and +</p> +<p> + Whereas the envoy extraordinary and minister plenipotentiary of Great + Britain at Washington has communicated to the Secretary of State the + fact that, in view of the act of Congress above cited, the Government + of Great Britain has by due legal enactment authorized the admission, + from and after February 1, 1892, of the articles in merchandise named + in the following schedules, on the terms stated therein, into the + British colonies of Trinidad (which includes Tobago), Barbados, the + Leeward Islands (consisting of the islands of Antigua, Montserrat, St. + Christopher, Nevis, Dominica, with their respective dependencies, and + the Virgin Islands), the Windward Islands (consisting of St. Lucia, + St. Vincent, and their dependencies, but exclusive of Grenada and its + dependencies), and into the colony of British Guiana on and after + April 1, 1892: +</p> +<p class="q"> + Table No. 1.—Applicable to British Guiana, Trinidad and Tobago, + Barbados, the Leeward Islands, and the Windward Islands Excepting + the Island of Grenada. +</p> +<p class="q" style="text-align: center;"> + SCHEDULE A. +</p> +<p class="q"> + Articles to be admitted free of all customs duty and any other national, + colonial, or municipal charges: +</p> +<p class="q"><br> + 1. Animals, alive, to include only asses, sheep, goats, hogs, and + poultry, and horses for breeding. +<br> + 2. Beef, including tongues, smoked and dried. +<br> + 3. Beef and pork preserved in cans. +<br> + 4. Belting for machinery, of leather, canvas, or india rubber. +<br> + 5. Boats and lighters. +<br> + 6. Books,<a href="#note-27"><small>27</small></a> bound or unbound, pamphlets, newspapers, and printed + matter in all languages. +<br> + 7. Bones and horns. +<br> + 8. Bottles of glass or stone ware. +<br> + 9. Bran, middlings, and shorts. +<br> + 10. Bridges of iron or wood, or of both combined, +<br> + 11. Brooms, brushes, and whisks of broom straw. +<br> + 12. Candles, tallow. +<br> + 13. Carts, wagons, cars, and barrows, with or without springs, for + ordinary roads and agricultural use, not including vehicles of + pleasure. +<br> + 14. Clocks, mantel or wall. +<br> + 15. Copper, bronze, zinc, and lead articles, plain and nickel plated, + for industrial and domestic uses and for building. +<br> + 16. Cotton seed and its products. +<br> + 17. Crucibles and melting pots of all kinds. +<br> + 18. Eggs. +<br> + 19. Fertilizers of all kinds, natural and artificial. +<br> + 20. Fish, fresh or on ice, and salmon and oysters in cans. +<br> + 21. Fishing apparatus of all kinds. +<br> + 22. Fruits and vegetables, fresh and dried, when not canned, tinned, + or bottled. +<br> + 23. Gas fixtures and pipes. +<br> + 24. Gold and silver coin of the United States, and bullion. +<br> + 25. Hay and straw for forage. +<br> + 26. Houses of wood, complete. +<br> + 27. Ice. +<br> + 28. India-rubber and gutta-percha goods, including waterproof clothing + made wholly or in part thereof. +<br> + 29. Implements, utensils, and tools for agriculture, exclusive of + cutlasses and forks. +<br> + 30. Lamps and lanterns. +<br> + 31. Lime of all kinds. +<br> + 32. Locomotives, railway rolling stock, rails, railway ties, and all + materials and appliances for railways and tramways. +<br> + 33. Marble or alabaster, in the rough or squared, worked or carved, + for building purposes or monuments. +<br> + 34. Medicinal extracts and preparations of all kinds, including + proprietary or patent medicines, but exclusive of quinine or + preparations of quinine, opium, gange, and bhang. +<br> + 35. Paper of all kinds for printing. +<br> + 36. Paper of wood or straw for wrapping and packing, including surface + coated or glazed. +<br> + 37. Photographic apparatus and chemicals. +<br> + 38. Printers' ink, all colors. +<br> + 39. Printing presses, types, rules, spaces, and all accessories for + printing. +<br> + 40. Quicksilver. +<br> + 41. Resin, tar, pitch, and turpentine. +<br> + 42. Salt. +<br> + 43. Sewing machines and all parts and accessories thereof. +<br> + 44. Shipbuilding materials and accessories of all kinds, when used in + the construction, equipment, or repair of vessels or boats of any + kind, except rope and cordage of all kinds, including wire rope. +<br> + 45. Starch of Indian corn or maize. +<br> + 46. Steam and power engines, and machines, machinery, and apparatus, + whether stationary or portable, worked by power or by hand, for + agriculture, irrigation, mining, the arts and industries of all + kinds, and all necessary parts and appliances for the erection + or repair thereof or the communication of motive power thereto. +<br> + 47. Steam boilers and steam pipes. +<br> + 48. Sulphur. +<br> + 49. Tan bark of all kinds, whole or ground. +<br> + 50. Telegraph wire, telegraphic, telephonic, and electrical apparatus + and appliances of all kinds for communication or illumination. +<br> + 51. Trees, plants, vines, and seeds and grains of all kinds, for + propagation or cultivation. +<br> + 52. Varnish, not containing spirits. +<br> + 53. Wall papers. +<br> + 54. Watches when not cased in gold or silver, and watch movements + uncased. +<br> + 55. Water pipes of all classes, materials, and dimensions. +<br> + 56. Wire for fences, the hooks, staples, nails, and the like + appliances for fastening the same. +<br> + 57. Yeast cake and baking powders. +<br> + 58. Zinc, tin, and lead, in sheets, asbestus, and tar paper, + for roofing. +</p> +<p class="q"> + It is understood that the packages or coverings in which the articles + named in the foregoing schedule are imported shall be free of duty if + they are usual and proper for the purpose. +</p> +<p class="q" style="text-align: center;"> + SCHEDULE B. +</p> +<p class="q"> + Articles to be admitted at 50 per cent reduction of the duty designated + in the respective customs tariff now in force in each of said colonies: +</p> +<p class="q"><br> + 1. Bacon and bacon hams. +<br> + 2. Boots and shoes made wholly or in part of leather. +<br> + 3. Bread and biscuit. +<br> + 4. Cheese. +<br> + 5. Lard and its compounds. +<br> + 6. Mules. +<br> + 7. Oleomargarine. +<br> + 8. Shooks and staves. +</p> +<p class="q" style="text-align: center;"> + SCHEDULE C. +</p> +<p class="q"> + Articles to be admitted at 25 per cent reduction of the duty designated + in the respective customs tariff now in force in each of said colonies: +</p><p class="q"><br> + 1. Beef, salted or pickled. +<br> + 2. Corn or maize. +<br> + 3. Corn meal. +<br> + 4. Flour of wheat. +<br> + 5. Lumber of pitch pine, in rough or prepared for buildings. +<br> + 6. Petroleum and its products, crude or refined. +<br> + 7. Pork, salted or pickled. +<br> + 8. Wheat. +</p> +<p class="q"> + It is understood that No. 4 of this schedule shall not apply to the + colony of Trinidad, but it is stipulated that the duty on flour in + said colony shall not exceed 75 cents per barrel. +</p> +<p> + And that the Government of Great Britain has by due legal enactment + authorized the admission, from and after February 1, 1892, of the + articles or merchandise named in the following schedules, on the terms + stated therein, into the British colony of Jamaica and its dependencies: +</p> +<p class="q"> + Table No. 2.—Applicable to the Colony of Jamaica and its Dependencies. +</p> +<p class="q" style="text-align: center;"> + SCHEDULE A. +</p><p class="q"> + Articles to be admitted free of all customs duty and any other + national, colonial, or municipal charges: +</p><p class="q"><br> + 1. Animals, alive, and poultry. +<br> + 2. Beef, including tongues, smoked and dried. +<br> + 3. Beef and pork preserved in cans. +<br> + 4. Belting for machinery, of leather, canvas, or india rubber. +<br> + 5. Boats and lighters. +<br> + 6. Books,<a href="#note-28"><small>28</small></a> bound or unbound, pamphlets, newspapers, and printed + matter in all languages. +<br> + 7. Bones and horns. +<br> + 8. Bottles of glass or stone ware. +<br> + 9. Bran, middlings, and shorts. +<br> + 10. Bridges of iron or wood, or of both combined. +<br> + 11. Brooms, brushes, and whisks or broom straw. +<br> + 12. Candles, tallow. +<br> + 13. Carts, wagons, cars, and barrows, with or without springs, for + ordinary roads and agricultural use, not including vehicles + of pleasure. +<br> + 14. Coal and coke. +<br> + 15. Clocks, mantel or wall. +<br> + 16. Cotton seed and its products, to include meal, meal cake, oil, + and cottolene. +<br> + 17. Crucibles and melting pots of all kinds. +<br> + 18. Drawings, paintings, engravings, lithographs, and photographs +<br> + 19. Eggs. +<br> + 20. Fertilizers of all kinds, natural and artificial. +<br> + 21. Fish, fresh or on ice, and oysters in cans. +<br> + 22. Fishing apparatus of all kinds. +<br> + 23. Fruits and vegetables, fresh and dried, when not canned, tinned, + or bottled. +<br> + 24. Gas fixtures and pipes. +<br> + 25. Gold and silver coin of the United States, and bullion. +<br> + 26. Hay and straw for forage. +<br> + 27. Houses of wood, complete. +<br> + 28. Ice. +<br> + 29. India-rubber and gutta-percha goods, including waterproof clothing + made wholly or in part thereof. +<br> + 30. Implements, utensils, and tools for agriculture, exclusive of + cutlasses and forks. +<br> + 31. Iron, galvanized. +<br> + 32. Iron for roofing. +<br> + 33. Lamps and lanterns, not exceeding 10 shillings each in value. +<br> + 34. Lime of all kinds. +<br> + 35. Locomotives, railway rolling stock, rails, railway ties, and all + materials and appliances for railways and tramways. +<br> + 36. Marble or alabaster, in the rough or squared, worked or carved, + for building purposes or monuments. +<br> + 37. Paper of all kinds for printing. +<br> + 38. Paper of wood or straw for wrapping and packing, including surface + coated or glazed. +<br> + 39. Photographic apparatus and chemicals. +<br> + 40. Printers' ink, all colors. +<br> + 41. Printing presses, types, rules, spaces, and all accessories for + printing. +<br> + 42. Proprietary or patent medicines, recommended by their proprietors as + calculated to cure disease or alleviate pain in the human subject. +<br> + 43. Quicksilver. +<br> + 44. Resin, tar, pitch, and turpentine. +<br> + 45. Sewing machines and all parts and accessories thereof. +<br> + 46. Shipbuilding materials and accessories of all kinds, when used in + the construction, equipment, or repair of vessels or boats of any + kind, except rope and cordage of all kinds, including wire rope, + and subject to specific regulations to avoid abuse in the + importation. +<br> + 47. Shocks and staves. +<br> + 48. Starch of Indian corn or maize. +<br> + 49. Steam and power engines, and machines, machinery, and apparatus, + whether stationary or portable, worked by power or by hand, for + agriculture, irrigation, mining, the arts and industries of all + kinds, and all necessary parts and appliances for the erection + or repair thereof or the communication of motive power thereto. +<br> + 50. Steam boilers and steam pipes. +<br> + 51. Sugar, refined. +<br> + 52. Sulphur. +<br> + 53. Tallow and animal greases. +<br> + 54. Tan bark of all kinds, whole or ground. +<br> + 55. Telegraph wire, telegraphic, telephonic, and electrical apparatus + and appliances of all kinds for communication or illumination. +<br> + 56. Trees, plants, vines, and seeds and grains of all kinds for + propagation or cultivation. +<br> + 57. Varnish, not containing spirits. +<br> + 58. Wall papers. +<br> + 59. Watches when not cased in gold or silver, and watch movements + uncased. +<br> + 60. Water pipes of all classes, materials, and dimensions. +<br> + 61. Wire for fences, with the hooks, staples, nails, and the like + appliances for fastening the same. +<br> + 62. Yeast cake and baking powders. +<br> + 63. Zinc, tin, and lead, in sheets, asbestus, and tar paper, for + roofing. +</p><p class="q"> + It is understood that the packages or coverings in which the articles + named in the foregoing schedule are imported shall be free of duty if + they are usual and proper for the purpose. +</p> +<p class="q" style="text-align: center;"> + SCHEDULE B. +</p> +<p class="q"> + Articles to be admitted at 50 per cent reduction of the duty designated + in the customs tariff now in force: +</p> +<p class="q"><br> + 1. Bacon and bacon hams. +<br> + 2. Bread and biscuit. +<br> + 3. Butter. +<br> + 4. Cheese. +<br> + 5. Lard and its compounds. +</p> +<p class="q"> + Lumber of pitch pine, in rough or prepared for buildings, to be reduced + to 9 shillings per 1,000 feet. +</p> +<p class="q" style="text-align: center;"> + SCHEDULE C. +</p><p class="q"> + Articles to be admitted at 25 per cent reduction of the duty designated + in the customs tariff now in force: +</p><p class="q"><br> + 1. Beef, salted or pickled. +<br> + 2. Corn and maize. +<br> + 3. Corn meal. +<br> + 4. Oats. +<br> + 5. Petroleum and its products, crude or refined. +<br> + 6. Pork, salted or pickled. +<br> + 7. Wheat. +</p> +<p> + And whereas the Secretary of State has, by my direction, given the + assurance to the envoy extraordinary and minister plenipotentiary of + Great Britain at Washington that this action of the Government of Great + Britain in granting remissions and alterations of duties in the British + colonies above mentioned is accepted as a due reciprocity for the action + of Congress as set forth in section 3 of said act: +</p> +<p> + Now, therefore, be it known that I, Benjamin Harrison, President of the + United States of America, have caused the above-stated modifications of + the tariff laws of the aforesaid British colonies to be made public for + the information of the citizens of the United States of America. +</p> +<p> + In testimony whereof I have hereunto set my hand and caused the seal of + the United States to be affixed. +</p> +<p> + [SEAL.] +</p> +<p> + Done at the city of Washington, this 1st day of February, 1892, and of + the Independence of the United States of America the one hundred and + sixteenth. +</p> +<p class="r"> + BENJ. HARRISON. +</p> +<p><br> +By the President:<br> + JAMES G. BLAINE,<br> + <i>Secretary of State</i>. +</p> +<p> </p><p> </p> + + +<h3> + BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. +</h3> +<h4> + A PROCLAMATION. +</h4> +<p> + Whereas, pursuant to section 3 of the act of Congress approved October + 1, 1890, entitled "An act to reduce the revenue and equalize duties on + imports and for other purposes," the attention of the Government of the + German Empire was called to the action of the Congress of the United + States of America, with a view to secure reciprocal trade, in declaring + the articles enumerated in said section 3 to be exempt from duty upon + their importation into the United States of America; and +</p> +<p> + Whereas the chargé d'affaires of the German Empire at Washington has + communicated to the special plenipotentiary of the United States the + fact that, in view of the act of Congress above cited, the German + Imperial Government has by due legal enactment authorized the admission, + from and after February 1, 1892, into the German Empire of the articles + or merchandise the product of the United States of America named in the + following schedule, on the terms stated therein: +</p> +<p class="q" style="text-align: center;"> + <i>Schedules of articles to be admitted into Germany</i>. +</p> +<table width="100%" summary=""> +<tr> +<th>Articles.</th><th width="20%">Rate of<br> duty per<br> 100<br> kilograms.<br><i>Marks</i>.</th></tr> + +<tr><td> 1. Bran; malted germs </td><td align="center">Free.</td></tr> +<tr><td> 2. Flax, raw, dried, broken, or hatcheled; also refuse portions </td><td align="center">Free.</td></tr> +<tr><td> 3. Wheat </td><td align="center">3.50</td></tr> +<tr><td> 4. Rye </td><td align="center">3.50</td></tr> +<tr><td> 5. Oats </td><td align="center">2.80</td></tr> +<tr><td> 6. Buckwheat </td><td align="center">2.00</td></tr> +<tr><td> 7. Pulse </td><td align="center">1.50</td></tr> +<tr><td> 8. Other kinds of grain not specially mentioned </td><td align="center">1.00</td></tr> +<tr><td> 9. Barley </td><td align="center">2.00</td></tr> +<tr><td> 10. Rape seed, turnip seed, poppy, sesame, peanuts, and other + oleaginous products not specially mentioned </td><td align="center">2.00</td></tr> +<tr><td> 11. Maize (Indian corn) </td><td align="center">1.60</td></tr> +<tr><td> 12. Malt (malted barley) </td><td align="center">3.60</td></tr> +<tr><td> 13. Anise, coriander, fennel, and caraway seed </td><td align="center">3.00</td></tr> +<tr><td> 14. Agricultural productions not otherwise designated </td><td align="center">Free.</td></tr> +<tr><td> 15. Horsehair, raw, hatcheled, boiled, dyed, also laid in + the form of tresses and spun; bristles; raw bed feathers </td><td align="center">Free.</td></tr> +<tr><td> 16. Bed feathers, cleaned and prepared </td><td align="center">Free.</td></tr> +<tr><td> 17. Hides and skins, raw (green, salted, limed, dried), + and stripped of the hair for the manufacture of leather </td><td align="center">Free.</td></tr> +<tr><td> 18. Charcoal </td><td align="center">Free.</td></tr> +<tr><td> 19. Bark of wood and tan bark </td><td align="center">Free.</td></tr> + +<tr><td> 20. Lumber and timber:</td></tr> + +<tr><td> (a) Raw or merely roughhewn with ax or saw, with or without + bark; oaken barrel staves </td><td align="center">0.20</td></tr> + +<tr><td> (b) Marked in the direction of the longitudinal axis, or + prepared or cut otherwise than by roughhewing; barrel + staves not included under (a); unpeeled osiers and + hoops; hubs, fellies, and spokes </td><td align="center">0.30</td></tr> + +<tr><td> (c) Sawed in the direction of the longitudinal axis; + unplaned boards; sawed cantle woods and other articles + sawn or hewn </td><td align="center">0.80</td></tr> + +<tr><td> 21. Wood in cut veneering; unglued, unstained parts of floors </td><td align="center">5.00</td></tr> +<tr><td> 22. Hops; also hop meal<a href="#note-29"><small>29</small></a> </td><td align="center">14.00</td></tr> +<tr><td> 23. Butter; also artificial butter </td><td align="center">17.00</td></tr> +<tr><td> 24. Meat, slaughtered, fresh, with the exception of pork </td><td align="center">15.00</td></tr> +<tr><td> 25. Pork, slaughtered, fresh, and dressed meat, with the + exception of bacon, fresh or prepared </td><td align="center">17.00</td></tr> +<tr><td> 26. Game of all kinds (not alive) </td><td align="center">20.00</td></tr> +<tr><td> 27. Cheese, except Strecchino, Gorgonzola, and Parmesan </td><td align="center">20.00</td></tr> +<tr><td> 28. Fruit, seeds, berries, leaves, flowers, mushrooms, + vegetables, dried, baked, pulverized, only boiled down + or salted—all these products so far as they are not + included under other numbers of the tariff; juices of + fruits, berries, and turnips, preserved without sugar, + to be eaten; dry nuts </td><td align="center">4.00</td></tr> +<tr><td> 39. Mill products of grain and pulse, to wit, ground or + shelled grains, peeled barley, groats, grits, flour, + common cakes (bakers' products) </td><td align="center">7.30</td></tr> +<tr><td> 30. Residue, solid, from the manufacture of fat oils, + also ground </td><td align="center">Free.</td></tr> +<tr><td> 31. Goose grease and other greasy fats, such as oleomargarine, + sperfett (a mixture of stearic fats with oil), beef marrow </td><td align="center">10.00</td></tr> +<tr><td> 32. Live animals and animal products not mentioned elsewhere; + also beehives with live bees </td><td align="center">Free.</td></tr> + +<tr><td> 33. Horses (remarks) </td><td align="center">each 20.00</td></tr> +<tr><td> (a) Horses up to 2 years old </td><td align="center">do 10.00</td></tr> +<tr><td> (b) Colts following their dams </td><td align="center">Free.</td></tr> +<tr><td> 34. Bulls and cows </td><td align="center">9.00</td></tr> +<tr><td> 35. Oxen </td><td align="center">25.50</td></tr> +<tr><td> 36. Calves less than 6 weeks old </td><td align="center">3.00</td></tr> +<tr><td> 37. Hogs </td><td align="center">5.00</td></tr> +<tr><td> 38. Pigs weighing less than 10 kilograms </td><td align="center">1.00</td></tr> +<tr><td> 39. Sheep </td><td align="center">1.00</td></tr> +<tr><td> 40. Lambs </td><td align="center">0.50</td></tr> +<tr><td> 41. Wool, including animal hair not mentioned elsewhere, + as well as stuffs made thereof:</td></tr> +<tr><td> (a) Wool, raw, dyed, ground; also hair, raw, hatcheled, + boiled, dyed; also curled </td><td align="center">Free.</td></tr> +</table> + + +<p> + And whereas the special plenipotentiary of the United States has, by my + direction, given assurance to the chargé d'affaires of the German Empire + at Washington that this action of the Government of the German Empire + in granting exemption of duties to the products and manufactures of the + United States of America on their importation into Germany is accepted + as a due reciprocity for the action of Congress as set forth in section + 3 of said act: +</p> +<p> + Now, therefore, be it known that I, Benjamin Harrison, President of the + United States of America, have caused the above-stated modifications + of the tariff laws of the German Empire to be made public for the + information of the citizens of the United States of America. +</p> +<p> + In testimony whereof I have hereunto set my hand and caused the seal of + the United States to be affixed. +</p> +<p> + [SEAL.] +</p> +<p> + Done at the city of Washington, this 1st day of February, 1892, and of + the Independence of the United States of America the one hundred and + sixteenth. +</p> +<p class="r"> + BENJ. HARRISON. +</p> +<p><br> +By the President:<br> + JAMES G. BLAINE,<br> + <i>Secretary of State</i>. +</p> +<p> </p><p> </p> + +<h3> + BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. +</h3> +<h4> + A PROCLAMATION. +</h4> +<p> + Whereas it is provided by section 24 of the act of Congress approved + March 3, 1891, entitled "An act to repeal timber-culture laws, and for + other purposes"— +</p> +<p class="q"> + That the President of the United States may from time to time set + apart and reserve in any State or Territory having public land bearing + forests, in any part of the public lands wholly or in part covered with + timber or undergrowth, whether of commercial value or not, as public + reservations; and the President shall by public proclamation declare + the establishment of such reservations and the limits thereof. +</p> +<p> + And whereas the public lands in the State of Colorado within the limits + hereafter described are in part covered with timber, and it appears that + the public good would be promoted by setting apart and reserving said + lands as a public reservation: +</p> +<p> + Now, therefore, I, Benjamin Harrison, President of the United States, + by virtue of the power in me vested by section 24 of the aforesaid act + of Congress, do hereby make known and proclaim that there is hereby + reserved from entry or settlement and set apart as a public reservation + all those certain tracts, pieces, or parcels of land lying and being + situate in the State of Colorado and particularly described as follows, + to wit: +</p> +<p> + Commencing at the northeast corner of section four (4), township eleven + (11) north, range sixty-seven (67) west of the sixth (6th) principal + meridian; thence proceeding westerly along the township line between + townships ten (10) and eleven (11) south to the northwest corner of + section six (6), township eleven (11) south, range sixty-eight (68) + west; thence southerly along the range line between ranges sixty-eight + (68) and sixty-nine (69) west to the southwest corner of section + eighteen (18), township thirteen (13) south, range sixty-eight (68) + west; thence westerly along the section line to the northwest corner of + section nineteen (19), township thirteen (13) south, range sixty-nine + (69) west; thence southerly along the range line between ranges + sixty-nine (69) and seventy (70) west to the southwest corner of section + thirty-one (31), township thirteen (13) south, range sixty-nine (69) + west; thence east along the township line between townships thirteen + (13) and fourteen (14) south to the half-section corner on said township + line of section two (2), township fourteen (14) south, range sixty-nine + (69) west; thence southerly through the middle of sections two (2), + eleven (11), and fourteen (14) to a point in the middle of the north + line of section twenty-three (23) of said township and range; thence + easterly along said northern section line to the northeast corner of + said section; thence southerly between sections twenty-three (23) and + twenty-four (24) to the middle of the east line of section twenty-three + (23); thence easterly through the middle of section twenty-four (24) to + the middle of the east line of said section twenty-four (24), township + fourteen (14) south, range sixty-nine (69) west; thence southerly along + the range line between ranges sixty-eight (68) and sixty-nine (69) west + to the southwest corner of section thirty-one (31), township fifteen + (15) south, range sixty-eight (68) west; thence east along the township + line between townships fifteen (15) and sixteen (16) south to the + southeast corner of section thirty-four (34), township fifteen (15) + south, range sixty-seven (67) west; thence northerly along the section + line to the northeast corner of the southeast quarter of section + twenty-two (22), township fifteen (15) south, range sixty-seven (67) + west; thence westerly to the northwest corner of the southeast quarter + of section twenty-one (21) of said last-named township and range; thence + southerly to the southwest corner of the southeast quarter of section + twenty-eight (28) of said township and range; thence westerly along + the section line to the corner common to sections twenty-five (25), + thirty-one (31), and thirty-six (36) of said township and range; thence + northerly on the section line to the corner common to sections one (1), + six (6), and twelve (12) of said township and range; thence easterly + along the section line to the corner common to sections five (5), six + (6), and eight (8); thence southerly along the section line to the + southwest corner of section eight (8) of said township and range; thence + easterly along the section line to the corner common to sections ten + (10), eleven (11), and fourteen (14) of said township and range; thence + northerly along the section line to the northeast corner of section + three (3); thence westerly to the northwest corner of section three (3) + of said township and range; thence northerly along the section line to + the corner common to sections sixteen (16), twenty-one (21), twenty-two + (22), and fifteen (15), township fourteen (14) south, range sixty-seven + (67) west; thence westerly along the section line to the northwest + corner of section nineteen (19) of said township and range; thence + northerly along the range line between ranges sixty-seven (67) and + sixty-eight (68) to the northeast corner of section one (1), township + fourteen (14) south, range sixty-eight (68) west; thence easterly along + the township line between townships thirteen (13) and fourteen (14) + south to the southeast corner of section thirty-three (33) of township + thirteen (13) south, range sixty-seven (67) west; thence northerly + along the section line to the place of beginning. +</p> +<p> + Excepting from the force and effect of this proclamation all surveyed + land which may have been prior to the date hereof embraced in any legal + entry or covered by any lawful filing duly made in the proper United + States land office, all unsurveyed lands on which valid settlement has + been made under any law of the United States, and all mining Claims duly + located and held according to the laws of the United States and rules + and regulations not in conflict therewith. +</p> +<p> + <i>Provided</i>, That this exception shall not continue to apply to any + particular tract of land unless the entry man, settler, or claimant + continues to comply with the law under which the entry, filing, + settlement, or location was made. +</p> +<p> + Warning is hereby expressly given to all persons not to enter or make + settlement upon the tract of land reserved by this proclamation. +</p> +<p> + In witness whereof I have hereunto set my hand and caused the seal of + the United States to be affixed. +</p> +<p> + [SEAL.] +</p> +<p> + Done at the city of Washington, this 11th day of February, A.D. 1892, + and of the Independence of the United States the one hundred and + sixteenth. +</p> +<p class="r"> + BENJ. HARRISON. +</p> +<p><br> +By the President:<br> + JAMES G. BLAINE,<br> + <i>Secretary of State</i>. +</p> +<p> </p><p> </p> + +<h3> + BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. +</h3> +<h4> + A PROCLAMATION. +</h4> +<p> + The following provisions of the laws of the United States are hereby + published for the information of all concerned: +</p> +<p class="q"> + Section 1956, Revised Statutes, chapter 3, Title XXIII, enacts that— + No person shall kill any otter, mink, marten, sable, or fur seal, or + other fur-bearing animal within the limits of Alaska Territory or in + the waters thereof; and every person guilty thereof shall for each + offense be fined not less than $200 nor more than $1,000, or imprisoned + not more than six months, or both; and all vessels, their tackle, + apparel, furniture, and cargo, found engaged in violation of this + section shall be forfeited; but the Secretary of the Treasury shall + have power to authorize the killing of any such mink, marten, sable, or + other fur-bearing animal, except fur seals, under such regulations as + he may prescribe; and it shall be the duty of the Secretary to prevent + the killing of any fur seal and to provide for the execution of the + provisions of this section until it is otherwise provided by law, nor + shall he grant any special privileges under this section. +</p><p class="q"> + SEC. 3. That section 1956 of the Revised Statutes of the United + States is hereby declared to include and apply to all the dominion + of the United States in the waters of Bering Sea; and it shall be the + duty of the President at a timely season in each year to issue his + proclamation, and cause the same to be published for one month at + least in one newspaper (if any such there be) published at each United + States port of entry on the Pacific coast, warning all persons against + entering said waters for the purpose of violating the provisions of + said section; and he shall also cause one or more vessels of the United + States to diligently cruise said waters and arrest all persons and + seize all vessels found to be or to have been engaged in any violation + of the laws of the United States therein. +</p> +<p> + Now, therefore, I, Benjamin Harrison, President of the United States, + pursuant to the above-recited statutes, hereby warn all persons against + entering the waters of Bering Sea within the dominion of the United + States for the purpose of violating the provisions of said section 1956, + Revised Statutes; and I hereby proclaim that all persons found to be or + to have been engaged in any violation of the laws of the United States + in said waters will be arrested and punished as above provided, and that + all vessels so employed, their tackle, apparel, furniture, and cargoes, + will be seized and forfeited. +</p> +<p> + In testimony whereof I have hereunto set my hand and caused the seal of + the United States to be affixed, +</p> +<p> + [SEAL.] +</p> +<p> + Done at the city of Washington, this 15th day of February, 1892, and of + the Independence of the United States the one hundred and sixteenth. +</p> +<p class="r"> + BENJ. HARRISON. +</p> +<p><br> +By the President:<br> + JAMES G. BLAINE,<br> + <i>Secretary of State</i>. +</p> +<p> </p><p> </p> + +<h3> + BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. +</h3> +<h4> + A PROCLAMATION. +</h4> +<p> + Whereas, pursuant to section 3 of the act of Congress approved October + 1, 1890, entitled "An act to reduce the revenue and equalize duties on + imports, and for other purposes," the Secretary of State of the United + States of America communicated to the Government of Nicaragua the action + of the Congress of the United States of America, with a view to secure + reciprocal trade, in declaring the articles enumerated in said section 3 + to be exempt from duty upon their importation into the United States of + America; and +</p> +<p> + Whereas the envoy extraordinary and minister plenipotentiary of + Nicaragua at Washington has communicated to the Secretary of State the + fact that, in reciprocity for the admission into the United States of + America free of all duty of the articles enumerated in section 3 of + said act, the Government of Nicaragua will by due legal enactment admit + free of all duty, from and after April 15, 1892, into all the ports of + entry of Nicaragua the articles or merchandise named in the following + schedule, provided that the same be the product of the United States: +</p> +<p class="q" style="text-align: center;"> + SCHEDULE OF ARTICLES WHICH THE REPUBLIC OF NICARAGUA WILL ADMIT FREE OF + ALL KIND OF DUTY. +</p><p class="q"><br> + 1. Animals, live. +<br> + 2. Barley, Indian corn, wheat, oats, rye, and rice. +<br> + 3. Seeds of all kinds for agriculture and horticulture. +<br> + 4. Live plants of all kinds. +<br> + 5. Corn meal. +<br> + 6. Starch. +<br> + 7. Beans, potatoes, and all other vegetables, fresh or dried. +<br> + 8. Fruits, fresh or dried. +<br> + 9. Hay, bran, and straw for forage. +<br> + 10. Cotton-seed oil and all other products of said seed. +<br> + 11. Tar, resin, and turpentine. +<br> + 12. Asphalt, crude or manufactured in blocks. +<br> + 13. Quicksilver for mining purposes. +<br> + 14. Coal, mineral or animal. +<br> + 15. Fertilizers for land. +<br> + 16. Lime and cement. +<br> + 17. Wood and lumber, in the rough or prepared for building purposes. +<br> + 18. Houses of wood or iron. +<br> + 19. Marble, in the rough or dressed, for fountains, gravestones, and + building purposes. +<br> + 20. Tools and implements for agricultural and horticultural purposes. +<br> + 21. Wagons, carts, and handcarts. +<br> + 22. Iron and steel, in rails for railroads and other similar uses, and + structural iron and steel for bridges and building purposes. +<br> + 23. Wire, for fences, with or without barbs, clamps, posts, clips, and + other accessories of wire, not less than 3 lines in diameter. +<br> + 24. Machinery of all kinds for agricultural purposes, arts, and trades, + and parts of such machinery. +<br> + 25. Motors of steam or animal power. +<br> + 26. Forgers, water pumps of metal, pump hose, sledge hammers, drills for + mining purposes, iron piping with its keys and faucets, crucibles + for melting metals, iron water tanks, and lightning rods. +<br> + 27. Roofs of galvanized iron, gutters, ridging, clamps, and screws for + the same. +<br> + 28. Printing materials. +<br> + 29. Books, pamphlets, and other printed matter, and ruled paper for + printed music, printing paper in sheets not less than 29 by 20 + inches. +<br> + 30. Geographical maps or charts and celestial and terrestrial spheres + or globes. +<br> + 31. Surgical and mathematical instruments. +<br> + 32. Stones and fire bricks for smelting furnaces. +<br> + 33. Vessels and boats of all kinds, fitted together or in parts. +<br> + 34. Gold and silver in bullion, bars, or coin. +</p> +<p class="q"> + It is understood that the packages or coverings in which the articles + named in the foregoing schedule are imported shall be free of duty if + they are usual and proper for the purpose. +</p> +<p> + And that the Government of Nicaragua has further stipulated that the + laws and regulations adopted to protect its revenue and prevent fraud + in the declarations and proof that the articles named in the foregoing + schedule are the product of the United States of America shall impose + no undue restrictions on the importer nor additional charges on the + articles imported; and +</p> +<p> + Whereas the Secretary of State has, by my direction, given assurance to + the envoy extraordinary and minister plenipotentiary of Nicaragua at + Washington that this action of the Government of Nicaragua in granting + freedom of duties to the products of the United States of America on + their importation into Nicaragua is accepted as a due reciprocity for + the action of Congress as set forth in section 3 of said act: +</p> +<p> + Now, therefore, be it known that I, Benjamin Harrison, President of the + United States of America, have caused the above-stated modifications of + the tariff laws of Nicaragua to be made public for the information of + the citizens of the United States of America. +</p> +<p> + In testimony whereof I have hereunto set my hand and caused the seal of + the United States to be affixed. +</p> +<p> + [SEAL.] +</p> +<p> + Done at the city of Washington, this 12th day of March, 1892, and of the + Independence of the United States of America the one hundred and + sixteenth. +</p> +<p class="r"> + BENJ. HARRISON. +</p> +<p><br> +By the President:<br> + WILLIAM F. WHARTON,<br> + <i>Acting Secretary of State</i>. +</p> +<p> </p><p> </p> + +<h3> + BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. +</h3> +<h4> + A PROCLAMATION. +</h4> +<p> + Whereas in section 3 of an act passed by the Congress of the United + States entitled "An act to reduce the revenue and equalize duties on + imports, and for other purposes," approved October 1, 1890, it was + provided as follows: +</p> +<p class="q"> + That with a view to secure reciprocal trade with countries producing + the following articles, and for this purpose, on and after the 1st + day of January, 1892, whenever and so often as the President shall be + satisfied that the government of any country producing and exporting + sugars, molasses, coffee, tea, and hides, raw and uncured, or any of + such articles, imposes duties or other exactions upon the agricultural + or other products of the United States which, in view of the free + introduction of such sugar, molasses, coffee, tea, and hides into the + United States, he may deem to be reciprocally unequal and unreasonable, + he shall have the power and it shall be his duty to suspend, by + proclamation to that effect, the provisions of this act relating to the + free introduction of such sugar, molasses, coffee, tea, and hides the + production of such country for such time as he shall deem just; and in + such case and during such suspension duties shall be levied, collected, + and paid upon sugar, molasses, coffee, tea, and hides the product of or + exported from such designated country— +</p> +<p> + the duties hereinafter set forth; and +</p> +<p> + Whereas it has been established to my satisfaction and I find the fact + to be that the Government of Colombia does impose duties or other + exactions upon the agricultural and other products of the United States + which, in view of the free introduction of such sugars, molasses, + coffee, tea, and hides into the United States, in accordance with the + provisions of said act, I deem to be reciprocally unequal and + unreasonable: +</p> +<p> + Now, therefore, I, Benjamin Harrison, President of the United States of + America, by virtue of the authority vested in me by section 3 of said + act, by which it is made my duty to take action, do hereby declare + and proclaim that the provisions of said act relating to the free + introduction of sugars, molasses, coffee, tea, and hides the production + of Colombia shall be suspended from and after this 15th day of March, + 1892, and until such time as said unequal and unreasonable duties and + exactions are removed by Colombia and public notice of that fact given + by the President of the United States; and I do hereby proclaim that on + and after this 15th day of March, 1892, there will be levied, collected, + and paid upon sugars, molasses, coffee, tea, and hides the product of or + exported from Colombia during such suspension duties as provided by said + act, as follows: +</p> +<p class="q"> + All sugars not above No. 13 Dutch standard in color shall pay duty on + their polariscopic tests as follows, namely: +</p><p class="q"> + All sugars not above No. 13 Dutch standard in color, all tank bottoms, + sirups of cane juice or of beet juice, melada, concentrated melada, + concrete and concentrated molasses, testing by the polariscope not + above 75°, seven-tenths of 1 cent per pound, and for every additional + degree or fraction of a degree shown by the polariscopic test + two-hundredths of 1 cent per pound additional. +</p><p class="q"> + All sugars above No. 13 Dutch standard in color shall be classified + by the Dutch standard of color and pay duty as follows, namely: +</p><p class="q"> + All sugars above No. 13 and not above No. 16 Dutch standard of color, + 1-3/8 cents per pound. +</p><p class="q"> + All sugars above No. 16 and not above No. 20 Dutch standard of color, + 1-5/8 cents per pound. +</p><p class="q"> + All sugars above No. 20 Dutch standard of color, 2 cents per pound. +</p><p class="q"> + Molasses testing above 56°, 4 cents per gallon. +</p><p class="q"> + Sugar drainings and sugar sweepings shall be subject to duty either as + molasses or sugar, as the case may be, according to polariscopic test. +</p><p class="q"> + On coffee, 3 cents per pound. +</p><p class="q"> + On tea, 10 cents per pound. +</p><p class="q"> + Hides, raw or uncured, whether dry, salted, or pickled; Angora-goat + skins, raw, without the wool, unmanufactured; asses' skins, raw or + unmanufactured, and skins, except sheepskins, with the wool on, 1-1/2 + cents per pound. +</p> +<p> + In witness whereof I have hereunto set my hand and caused the seal of + the United States to be affixed. +</p> +<p> + [SEAL.] +</p> +<p> + Done at the city of Washington, this 15th day of March, 1892, and of the + Independence of the United States of America the one hundred and + sixteenth. +</p> +<p class="r"> + BENJ. HARRISON. +</p> +<p><br> +By the President:<br> + WILLIAM F. WHARTON,<br> + <i>Acting Secretary of State</i>. +</p> +<p> </p><p> </p> + +<h3> + BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. +</h3> +<h4> + A PROCLAMATION. +</h4> +<p> + Whereas in section 3 of an act passed by the Congress of the United + States entitled "An act to reduce the revenue and equalize duties on + imports, and for other purposes," approved October 1, 1890, it was + provided as follows: +</p> +<p class="q"> + That with a view to secure reciprocal trade with countries producing + the following articles, and for this purpose, on and after the 1st + day of January, 1892, whenever and so often as the President shall be + satisfied that the government of any country producing and exporting + sugars, molasses, coffee, tea, and hides, raw and uncured, or any of + such articles, imposes duties or other exactions upon the agricultural + or other products of the United States which, in view of the free + introduction of such sugar, molasses, coffee, tea, and hides into the + United States, he may deem to be reciprocally unequal and unreasonable, + he shall have the power and it shall be his duty to suspend, by + proclamation to that effect, the provisions of this act relating to the + free introduction of such sugar, molasses, coffee, tea, and hides the + production of such country for such time as he shall deem just; and in + such case and during such suspension duties shall be levied, collected, + and paid upon sugar, molasses, coffee, tea, and hides the product of or + exported from such designated country— +</p> +<p> + the duties hereinafter set forth; and +</p> +<p> + Whereas it has been established to my satisfaction and I find the fact + to be that the Government of Hayti does impose duties or other exactions + upon the agricultural and other products of the United States which, in + view of the free introduction of such sugars, molasses, coffee, tea, and + hides into the United States, in accordance with the provisions of said + act, I deem to be reciprocally unequal and unreasonable: +</p> +<p> + Now, therefore, I, Benjamin Harrison, President of the United States + of America, by virtue of the authority vested in me by section 3 of + said act, by which it is made my duty to take action, do hereby declare + and proclaim that the provisions of said act relating to the free + introduction of sugars, molasses, coffee, tea, and hides the production + of Hayti shall be suspended from and after this 15th day of March, + 1892, and until such time as said unequal and unreasonable duties and + exactions are removed by Hayti and public notice of that fact given by + the President of the United States; and I do hereby proclaim that on and + after this 15th day of March, 1892, there will be levied, collected, and + paid upon sugars, molasses, coffee, tea, and hides the product of or + exported from Hayti during such suspension duties as provided by said + act, as follows: +</p><p class="q"> + All sugars not above No. 13 Dutch standard in color shall pay duty on + their polariscopic tests as follows, namely: +</p><p class="q"> + All sugars not above No. 13 Dutch standard in color, all tank bottoms, + sirups of cane juice or of beet juice, melada, concentrated melada, + concrete and concentrated molasses, testing by the polariscope not + above 75°, seven-tenths of 1 cent per pound and for every additional + degree or fraction of a degree shown by the polariscopic test + two-hundredths of 1 cent per pound additional. +</p><p class="q"> + All sugars above No. 13 Dutch standard in color shall be classified by + the Dutch standard of color and pay duty as follows, namely: +</p><p class="q"> + All sugar above No. 13 and not above No. 16 Dutch standard of color, + 1-3/8 cents per pound. +</p><p class="q"> + All sugar above No. 16 and not above No. 20 Dutch standard of color, + 1-5/8 cents per pound. +</p><p class="q"> + All sugars above No. 20 Dutch standard of color, 2 cents per pound. +</p><p class="q"> + Molasses testing above 56°, 4 cents per gallon. +</p><p class="q"> + Sugar drainings and sugar sweepings shall be subject to duty either as + molasses or sugar, as the case may be, according to polariscopic test. +</p><p class="q"> + On coffee, 3 cents per pound. +</p><p class="q"> + On tea, 10 cents per pound. +</p><p class="q"> + Hides, raw or uncured, whether dry, salted, or pickled; Angora-goat + skins, raw, without the wool, unmanufactured; asses' skins, raw or + unmanufactured, and skins, except sheepskins, with the wool on, 1-1/2 + cents per pound. +</p> +<p> + In witness whereof I have hereunto set my hand and caused the seal of + the United States to be affixed. +</p> +<p> + [SEAL.] +</p> +<p> + Done at the city of Washington, this 15th day of March, 1892, and of the + Independence of the United States of America the one hundred and + sixteenth. +</p> +<p class="r"> + BENJ. HARRISON. +</p> +<p><br> +By the President:<br> + WILLIAM F. WHARTON,<br> + <i>Acting Secretary of State</i>. +</p> +<p> </p><p> </p> + +<h3> + BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. +</h3> +<h4> + A PROCLAMATION. +</h4> +<p> + Whereas in section 3 of an act passed by the Congress of the United + States entitled "An act to reduce the revenue and equalize duties on + imports, and for other purposes," approved October 1, 1890, it was + provided as follows: +</p> +<p class="q"> + That with a view to secure reciprocal trade with countries producing + the following articles, and for this purpose, on and after the 1st + day of January, 1892, whenever and so often as the President shall be + satisfied that the government of any country producing and exporting + sugars, molasses, coffee, tea, and hides, raw and uncured, or any of + such articles, imposes duties or other exactions upon the agricultural + or other products of the United States which, in view of the free + introduction of such sugar, molasses, coffee, tea, and hides into the + United States, he may deem to be reciprocally unequal and unreasonable, + he shall have the power and it shall be his duty to suspend, by + proclamation to that effect, the provisions of this act relating to the + free introduction of such sugar, molasses, coffee, tea, and hides the + production of such country for such time as he shall deem just; and in + such case and during such suspension duties shall be levied, collected, + and paid upon sugar, molasses, coffee, tea, and hides the product of or + exported from such designated country— +</p> +<p> + the duties hereinafter set forth; and +</p> +<p> + Whereas it has been established to my satisfaction and I find the fact + to be that the Government of Venezuela does impose duties or other + exactions upon the agricultural and other products of the United States + which, in view of the free introduction of such sugars, molasses, + coffee, tea, and hides into the United States, in accordance with the + provisions of said act, I deem to be reciprocally unequal and + unreasonable: +</p> +<p> + Now, therefore, I, Benjamin Harrison, President of the United States + of America, by virtue of the authority vested in me by section 3 of + said act, by which it is made my duty to take action, do hereby declare + and proclaim that the provisions of said act relating to the free + introduction of sugars, molasses, coffee, tea, and hides the production + of Venezuela shall be suspended from and after this 15th day of March, + 1892, and until such time as said unequal and unreasonable duties and + exactions are removed by Venezuela and public notice of that fact given + by the President of the United States; and I do hereby proclaim that on + and after this 15th day of March, 1892, there will be levied, collected, + and paid upon sugars, molasses, coffee, tea, and hides the product of or + exported from Venezuela during such suspension duties as provided by + said act, as follows: +</p><p class="q"> + All sugars not above No. 13 Dutch standard in color shall pay duty on + their polariscopic tests as follows, namely: +</p><p class="q"> + All sugars not above No. 13 Dutch standard in color, all tank bottoms, + sirups of cane juice or of beet juice, melada, concentrated melada, + concrete and concentrated molasses, testing by the polariscope not + above 75°, seven-tenths of 1 cent per pound, and for every additional + degree or fraction of a degree shown by the polariscopic test + two-hundredths of 1 cent per pound additional. +</p><p class="q"> + All sugars above No. 13 Dutch standard in color shall be classified + by the Dutch standard of color and pay duty as follows, namely: +</p><p class="q"> + All sugar above No. 13 and not above No. 16 Dutch standard of color, + 1-3/8 cents per pound. +</p><p class="q"> + All sugar above No. 16 and not above No. 20 Dutch standard of color, + 1-5/8 cents per pound. +</p><p class="q"> + All sugars above No. 20 Dutch standard of color, 2 cents per pound. +</p><p class="q"> + Molasses testing above 56°, 4 cents per gallon. +</p><p class="q"> + Sugar drainings and sugar sweepings shall be subject to duty either as + molasses or sugar, as the case may be, according to polariscopic test. +</p><p class="q"> + On coffee, 3 cents per pound. +</p><p class="q"> + On tea, 10 cents per pound. +</p><p class="q"> + Hides, raw or uncured, whether dry, salted, or pickled; Angora-goat + skins, raw, without the wool, unmanufactured; asses' skins, raw or + unmanufactured, and skins, except sheepskins, with the wool on, 1-1/2 + cents per pound. +</p> +<p> + In witness whereof I have hereunto set my hand and caused the seal of + the United States to be affixed. +</p> +<p> + [SEAL.] +</p> +<p> + Done at the city of Washington, this 15th day of March, 1892, and of the + independence of the United States of America the one hundred and + sixteenth. +</p> +<p class="r"> + BENJ. HARRISON. +</p> +<p><br> +By the President:<br> + WILLIAM F. WHARTON,<br> + <i>Acting Secretary of State</i>. +</p> +<p> </p><p> </p> + +<h3> + BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. +</h3> +<h4> + A PROCLAMATION. +</h4> +<p> + Whereas it is provided by section 24 of an act approved March 3, 1891, + entitled "An act to repeal timber-culture laws, and for other + purposes"— +</p> +<p class="q"> + That the President of the United States may from time to time set apart + and reserve in any State or Territory having public land bearing + forests, in any part of the public lands wholly or in part covered with + timber or undergrowth, whether of commercial value or not, as public + reservations; and the President shall by public proclamation declare + the establishment of such reservations and the limits thereof. +</p> +<p> + And whereas the lands hereinafter described are public and + forest bearing, and on the 11th day of February last I issued a + proclamation<a href="#note-30"><small>30</small></a> intended to reserve the same as authorized in said act; + but as some question has arisen as to the boundaries proclaimed being + sufficiently definite to cover the lands intended to be reserved: +</p> +<p> + Now, therefore, I, Benjamin Harrison, President of the United States, + for the purpose of removing any doubt and making the boundaries of said + reservation more definite, by virtue of the power in me vested by said + act, do hereby issue this my second proclamation and hereby set apart, + reserve, and establish as a public reservation all that tract of land + situate in the State of Colorado embraced within the following boundary: +</p> +<p> + Beginning at the northeast corner of section four (4), township eleven + (11) south, range sixty-seven (67) west of the sixth (6th) principal + meridian; thence westerly along the second (2d) correction line south + between townships ten (10) and eleven (11) south to the northwest corner + of section six (6), township eleven (11) south, range sixty-eight (68) + west; thence southerly along the range line between ranges sixty-eight + (68) and sixty-nine (69) west to the southwest corner of section + eighteen (18), township thirteen (13) south, range sixty-eight (68) + west; thence westerly along the section line between sections thirteen + (13) and twenty-four (24), fourteen (14) and twenty-three (23), fifteen + (15) and twenty-two (22), sixteen (16) and twenty-one (21), seventeen + (17) and twenty (20), and eighteen (18) and nineteen (19) to the + northwest corner of section nineteen (19), township thirteen (13) south, + range sixty-nine (69) west; thence southerly along the range line + between ranges sixty-nine (69) and seventy (70) west to the southwest + corner of section thirty-one (31) of said township; thence easterly + along the township line between townships thirteen (13) and fourteen + (14) south to the quarter-section corner on said township line between + section thirty-five (35), township thirteen (13) south, range sixty-nine + (69) west, and section two (2), township fourteen (14) south, range + sixty-nine (69) west; thence southerly through the middle of sections + two (2), eleven (11), and fourteen (14), township fourteen (14) south, + range sixty-nine (69) west, to the quarter-section corner on the section + line between sections fourteen (14) and twenty-three (23) of said + township and range; thence easterly along said section line to the + northeast corner of section twenty-three (23) of said township and + range; thence southerly along the section line to the quarter-section + corner on said line between sections twenty-three (23) and twenty-four + (24) of said township and range; thence easterly through the middle of + section twenty-four (24) to the quarter-section corner on the range + line between section nineteen (19), township fourteen (14) south, range + sixty-eight (68) west, and section twenty-four (24), township fourteen + (14) south, range sixty-nine (69) west; thence southerly along said + range line to the southwest corner of section thirty-one (31), township + fifteen (15) south, range sixty-eight (68) west; thence easterly along + the third (3d) correction line south between townships fifteen (15) and + sixteen (16) south to the southeast corner of section thirty-four (34), + township fifteen (15) south, range sixty-seven (67) west; thence + northerly along the section line between sections thirty-four (34) and + thirty-five (35), twenty-six (26) and twenty-seven (27), to the point + for the quarter-section corner on the section line between sections + twenty-two (22) and twenty-three (23), township fifteen (15) south, + range sixty-seven (67) west; thence westerly to a point for the legal + center of section twenty-one (21) of said township and range; thence + southerly to the southwest corner of the southeast quarter of section + twenty-eight (28) of said township and range; thence westerly along the + section line between sections twenty-eight (28) and thirty-three (33), + twenty-nine (29) and thirty-two (32), thirty (30) and thirty-one (31), + to the northwest corner of section thirty-one (31) of said township and + range; thence northerly on the range line between ranges sixty-seven + (67) and sixty-eight (68) west to the southwest corner of section six + (6) of said township and range; thence easterly along the section line + to the southeast corner of section six (6) of said township and range; + thence southerly along the section line to the southwest corner of + section eight (8) of said township and range; thence easterly along + the section line to the southeast corner of section ten (10) of said + township and range; thence northerly along the section line between + sections ten (10) and eleven (11), two (2) and three (3), township + fifteen (15) south, range sixty-seven (67) west, to the northeast corner + of section three (3) of said township and range; thence westerly along + the township line between townships fourteen (14) and fifteen (15) south + to the northwest corner of section three (3), township fifteen (15) + south, range sixty-seven (67) west; thence northerly along the + section line between sections thirty-three (33) and thirty-four (34), + twenty-seven (27) and twenty-eight (28), twenty-one (21) and twenty-two + (22), to the northeast corner of section twenty-one (21), township + fourteen (14) south, range sixty-seven (67) west; thence westerly along + the section line between sections sixteen (16) and twenty-one (21), + seventeen (17) and twenty (20), eighteen (18) and nineteen (19), to the + northwest corner of section nineteen (19) of said township and range; + thence northerly along the range line between ranges sixty-seven (67) + and sixty-eight (68) west to the northeast corner of section one (1), + township fourteen (14) south, range sixty-eight (68) west; thence + easterly along the township line between townships thirteen (13) and + fourteen (14) south to the southeast corner of section thirty-three + (33), township thirteen (13) south, range sixty-seven (67) west; thence + northerly along the section line between sections thirty-three (33) and + thirty-four (34), twenty-seven (27) and twenty-eight (28), twenty-one + (21) and twenty-two (22), fifteen (15) and sixteen (16), nine (9) and + ten (10), and three (3) and four (4) of townships thirteen (13), twelve + (12), and eleven (11) south, range sixty-seven (67) west, to the place + of beginning. +</p> +<p> + Excepting from the force and effect of this proclamation all lands which + may have been prior to the date hereof embraced in any legal entry or + covered by any lawful filing duly of record in the proper United States + land office, or upon which any valid settlement has been made pursuant + to law and the statutory period within which to make entry or filing of + record has not expired, and all mining claims duly located and held + according to the laws of the United States and rules and regulations not + in conflict therewith. +</p> +<p> + <i>Provided</i>, That this exception shall not continue to apply to any + particular tract of land unless the entryman, settler, or claimant + continues to comply with the law under which the entry, filing, + settlement, or location was made. +</p> +<p> + Warning is hereby expressly given to all persons not to enter or make + settlement upon the tract of land reserved by this proclamation. +</p> +<p> + In witness whereof I have hereunto set my hand and caused the seal of + the United States to be affixed. +</p> +<p> + [SEAL.] +</p> +<p> + Done at the city of Washington, this 18th day of March, A.D. 1892, and + of the Independence Of the United States the one hundred and sixteenth. +</p> +<p class="r"> + BENJ. HARRISON. +</p> +<p><br> +By the President:<br> + WILLIAM F. WHARTON,<br> + <i>Acting Secretary of State</i>. +</p> +<p> </p><p> </p> + + + +<h3> + BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. +</h3> +<h4> + A PROCLAMATION. +</h4> +<p> + Whereas by the third article of the treaty between the United States of + America and the Sisseton and Wahpeton bands of Dakota or Sioux Indians + concluded February 19, 1867, proclaimed May 2, 1867 (15 U.S. Statutes + at Large, p, 505), the United States set apart and reserved for certain + of said Indians certain lands, particularly described, being situated + partly in North Dakota and partly in South Dakota and known as the Lake + Traverse Reservation; and +</p> +<p> + Whereas by agreement made with said Indians residing on said reservation + dated December 12, 1889, they conveyed, as set forth in article 1 + thereof, to the United States all their title and interest in and to all + the unallotted lands within the limits of the reservation set apart as + aforesaid remaining after the allotments shall have been made, which are + provided for in article 4 of the agreement, as follows: +</p> +<p class="q"> + That there shall be allotted to each individual member of the bands of + Indians parties hereto a sufficient quantity, which, with the lands + heretofore allotted, shall make in each case 160 acres, and in case no + allotment has been made to any individual member of said bands, then + an allotment of 160 acres shall be made to such individual. +</p> +<p> + And whereas it is provided in article 2 of said agreement— +</p> +<p class="q"> + That the cession, sale, relinquishment, and conveyance of the lands + described in article 1 of this agreement shall not take effect and + be in force until the sum of $342,778.37, together with the sum of + $18,400, shall have been paid to said bands of Indians, as set forth + and stipulated in article 3 of this agreement. +</p> +<p> + And whereas it is provided in the act of Congress approved March 3, 1891 + (26 U.S. Statutes at Large, pp. 1036-1038), section 30, accepting and + ratifying the agreement with said Indians— +</p> +<p class="q"> + That the lands by said agreement ceded, sold, relinquished, and + conveyed to the United States shall immediately, upon the payment + to the parties entitled thereto of their share of the funds made + immediately available by this act, and upon the completion of the + allotments as provided for in said agreement, be subject only to entry + and settlement under the homestead and town-site laws of the United + States, excepting the sixteenth and thirty-sixth sections of said + lands, which shall be reserved for common-school purposes and be + subject to the laws of the State wherein located: <i>Provided</i>, That + patents shall not issue until the settler or entryman shall have paid + to the United States the sum of $2.50 per acre for the land taken up + by such homesteader, and the title to the lands so entered shall remain + in the United States until said money is duly paid by such entryman or + his legal representatives, or his widow, who shall have the right to + pay the money and complete the entry of her deceased husband in her + own name and shall receive a patent for the same. +</p> +<p> + And whereas payment as required by said act has been made by the United + States; and +</p> +<p> + Whereas allotments as provided for in said agreement, as now appears + by the records of the Department of the Interior, will have been made, + approved, and completed and all other terms and considerations required + will have been complied with on the day and hour hereinafter fixed for + opening said lands to settlement: +</p> +<p> + Now, therefore, I, Benjamin Harrison, President of the United States, + do hereby declare and make known that all of the lands embraced in said + reservation, saving and excepting the lands reserved for and allotted to + said Indians and the lands reserved for other purposes in pursuance of + the provisions of said agreement and the said act of Congress ratifying + the same and other the laws relating thereto, will, at and after the + hour of 12 o'clock noon (central standard time) on the 15th day of + April, A.D. 1892, and not before, be opened to settlement under the + terms of and subject to all the terms and conditions, limitations, + reservations, and restrictions contained in said agreements, the + statutes above specified, and the laws of the United States applicable + thereto. +</p> +<p> + The lands to be opened for settlement are for greater convenience + particularly described in the accompanying schedule, entitled "Schedule + of lands within the Lake Traverse Reservation opened to settlement by + proclamation of the President dated April 11, 1892," and which schedule + is made a part hereof. +</p> +<p> + Warning, moreover, is hereby given that until said lands are opened to + settlement as herein provided all persons save said Indians are + forbidden to enter upon and occupy the same or any part thereof. +</p> +<p> + And further notice is hereby given that it has been duly ordered that + the lands mentioned and included in this proclamation shall be, and the + same are, attached to the Fargo and Watertown land districts, in said + States, as follows: +</p> +<p> + 1. All that portion of the Lake Traverse Reservation commencing at + the northwest corner of said reservation; thence south 12° 2' west, + following the west boundary of the reservation, to the new seventh + standard parallel, or boundary line between the States of North and + South Dakota; thence east, following the new seventh standard parallel + to its intersection with the north boundary of said Indian reservation; + thence northwesterly with said boundary to the place of beginning, is + attached to the Fargo land district, the office of which is now located + at Fargo, N. Dak. +</p> +<p> + 2. All that portion of the Lake Traverse Reservation commencing at + a point where the new seventh standard parallel intersects the west + boundary of said reservation; thence southerly along the west boundary + of said reservation to its extreme southern limit; thence northerly + along the east boundary of said reservation to Lake Traverse; thence + north with said lake to the northeast corner of the Lake Traverse Indian + Reservation; thence westerly with the north boundary of said reservation + to its intersection with the new seventh standard parallel, or boundary + line between the States of North and South Dakota; thence with the new + seventh standard parallel to the place of beginning, is attached to the + Watertown land district, the office of which is now located at + Watertown, S. Dak. +</p> +<p> + In witness whereof I have hereunto set my hand and caused the seal of + the United States to be affixed. +</p> +<p> + [SEAL.] +</p> +<p> + Done at the city of Washington, this 11th day of April, A.D. 1892, and + of the Independence of the United States the one hundred and sixteenth +</p> +<p class="r"> + BENJ. HARRISON. +</p> +<p><br> +By the President:<br> + JAMES G. BLAINE,<br> + <i>Secretary of State</i>. +</p> +<p> </p><p> </p> + +<h3> + BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. +</h3> +<h4> + A PROCLAMATION. +</h4> +<p> + Whereas by a written agreement made on the —— day of October, + 1890, the Cheyenne and Arapahoe tribes of Indians ceded, conveyed, + transferred, relinquished, and surrendered all their claim, title, and + interest in and to the lands described in article 2 of said agreement + as follows, to wit: +</p> +<p class="q"> + Commencing at a point where the Washita River crosses the ninety-eighth + degree of west longitude, as surveyed in the years 1858 and 1871; + thence north on a line with said ninety-eighth degree to the point + where it is crossed by the Red Fork of the Arkansas (sometimes called + the Cimarron River); thence up said river, in the middle of the main + channel thereof, to the north boundary of the country ceded to the + United States by the treaty of June 14, 1866, with the Creek Nation + of Indians; thence west on said north boundary and the north boundary + of the country ceded to the United States by the treaty of March 21, + 1866, with the Seminole Indians to the one hundredth degree of west + longitude; thence south on the line of said one hundredth degree to the + point where it strikes the North Fork of the Red River; thence down + said North Fork of the Red River to a point where it strikes the north + line of the Kiowa and Conianclie Reservation; thence east along said + boundary to a point where it strikes the Washita River; thence down + said Washita River, in the middle of the main channel thereof, to the + place of beginning; and all other lands or tracts of country in the + Indian Territory to which they have or may set up or allege any right, + title, interest, or claim whatsoever. +</p> +<p> + <i>Provided</i>, That every member of said tribes shall have an allotment + of 160 acres of land, as in said agreement provided, to be selected + within the tract of country so ceded, except land in any part of + said reservation now used or occupied for military, agency, school, + school-farm, religious, or other public uses, or in sections 16 or 36 + in each Congressional township, except, in cases where any Cheyenne or + Arapahoe Indian has heretofore made improvements upon and now uses and + occupies a part of said sections 16 and 36, such Indian may make his + or her selection within the boundaries so prescribed so as to include + his or her improvements; and except in that part of the lands by said + agreement ceded, now occupied and claimed by the Wichita and affiliated + bands of Indians described as follows, to wit: +</p> +<p class="q"> + Commencing at a point in the middle of the main channel of the Washita + River where the ninety-eighth meridian of west longitude crosses the + same; thence up the middle of the main channel of the said river to + the line of 98° 40' west longitude; thence up said line of 98° 40' due + north to the middle of the main channel of the main Canadian River; + thence down the middle of the main Canadian River to where it crosses + the ninety-eighth meridian; thence due south to the place of beginning. +</p> +<p> + <i>And provided</i>, That said sections 16 and 36 in each Congressional + township in said reservation shall not become subject to homestead + entry, but shall be held by the United States and finally sold for + public-school purposes; and that when the allotments of lands shall have + been selected and taken by the members of the Cheyenne and Arapahoe + tribes as aforesaid and approved by the Secretary of the Interior the + title thereto shall be held in trust for the allottees, respectively, + for the period of twenty-five years in the manner and to the extent + provided for in the act of Congress approved February 8, 1887 (24 U.S. + Statutes at Large, p. 388); and +</p> +<p> + Whereas it is provided in the act of Congress accepting, ratifying, and + confirming the said agreement with the Cheyenne and Arapahoe Indians, + approved March 3, 1891 (26 U.S. Statutes at Large, pp. 989-1044), + section 16— +</p> +<p class="q"> + That whenever any of the lands acquired by either of the * * * + foregoing agreements respecting lands in the Indian or Oklahoma + Territory shall by operation of law or proclamation of the President + of the United States be opened to settlement they shall be disposed + of to actual settlers only, under the provisions of the homestead and + town-site laws, except section 2301 of the Revised Statutes of the + United States, which shall not apply: <i>Provided, however</i>, That each + settler on said lands shall before making a final proof and receiving + a certificate of entry pay to the United States for the land so taken + by him, in addition to the fees provided by law, and within five years + from the date of the first original entry, the sum of $1.50 per acre, + one-half of which shall be paid within two years; but the rights + of honorably discharged Union soldiers and sailors as defined and + described in sections 2304 and 2305 of the Revised Statutes of the + United States shall not be abridged except as to the sum to be paid + as aforesaid; and all the lands in Oklahoma are hereby declared to be + agricultural lands, and proof of their nonmineral character shall not + be required as a condition precedent to final entry. +</p> +<p> + And whereas allotments of land in severalty to said Cheyenne and + Arapahoe Indians have been made and approved in accordance with law and + the provisions of the before-mentioned agreement with them; and +</p> +<p> + Whereas the lands acquired by the said agreement hereinbefore mentioned + have been divided into counties by the Secretary of the Interior, as + required by said last-mentioned act of Congress, before the same shall + be opened to settlement, and lands have been reserved for county-seat + purposes as therein required, as follows, to wit: +</p> +<p> + For County C, the south one-half of section 19, township 16 north, range + 11 west; for County D, the north one-half of section 13, township 18 + north, range 17 west; for County E, the south one-half of section 15, + township 17 north, range 22 west; for County F, the south one-half of + section 8, township 13 north, range 23 west; for County G, the north + one-half of section 25, township 13 north, range 17 west; for County H, + the south one-half of section 13, township 9 north, range 16 west; and +</p> +<p> + Whereas it is provided by act of Congress for temporary government of + Oklahoma, approved May 2, 1890, section 23 (26 U.S. Statutes at Large, + p. 92), that there shall be reserved public highways 4 rods wide between + each section of land in said Territory, the section lines being the + center of said highways; but no deduction shall be made where cash + payments are provided for in the amount to be paid for each quarter + section of land by reason of such reservation; and +</p> +<p> + Whereas all the terms, conditions, and considerations required by said + agreement made with said tribes of Indians and by the laws relating + thereto precedent to opening said lands to settlement have been, as + I hereby declare, complied with: +</p> +<p> + Now, therefore, I, Benjamin Harrison, President of the United States, + by virtue of the power in me vested by the statutes hereinbefore + mentioned, also an act of Congress entitled "An act making + appropriations for the current and contingent expenses of the Indian + Department and for fulfilling treaty stipulations with various Indian + tribes for the year ending June 30, 1892, and for other purposes," + approved March 3, 1891, and by other of the laws of the United States, + and by said agreement, do hereby declare and make known that all of said + lands hereinbefore described acquired from the Cheyenne and Arapahoe + Indians by the agreement aforesaid, saving and excepting the lands + allotted to the Indians as in said agreement provided, excepting also + the lands hereinbefore described as occupied and claimed by the Wichita + and affiliated bands of Indians, or otherwise reserved in pursuance of + the provisions of said agreement and the said act of Congress ratifying + the same, and other the laws relating thereto, will at the hour of + 12 o'clock noon (central standard time), Tuesday, the 19th day of + the present month of April, and not before, be opened to settlement + under the terms of and subject to all the conditions, limitations, + reservations, and restrictions contained in said agreement, the statutes + above specified, and the laws of the United States applicable thereto. +</p> +<p> + The lands to be so opened to settlement are for greater convenience + particularly described in the accompanying schedule, entitled "Schedule + of lands within the Cheyenne and Arapahoe Indian Reservation, Oklahoma + Territory, opened to settlement by proclamation of the President." +</p> +<p> + Each entry shall be in square form as nearly as applicable; and no other + lands in the Territory of Oklahoma are opened to settlement under this + proclamation, the agreement with the said Cheyenne and Arapahoe Indians, + or the act ratifying the same. +</p> +<p> + Notice, moreover, is hereby given that it is by law enacted that until + said lands are opened to settlement by proclamation no person shall be + permitted to enter upon and occupy the same, and no person violating + this provision shall be permitted to enter any of said lands or acquire + any right thereto, and that the officers of the United States will be + required to enforce this provision. +</p> +<p> + And further notice is hereby given that it has been duly ordered that + the lands mentioned and included in this proclamation shall be, and the + same are, attached to the Western land district, office at Kingfisher, + and the Oklahoma land district, office at Oklahoma City, in said + Territory of Oklahoma, as follows: +</p> +<p> + 1. All of said lands lying north of the township line between townships + 13 and 14 north are attached to the Western land district, the office of + which is at Kingfisher, in said Territory. +</p> +<p> + 2. All of said lands lying south of the township line between townships + 13 and 14 north are attached to the Oklahoma land district, the office + of which is at Oklahoma City, in the said Territory. +</p> +<p> + In witness whereof I have hereunto set my hand and caused the seal of + the United States to be affixed. +</p> +<p> + [SEAL.] +</p> +<p> + Done at the city of Washington, this 12th day of April, A.D. 1892, and + of the Independence of the United States the one hundred and sixteenth. +</p> +<p class="r"> + BENJ. HARRISON. +</p> +<p><br> +By the President:<br> + JAMES G. BLAINE,<br> + <i>Secretary of State</i>. +</p> +<p> </p><p> </p> + +<h3> + BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. +</h3> +<h4> + A PROCLAMATION. +</h4> +<p> + Whereas it is provided by section 13 of the act of Congress of March 3, + 1891, entitled "An act to amend Title LX, chapter 3, of the Revised + Statutes of the United States, relating to copyrights," that said act + "shall only apply to a citizen or subject of a foreign state or nation + when such foreign state or nation permits to citizens of the United + States of America the benefit of copyright on substantially the same + basis as its own citizens, or when such foreign state or nation is a + party to an international agreement which provides for reciprocity in + the granting of copyright, by the terms of which agreement the United + States of America may at its pleasure become a party to such agreement;" + and +</p> +<p> + Whereas it is also provided by said section that "the existence of + either of the conditions aforesaid shall be determined by the President + of the United States by proclamation made from time to time as the + purposes of this act may require;" and +</p> +<p> + Whereas in virtue of said section 13 of the aforesaid act of Congress + a copyright agreement was signed at Washington on January 15, 1892, in + the English and German languages, by the representatives of the United + States of America and the German Empire, a true copy of the English + version of which agreement is, word for word, as follows: +</p> +<p class="q"> + The President of the United States of America and His Majesty the + German Emperor, King of Prussia, in the name of the German Empire, + being actuated by the desire to extend to their subjects and citizens + the full benefit of the legal provisions in force in both countries + in regard to copyright, have to this end decided to conclude an + agreement and have appointed as their plenipotentiaries: +</p> +<p class="q"> + The President of the United States of America, James G. Blaine, + Secretary of State of the United States; +</p> +<p class="q"> + His Majesty the German Emperor, King of Prussia, Alfons Mumm von + Schwarzenstein, his chargé d'affaires near the Government of the United + States of America, who, being duly authorized, have concluded the + following agreement, subject to due ratification: +</p> +<p class="q"> + ARTICLE I. Citizens of the United States of America shall enjoy in + the German Empire the protection of copyright as regards works of + literature and art, as well as photographs, against illegal + reproduction, on the same basis on which such protection is granted + to subjects of the Empire. +</p> +<p class="q"> + ART. II. The United States Government engages in return that the + President of the United States shall, in pursuance of section 13 of + the act of Congress of March 3, 1891, issue the proclamation therein + provided for in regard to the extension of the provisions of that act + to German subjects as soon as the Secretary of State shall have been + officially notified that the present agreement has received the + necessary legislative sanction in the German Empire. +</p> +<p class="q"> + ART. III. This agreement shall be ratified and the ratifications shall + be exchanged at Washington as soon as possible. +</p> +<p class="q"> + The agreement shall go into operation at the expiration of three weeks + from the date of the exchange of its ratifications, and shall be + applicable only to works not published at the time when it shall have + gone into operation. It shall remain in force until the expiration of + three months from the day on which notice of a desire for the cessation + of its effects shall have been given by one of the contracting parties. +</p> +<p class="q"> + Done in duplicate in the English and German languages, at the city of + Washington, this 15th day of January, 1892. +</p> +<p class="q" style="text-align: right;"> + JAMES G. BLAINE. [SEAL.]<br> + A. v. MUMM. [SEAL.] +</p> +<p> + And whereas the official notification contemplated by Article II of the + said agreement has been received by this Government: +</p> +<p> + Now, therefore, I, Benjamin Harrison, President of the United States + of America, do declare and proclaim that the first of the conditions + specified in section 13 of the act of March 3, 1891, is now fulfilled + in respect to the subjects of the German Empire. +</p> +<p> + In testimony whereof I have hereunto set my hand and caused the seal of + the United States to be affixed. +</p> +<p> + [SEAL.] +</p> +<p> + Done at the city of Washington, the 15th day of April, 1892, and of the + Independence of the United States the one hundred and sixteenth. +</p> +<p class="r"> + BENJ. HARRISON. +</p> +<p><br> +By the President:<br> + JAMES G. BLAINE,<br> + <i>Secretary of State</i>. +</p> +<p> </p><p> </p> + +<h3> + BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. +</h3> +<h4> + A PROCLAMATION. +</h4> +<p> + Whereas, pursuant to section 3 of the act of Congress approved October + 1, 1890, entitled "An act to reduce the revenue and equalize duties on + imports, and for other purposes," the Secretary of State of the United + States of America communicated to the Government of Honduras the action + of the Congress of the United States of America, with a view to secure + reciprocal trade, in declaring the articles enumerated in said section 3 + to be exempt from duty upon their importation into the United States of + America; and +</p> +<p> + Whereas the consul-general of Honduras at New York has communicated to + the Secretary of State the fact that, in reciprocity for the admission + into the United States of America free of all duty of the articles + enumerated in section 3 of said act, the Government of Honduras will by + due legal enactment, as a provisional measure and until a more complete + arrangement may be negotiated and put in operation, admit free of all + duty, from and after May 25, 1892, into all the established ports of + entry of Honduras the articles or merchandise named in the following + schedule, provided that the same be the product or manufacture of the + United States: +</p> +<p class="q" style="text-align: center;"> + SCHEDULE OF PRODUCTS AND MANUFACTURES FROM THE UNITED STATES WHICH THE + REPUBLIC OF HONDURAS WILL ADMIT FREE OF ALL CUSTOMS, MUNICIPAL, AND ANY + OTHER KIND OF DUTY. +</p><p class="q"><br> + 1. Animals for breeding purposes. +<br> + 2. Corn, rice, barley, and rye. +<br> + 3. Beans. +<br> + 4. Hay and straw for forage. +<br> + 5. Fruits, fresh. +<br> + 6. Preparations of flour in biscuits, crackers not sweetened, + macaroni, vermicelli, and tallarin. +<br> + 7. Coal, mineral. +<br> + 8. Roman cement. +<br> + 9. Hydraulic lime. +<br> + 10. Bricks, fire bricks, and crucibles for melting. +<br> + 11. Marble, dressed, for furniture, statues, fountains, gravestones, + and building purposes. +<br> + 12. Tar, vegetable and mineral. +<br> + 13. Guano and other fertilizers, natural or artificial. +<br> + 14. Plows and all other agricultural tools and implements. +<br> + 15. Machinery of all kinds, including sewing machines, and separate + or extra parts of the same. +<br> + 16. Materials of all kinds for the construction and equipment of + railroads. +<br> + 17. Materials of all kinds for the construction and operation of + telegraphic and telephonic lines. +<br> + 18. Materials of all kinds for lighting by electricity and gas. +<br> + 19. Materials of all kinds for the construction of wharves. +<br> + 20. Apparatus for distilling liquors. +<br> + 21. Wood of all kinds for building, in trunks or pieces, beams, + rafters, planks, boards, shingles, or flooring. +<br> + 22. Wooden staves, heads, and hoops, and barrels and boxes for + packing, mounted or in pieces. +<br> + 23. Houses of wood or iron, complete or in parts. +<br> + 24. Wagons, carts, and carriages of all kinds. +<br> + 25. Barrels, casks, and tanks of iron for water. +<br> + 26. Tubes of iron and all other accessories necessary for water supply. +<br> + 27. Wire, barbed, and staples for fences. +<br> + 28. Plates of iron for building purposes. +<br> + 29. Mineral ores. +<br> + 30. Kettles of iron for making salt. +<br> + 31. Sugar boilers. +<br> + 32. Molds for sugar. +<br> + 33. Guys for mining purposes. +<br> + 34. Furnaces and instruments for assaying metals. +<br> + 35. Scientific instruments. +<br> + 36. Models of machinery and buildings. +<br> + 37. Boats, lighters, tackle, anchors, chains, girtlines, sails, and all + other articles for vessels, to be used in the ports, lakes, and + rivers of the Republic. +<br> + 38. Printing materials, including presses, type, ink, and all other + accessories. +<br> + 39. Printed books, pamphlets, and newspapers, bound or unbound, maps, + photographs, printed music, and paper for music. +<br> + 40. Paper for printing newspapers. +<br> + 41. Quicksilver. +<br> + 42. Loadstones. +<br> + 43. Hops. +<br> + 44. Sulphate of quinine. +<br> + 45. Gold and silver in bars, dust, or coin. +<br> + 46. Samples of merchandise the duties on which do not exceed $1. +</p> +<p> + It is understood that the packages or coverings in which the articles + named in the foregoing schedule are imported shall be free of duty if + they are usual and proper for the purpose. +</p> +<p> + And that the Government of Honduras has further stipulated that the laws + and regulations adopted to protect its revenue and prevent fraud in the + declarations and proof that the articles named in the foregoing schedule + are the product or manufacture of the United States of America shall + impose no additional charges on the importer nor undue restrictions on + the articles imported; and +</p> +<p> + Whereas the Secretary of State has, by my direction, given assurance + to the consul-general of Honduras at New York that this action of the + Government of Honduras in granting freedom of duties to the products and + manufactures of the United States of America on their importation into + Honduras and in stipulating for a more complete reciprocity arrangement + is accepted as a due reciprocity for the action of Congress as set forth + in section 3 of said act: +</p> +<p> + Now, therefore, be it known that I, Benjamin Harrison, President of the + United States of America, have caused the above-stated modifications of + the tariff laws of Honduras to be made public for the information of the + citizens of the United States of America. +</p> +<p> + In testimony whereof I have hereunto set my hand and caused the seal of + the United States to be affixed. +</p> +<p> + [SEAL.] +</p> +<p> + Done at the city of Washington, this 30th day of April, 1892, and of + the Independence of the United States of America the one hundred and + sixteenth. +</p> +<p class="r"> + BENJ. HARRISON. +</p> +<p><br> +By the President:<br> + JAMES G. BLAINE,<br> + <i>Secretary of State</i>. +</p> +<p> </p><p> </p> + +<h3> + BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. +</h3> +<h4> + A PROCLAMATION. +</h4> +<p> + Whereas, pursuant to section 3 of the act of Congress approved October + 1, 1890, entitled "An act to reduce the revenue and equalize duties on + imports, and for other purposes," the Secretary of State of the United + States of America communicated to the Government of Guatemala the action + of the Congress of the United States of America, with a view to secure + reciprocal trade, in declaring the articles enumerated in said section 3 + to be exempt from duty upon their importation into the United States of + America; and +</p> +<p> + Whereas the envoy extraordinary and minister plenipotentiary of + Guatemala at Washington has communicated to the Secretary of State the + fact that, in reciprocity for the admission into the United States of + America free of all duty of the articles enumerated in section 3 of said + act, the Government of Guatemala will by due legal enactment of the + National Congress of that Republic admit free of all duty, from and + after the 30th day after the passage of the said act by the Congress of + Guatemala, into all the established ports of entry of that Republic the + articles or merchandise named in the following schedule, provided that + the same be the product or manufacture of the United States: +</p> +<p class="q" style="text-align: center;"> + SCHEDULE OF ARTICLES THE PRODUCT OR MANUFACTURE OF THE UNITED STATES + TO BE ADMITTED INTO GUATEMALA FREE OF ALL CUSTOMS DUTIES AND OF ANY + NATIONAL OR MUNICIPAL DUES AND NATIONAL PORT CHARGES. +</p><p class="q"><br> + 1. Live animals. +<br> + 2. Barley, corn or maize, and rye. +<br> + 3. Corn meal. +<br> + 4. Potatoes, pease, and beans. +<br> + 5. Fresh vegetables. +<br> + 6. Rice. +<br> + 7. Hay and straw for forage. +<br> + 8. Tar, pitch, resin, turpentine, and asphalt. +<br> + 9. Cotton-seed oil and other products of said seed. +<br> + 10. Quicksilver. +<br> + 11. Mineral coal. +<br> + 12. Guano and other fertilizers. +<br> + 13. Lumber and timber, in the rough or prepared for building purposes. +<br> + 14. Houses of wood or iron, complete or in parts. +<br> + 15. Fire bricks, lime, cement, shingles, and tiles of clay or glass + for roofing and construction of buildings. +<br> + 16. Marble in slabs, columns, cornices, door and window frames, + and fountains, and dressed or undressed marble for buildings. +<br> + 17. Piping of clay, glazed or unglazed, for aqueducts and sewers. +<br> + 18. Wire, plain or barbed, for fences, with hooks and staples for same. +<br> + 19. Printed books, bound or unbound; printed music; maps, charts, + and globes. +<br> + 20. Materials for the construction and equipment of railways. +<br> + 21. Materials for electrical illumination. +<br> + 22. Materials expressly for the construction of wharves. +<br> + 23. Anchors and hoisting tackle. +<br> + 24. Railings of cast or wrought iron. +<br> + 25. Balconies of cast or wrought iron. +<br> + 26. Window blinds of wood or metal. +<br> + 27. Iron fireplaces or stoves. +<br> + 28. Machinery, including steam machinery for agriculture and mining, + and separate parts of the same. +<br> + 29. Gold and silver, in bullion, dust, or coin. +</p> +<p> + It is understood that the packages or coverings in which the articles + named in the foregoing schedule are imported shall enter free of duty + if they are usual and proper for the purpose. +</p> +<p> + And whereas the Government of Guatemala has further stipulated that the + laws and regulations adopted to protect its revenue and prevent fraud + in the declarations and proof that the articles named in the foregoing + schedule are the product or manufacture of the United States of America + shall impose no undue restrictions on the importer and no additional + charges on the articles imported; and +</p> +<p> + Whereas the Secretary of State has, by my direction, given assurance to + the envoy extraordinary and minister plenipotentiary of Guatemala at + Washington that this action of the Government of Guatemala in granting + freedom of duties to the products and manufactures of the United States + of America on their importation into Guatemala, is accepted as a due + reciprocity for the action of Congress as set forth in section 3 of said + act; and +</p> +<p> + Whereas the diplomatic representative of the United States of America at + the city of Guatemala has been advised by the Government of Guatemala + of the passage on April 30, 1892, of an act by the National Congress of + that Republic approving the commercial arrangement concluded between the + Governments of the two Republics and of the issue of a decree admitting, + on and after the 30th day of May, 1892, the articles mentioned in the + above schedule being the product or manufacture of the United States of + America into the ports of Guatemala free of all duties whatsoever: +</p> +<p> + Now, therefore, be it known that I, Benjamin Harrison, President of the + United States of America, have caused the above-stated modifications of + the tariff laws of Guatemala to be made public for the information of + the citizens of the United States of America. +</p> +<p> + In testimony whereof I have hereunto set my hand and caused the seal of + the United States to be affixed. +</p> +<p> + [SEAL.] +</p> +<p> + Done at the city of Washington, this 18th day of May, 1892, and of the + Independence of the United States of America the one hundred and + sixteenth. +</p> +<p class="r"> + BENJ. HARRISON. +</p> +<p><br> +By the President:<br> + JAMES G. BLAINE,<br> + <i>Secretary of State</i>. +</p> +<p> </p><p> </p> + +<h3> + BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. +</h3> +<h4> + A PROCLAMATION. +</h4> +<p> + Whereas, pursuant to section 3 of the act of Congress approved October + 1, 1890, entitled "An act to reduce the revenue and equalize duties on + imports, and for other purposes," the attention of the Government of + Austria-Hungary was called to the action of the Congress of the United + States of America, with a view to secure reciprocal trade, in declaring + the articles enumerated in said section 3 to be exempt from duty upon + their importation into the United States of America; and +</p> +<p> + Whereas the minister plenipotentiary of Austria-Hungary at Washington + has communicated to the Secretary of State the fact that, in view of the + act of Congress above cited, the Government of Austria-Hungary has by + due legal enactment authorized the admission, from and after May 25, + 1892, into Austria-Hungary of all the articles of merchandise the + product of the United States of America named in the commercial treaties + which Austria-Hungary has celebrated with Germany and other nations on + the terms stated in said treaties; and +</p> +<p> + Whereas the Secretary of State has, by my direction, given assurance to + the minister plenipotentiary of Austria-Hungary at Washington that this + action of the Government of Austria-Hungary in granting exemption of + duties to the products and manufactures of the United States of America + on their importation into Austria-Hungary is accepted as a due + reciprocity for the action of Congress as set forth in section 3 of said + act: +</p> +<p> + Now, therefore, be it known that I, Benjamin Harrison, President of the + United States of America, have caused the above-stated modifications of + the tariff laws of Austria-Hungary to be made public for the information + of the citizens of the United States of America. +</p> +<p> + In testimony whereof I have hereunto set my hand and caused the seal of + the United States to be affixed. +</p> +<p> + [SEAL.] +</p> +<p> + Done at the city of Washington, this 26th day of May, 1892, and of the + Independence of the United States of America the one hundred and + sixteenth. +</p> +<p class="r"> + BENJ. HARRISON. +</p> +<p><br> +By the President:<br> + WILLIAM F. WHARTON,<br> + <i>Acting Secretary of State</i>. +</p> +<p> </p><p> </p> + +<h3> + BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. +</h3> +<h4> + A PROCLAMATION. +</h4> +<p> + Whereas it is provided by section 24 of the act of Congress approved + March 3, 1891, entitled "An act to repeal timber-culture laws, and for + other purposes"— +</p> +<p class="q"> + That the President of the United States may from time to time set + apart and reserve in any State or Territory having public land bearing + forests, in any part of the public lands wholly or in part covered with + timber or undergrowth, whether of commercial value or not, as public + reservations; and the President shall by public proclamation declare + the establishment of such reservations and the limits thereof. +</p> +<p> + And whereas the public lands in the State of Oregon within the limits + hereinafter described are in part covered with timber, and it appears + that the public good would be promoted by setting apart and reserving + said lands as a public reservation: +</p> +<p> + Now, therefore, I, Benjamin Harrison, President of the United States, + by virtue of the power in me vested by section 24 of the aforesaid act + of Congress, do hereby make known and proclaim that there is hereby + reserved from entry or settlement and set apart as a public reservation + all those certain tracts, pieces, or parcels of land lying and being + situate in the State of Oregon and particularly described as follows, + to wit: +</p> +<p> + Beginning at the northwest corner of section six (6), township one (1) + south, range six (6) east, Willamette meridian; thence easterly on the + base line between townships one (1) north and one (1) south to the + southwest corner of section thirty-two (32), township one (1) north, + range six (6) east; thence northerly on the section line between + sections thirty-one (31) and thirty-two (32) to the northwest corner of + section thirty-two (32); thence easterly on the section line between + sections twenty-nine (29) and thirty-two (32) to the northeast corner of + section thirty-two (32); thence northerly on the section line between + sections twenty-eight (28) and twenty-nine (29) to the northwest corner + of section twenty-eight (28); thence easterly on the section line + between sections twenty-one (21) and twenty-eight (28) to the northeast + corner of section twenty-eight (28); thence northerly on the section + line between sections twenty-one (21) and twenty-two (22) to the + northwest corner of section twenty-two (22); thence easterly on the + section line between sections fifteen (15) and twenty-two (22) and + fourteen (14) and twenty-three (23) to the northeast corner of section + twenty-three (23); thence northerly along the section line between + sections thirteen (13) and fourteen (14) and eleven (11) and twelve (12) + to the northwest corner of section twelve (12); thence easterly on the + section line between sections one (1) and twelve (12) to the northeast + corner of section twelve (12); thence northerly on the eastern boundary + of section one (1) to the northeast corner of section one (1), all of + said sections being in township one (1) north, range six (6) east; + thence easterly to a point for the northeast corner of township one (1) + north, range seven (7) east; thence southerly to a point for the + southeast corner of section one (1), township one (1) north, range + seven (7) east; thence easterly to a point for the northeast corner of + section eight (8), township one (1) north, range eight (8) east; thence + southerly to a point for the northeast corner of section thirty-two (32) + of said township and range; thence easterly to a point for the northeast + corner of section thirty-three (33) of said township and range; thence + southerly to the southeast corner of section thirty-three (33) of said + township and range; thence westerly along the base line to the northwest + corner of section four (4), township one (1) south, range eight (8) + east; thence southerly on the section line between sections four (4) and + five (5) and eight (8) and nine (9) to the southeast corner of section + eight (8); thence easterly along the section line between sections nine + (9) and sixteen (16) to a point for the northeast corner of section + sixteen (16); thence southerly along the section line between sections + fifteen (15) and sixteen (16) to the southeast corner of section sixteen + (16); thence easterly along the section line between sections fifteen + (15) and twenty-two to the northeast corner of section twenty-two (22); + thence southerly between sections twenty-two (22), twenty-three (23), + twenty-six (26), twenty-seven (27), thirty-four (34), and thirty-five + (35) to the southeast corner of section thirty-four (34); thence + easterly along the southern boundary line of sections thirty-five (35) + and thirty-six (36) to the southeast corner of section thirty-six (36), + all of said sections being in township one (1) south, range eight (8) + east; thence southerly to a point for the southeast corner of township + two (2) south, range eight (8) east; thence westerly to the southeast + corner of township two (2) south, range seven (7) east; thence northerly + along the eastern boundary line of sections thirty-six (36), twenty-five + (25), twenty-four (24), and thirteen (13), township two (2) south, range + seven (7) east, to the southeast corner of section twelve (12) of said + township and range; thence westerly along the section line between + sections twelve (12) and thirteen (13), eleven (11) and fourteen (14), + ten (10) and fifteen (15), nine (9) and sixteen (16), eight (8) and + seventeen (17), and seven (7) and eighteen (18), township two (2) south, + range seven (7) east, and sections twelve (12) and thirteen (13), eleven + (11) and fourteen (14), ten (10) and fifteen (15), nine (9) and sixteen + (16), eight (8) and seventeen (17), and seven (7) and eighteen (18), + township two (2) south, range six (6) east, to the southwest corner of + section seven (7) of said township and range; thence northerly along the + western boundary of section seven (7) to the northwest corner of said + section, township two (2) south, range six (6) east; thence westerly on + the section line between sections one (1) and twelve (12), two (2) and + eleven (11), three (3) and ten (10), and four (4) and nine (9) to the + southwest corner of section four (4), township two (2) south, range five + (5) east; thence northerly on the section line between sections four (4) + and five (5) to the northwest corner of section four (4) in said + township and range; thence easterly on the township line between + townships one (1) and two (2) south, range five (5) east, to the + southwest corner of section thirty-five (35), township one (1) south, + range five (5) east; thence northerly on the section line between + sections thirty-four (34), thirty-five (35), twenty-six (26), + twenty-seven (27), twenty-two (22), and twenty-three (23) to the + northwest corner of section twenty-three (23) of said township and + range; thence easterly on the section line between sections fourteen + (14) and twenty-three (23), thirteen (13) and twenty-four (24), to the + northeast corner of section twenty-four (24) of said township and range; + thence northerly along the range line between ranges five (5) and six + (6) east to the place of beginning. +</p> +<p> + Excepting from the force and effect of this proclamation all lands which + may have been prior to the date hereof embraced in any legal entry or + covered by any lawful filing duly of record in the proper United States + land office, or upon which any valid settlement has been made pursuant + to law and the statutory period within which to make entry or filing + of record has not expired, and all mining claims duly located and held + according to the laws of the United States and rules and regulations + not in conflict therewith. +</p> +<p> + <i>Provided</i>, That this exception shall not continue to apply to any + particular tract of land unless the entryman, settler, or claimant + continues to comply with the law under which the entry, filing, + settlement, or location was made. +</p> +<p> + Warning is hereby expressly given to all persons not to enter or make + settlement upon the tract of land reserved by this proclamation. +</p> +<p> + In witness whereof I have hereunto set my hand and caused the seal of + the United States to be affixed. +</p> +<p> + [SEAL.] +</p> +<p> + Done at the city of Washington, this 17th day of June, A.D. 1892, and of + the Independence of the United States the one hundred and sixteenth. +</p> +<p class="r"> + BENJ. HARRISON. +</p> +<p><br> +By the President:<br> + WILLIAM F. WHARTON,<br> +<i>Acting Secretary of State</i>. +</p> +<p> </p><p> </p> + +<h3> + BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. +</h3> +<h4> + A PROCLAMATION. +</h4> +<p> + Whereas it is provided by section 24 of the act of Congress approved + March 3, 1891, entitled "An act to repeal timber-culture laws, and for + other purposes"— +</p> +<p class="q"> + That the President of the United States may from time to time set + apart and reserve in any State or Territory having public land bearing + forests, in any part of the public lands wholly or in part covered with + timber or undergrowth, whether of commercial value or not, as public + reservations; and the President shall by public proclamation declare + the establishment of such reservations and the limits thereof. +</p> +<p> + And whereas the public lands in the State of Colorado within the limits + hereinafter described are in part covered with timber, and it appears + that the public good would be promoted by setting apart and reserving + said lands as a public reservation: +</p> +<p> + Now, therefore, I, Benjamin Harrison, President of the United States, by + virtue of the power in me vested by section 24 of the aforesaid act of + Congress, do hereby make known and proclaim that there is hereby + reserved from entry or settlement and set apart as a public reservation + all those certain tracts, pieces, or parcels of land lying and being + situate in the State of Colorado and particularly described as follows, + to wit: +</p> +<p> + Township ten (10) south of ranges sixty-eight (68), sixty-nine (69), and + seventy (70) west; township nine (9) south of ranges sixty-eight (68) + and sixty-nine (69) west; township eight (8) south of range sixty-nine + (69) west, and so much of township ten (10) south of range seventy-one + (71) west, township nine (9) south of range seventy (70) west, township + eight (8) south of range seventy (70) west, and township seven (7) south + of range sixty-nine (69) west as lie to the eastward of the South Platte + River. +</p> +<p> + Excepting from the force and effect of this proclamation all lands which + may have been prior to the date hereof embraced in any legal entry or + covered by any lawful filing duly of record in the proper United States + land office, or upon which any valid settlement has been made pursuant + to law and the statutory period within which to make entry or filing of + record has not expired, and all mining claims duly located and held + according to the laws of the United States and rules and regulations not + in conflict therewith. +</p> +<p> + <i>Provided</i>, That this exception shall not continue to apply to any + particular tract of land unless the entryman, settler, or claimant + continues to comply with the law under which the entry, filing, + settlement, or location was made. +</p> +<p> + Warning is hereby expressly given to all persons not to enter or make + settlement upon the tract of land reserved by this proclamation. +</p> +<p> + In witness whereof I have hereunto set my hand and caused the seal of + the United States to be affixed. +</p> +<p> + [SEAL.] +</p> +<p> + Done at the city of Washington, this 23d day of June, A.D. 1892, and of + the Independence of the United States the one hundred and sixteenth. +</p> +<p class="r"> + BENJ. HARRISON. +</p> +<p><br> +By the President:<br> + WILLIAM F. WHARTON,<br> + <i>Acting Secretary of State</i>. +</p> +<p> </p><p> </p> + +<h3> + BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. +</h3> +<h4> + A PROCLAMATION. +</h4> +<p> + <i>To whom it may concern</i>: +</p> +<p> + Whereas the governor of the State of Idaho has represented to me that + within said State there exist an insurrection and condition of domestic + violence and resistance to the laws to meet and overcome which the + resources at his command are unequal; and +</p> +<p> + Whereas he has further represented that the legislature of said State + is not now in session and can not be promptly convened; and +</p> +<p> + Whereas by reason of said conditions the said governor, as chief + executive of the State, has called upon me, as Chief Executive of the + Government of the United States, for assistance in repressing said + violence and restoring and maintaining the peace: +</p> +<p> + Now, therefore, I, Benjamin Harrison, President of the United States, + by virtue of section 4, Article IV, of the Constitution of the United + States and of the laws of Congress enacted in pursuance thereof, + do hereby command all persons engaged in said insurrection and in + resistance to the laws to immediately disperse and retire peaceably + to their respective abodes. +</p> +<p> + In witness whereof I have hereunto set my hand and caused the seal of + the United States to be affixed. +</p> +<p> + [SEAL.] +</p> +<p> + Done at the city of Washington, this 15th day of July, A.D. 1892, and of + the Independence of the United States the one hundred and seventeenth. +</p> +<p class="r"> + BENJ. HARRISON. +</p> +<p><br> +By the President:<br> + JOHN W. FOSTER,<br> + <i>Secretary of State</i>. +</p> +<p> </p><p> </p> + +<h3> + BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. +</h3> +<h4> + A PROCLAMATION. +</h4> +<p> + Whereas by a joint resolution approved June 29, 1892, it was resolved by + the Senate and House of Representatives of the United States of America + in Congress assembled— +</p> +<p class="q"> + That the President of the United States be authorized and directed to + issue a proclamation recommending to the people the observance in all + their localities of the four hundredth anniversary of the discovery of + America, on the 21st of October, 1892, by public demonstrations and by + suitable exercises in their schools and other places of assembly. +</p> +<p> + Now, therefore, I, Benjamin Harrison, President of the United States + of America, in pursuance of the aforesaid joint resolution, do hereby + appoint Friday, October 21, 1892, the four hundredth anniversary of the + discovery of America by Columbus, as a general holiday for the people of + the United States. On that day let the people, so far as possible, cease + from toil and devote themselves to such exercises as may best express + honor to the discoverer and their appreciation of the great achievements + of the four completed centuries of American life. +</p> +<p> + Columbus stood in his age as the pioneer of progress and enlightenment. + The system of universal education is in our age the most prominent and + salutary feature of the spirit of enlightenment, and it is peculiarly + appropriate that the schools be made by the people the center of the + day's demonstration. Let the national flag float over every schoolhouse + in the country and the exercises be such as shall impress upon our youth + the patriotic duties of American citizenship. +</p> +<p> + In the churches and in the other places of assembly of the people let + there be expressions of gratitude to Divine Providence for the devout + faith of the discoverer and for the divine care and guidance which has + directed our history and so abundantly blessed our people. +</p> +<p> + In testimony whereof I have hereunto set my hand and caused the seal of + the United States to be affixed. +</p> +<p> + [SEAL.] +</p> +<p> + Done at the city of Washington, this 21st day of July, A.D. 1892, and of + the Independence of the United States the one hundred and seventeenth. +</p> +<p class="r"> + BENJ. HARRISON. +</p> +<p><br> +By the President:<br> + JOHN W. FOSTER,<br> + <i>Secretary of State</i>. +</p> +<p> </p><p> </p> + +<h3> + BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. +</h3> +<h4> + A PROCLAMATION. +</h4> +<p> + Whereas by reason of unlawful obstructions, combinations, and + assemblages of persons it has become impracticable, in my judgment, to + enforce by the ordinary course of judicial proceedings the laws of the + United States within the State and district of Wyoming, the United + States marshal, after repeated efforts, being unable by his ordinary + deputies or by any civil posse which he is able to obtain to execute the + process of the United States courts: +</p> +<p> + Now, therefore, be it known that I, Benjamin Harrison, President of the + United States, do hereby command all persons engaged in such resistance + to the laws and the process of the courts of the United States to cease + such opposition and resistance and to disperse and retire peaceably to + their respective abodes on or before Wednesday, the 3d day of August + next. +</p> +<p> + In witness whereof I have hereunto set my hand and caused the seal of + the United States to be affixed. +</p> +<p> + [SEAL.] +</p> +<p> + Done at the city of Washington, this 30th day of July, A.D. 1892, and of + the Independence of the United States the one hundred and seventeenth. +</p> +<p class="r"> + BENJ. HARRISON. +</p> +<p><br> +By the President:<br> + JOHN W. FOSTER,<br> + <i>Secretary of State</i>. +</p> +<p> </p><p> </p> + +<h3> + BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. +</h3> +<h4> + A PROCLAMATION. +</h4> +<p> + Whereas by an act of Congress approved July 26, 1892, entitled "An act + to enforce reciprocal commercial relations between the United States and + Canada, and for other purposes," it is provided— +</p> +<p class="q"> + That with a view of securing reciprocal advantages for the citizens, + ports, and vessels of the United States, on and after the 1st day + of August, 1892, whenever and so often as the President shall be + satisfied that the passage through any canal or lock connected with the + navigation of the St. Lawrence River, the Great Lakes, or the waterways + connecting the same of any vessels of the United States, or of cargoes + or passengers in transit to any port of the United States, is + prohibited or is made difficult or burdensome by the imposition of + tolls or otherwise which, in view of the free passage through the St. + Marys Falls Canal now permitted to vessels of all nations, he shall + deem to be reciprocally unjust and unreasonable, he shall have the + power, and it shall be his duty, to suspend, by proclamation to that + effect, for such time and to such extent (including absolute + prohibition) as he shall deem just, the right of free passage through + the St. Marys Falls Canal so far as it relates to vessels owned by the + subjects of the government so discriminating against the citizens, + ports, or vessels of the United States or to any cargoes, portions of + cargoes, or passengers in transit to the ports of the government making + such discrimination, whether carried in vessels of the United States or + of other nations. +</p> +<p class="q"> + In such case and during such suspension tolls shall be levied, + collected, and paid as follows, to wit: Upon freight of whatever kind + or description not to exceed $2 per ton, upon passengers not to exceed + $5 each, as shall be from time to time determined by the President: + <i>Provided</i>, That no tolls shall be charged or collected upon freight + or passengers carried to and landed at Ogdensburg, or any port west of + Ogdensburg and south of a line drawn from the northern boundary of the + State of New York through the St. Lawrence River, the Great Lakes, and + their connecting channels to the northern boundary of the State of + Minnesota. +</p> +<p class="q"> + SEC. 2. All tolls so charged shall be collected under such + regulations as shall be prescribed by the Secretary of the Treasury, + who may require the master of each vessel to furnish a sworn statement + of the amount and kind of cargo and the number of passengers carried + and the destination of the same, and such proof of the actual delivery + of such cargo or passengers at some port or place within the limits + above named as he shall deem satisfactory; and until such proof is + furnished such freight and passengers may be considered to have been + landed at some port or place outside of those limits, and the amount + of tolls which would have accrued if they had been so delivered shall + constitute a lien, which may be enforced against the vessel in default + wherever and whenever found in the waters of the United States. +</p> +<p> + And whereas the government of the Dominion of Canada imposes a toll + amounting to about 20 cents per ton on all freight passing through the + Welland Canal in transit to a port of the United States, and also a + further toll on all vessels of the United States and on all passengers + in transit to a port of the United States, all of which tolls are + without rebate; and +</p> +<p> + Whereas the government of the Dominion of Canada, in accordance with + an order in council of April 4, 1892, refunds 18 cents per ton of the + 20-cent toll at the Welland Canal on wheat, Indian corn, pease, barley, + rye, oats, flaxseed, and buckwheat upon condition that they are + originally shipped for and carried to Montreal or some port east of + Montreal for export, and that if transshipped at an intermediate point + such transshipment is made within the Dominion of Canada, but allows no + such nor any other rebate on said products when shipped to a port of + the United States or when carried to Montreal for export if transshipped + within the United States; and +</p> +<p> + Whereas the government of the Dominion of Canada by said system of + rebate and otherwise discriminates against the citizens of the United + States in the use of said Welland Canal, in violation of the provisions + of Article XXVII of the treaty of Washington concluded May 8, 1871; and +</p> +<p> + Whereas said Welland Canal is connected with the navigation of the Great + Lakes, and I am satisfied that the passage through it of cargoes in + transit to ports of the United States is made difficult and burdensome + by said discriminating system of rebate and otherwise and is + reciprocally unjust and unreasonable: +</p> +<p> + Now, therefore, I, Benjamin, Harrison, President of the United States of + America, by virtue of the power to that end conferred upon me by said + act of Congress approved July 26, 1892, do hereby direct that from and + after September 1, 1892, until further notice a toll of 20 cents per + ton be levied, collected, and paid on all freight of whatever kind or + description passing through the St. Marys Falls Canal in transit to any + port of the Dominion of Canada, whether carried in vessels of the United + States or of other nations; and to that extent I do hereby suspend from + and after said date the right of free passage through said St. Marys + Falls Canal of any and all cargoes or portions of cargoes in transit + to Canadian ports. +</p> +<p> + In testimony whereof I have hereunto set my hand and caused the seal of + the United States to be affixed. +</p> +<p> + [SEAL.] +</p> +<p> + Done at the city of Washington, this 18th day of August, A.D. 1892, and + of the Independence of the United States of America the one hundred and + seventeenth. +</p> +<p class="r"> + BENJ. HARRISON. +</p> +<p><br> +By the President:<br> + JOHN W. FOSTER,<br> + <i>Secretary of State</i>. +</p> +<p> </p><p> </p> + +<h3> + BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. +</h3> +<h4> + A PROCLAMATION. +</h4> +<p> + Whereas by a written agreement made on the 8th day of December, 1890, + the Crow tribe of Indians, in the State of Montana, agreed to dispose + of and sell to the United States, for certain considerations in said + agreement specified, all that portion of the Crow Indian Reservation + in the State of Montana lying west and south of the following lines, + to wit: +</p> +<p class="q"> + Beginning in the mid-channel of the Yellowstone River at a point which + is the northwest corner of section No. 36, township No. 2 north of + range 27 east of the principal meridian of Montana; thence running in + a southwesterly direction, following the top of the natural divide + between the waters flowing into the Yellowstone and Clarks Fork rivers + upon the west and those flowing into Pryor Creek and West Pryor Creek + on the east, to the base of West Pryor Mountain; thence due south and + up the north slope of said Pryor Mountain on a true meridian line to a + point 15 miles due north from the established line between Montana and + Wyoming; thence in a due easterly course on a parallel of latitude to a + point where it intersects the mid-channel of the Big Horn River; thence + following up the mid-channel of said river to a point where it crosses + the Montana and Wyoming State line. +</p> +<p> + And whereas it is stipulated in the eleventh clause or section of said + agreement that all lands upon that portion of the reservation by said + agreement ceded which prior to the date thereof had been allotted in + severalty to Indians of the Crow tribe shall be retained and enjoyed by + them; and +</p> +<p> + Whereas it is provided in the twelfth clause or section of said + agreement that, in accordance with the provisions of article 6 of the + treaty of May 7, A.D. 1868, said cession of lands shall not be construed + to deprive without his or her consent any individual Indian of the Crow + tribe of his or her right to any tract of land selected by him or her in + conformity with said treaty or as provided by the agreement approved by + Congress April 11, A.D. 1882; and +</p> +<p> + Whereas it is further provided in said twelfth clause or section that in + ratifying said agreement the Congress of the United States shall cause + all such lands to be surveyed and certificates duly issued for the same + to said Indians, as provided in the treaty of May 7, 1868, before said + ceded portion of the reservation shall be opened for settlement; and +</p> +<p> + Whereas by the thirteenth clause or section of said agreement of + December 8, 1890, it is made a condition of said agreement that it + shall not be binding upon either party until ratified by the Congress of + the United States, and when so ratified that said cession of lands so + acquired by the United States shall not be opened for settlement until + the boundary lines set forth and described in said agreement have been + surveyed and definitely marked by suitable permanent monuments, erected + every half mile wherever practicable, along the entire length of said + boundary line; and +</p> +<p> + Whereas said agreement was duly ratified and confirmed by the + thirty-first section of the act of Congress approved March 3, 1891; and +</p> +<p> + Whereas it is provided in section 34 of said act of March 3, 1891— +</p> +<p class="q"> + That whenever any of the lands acquired by the agreement with said + Crow Indians hereby ratified and confirmed shall by operation of law + or the proclamation of the President of the United States be open to + settlement, they shall, except mineral lands, be disposed of to actual + settlers only under the provisions of the homestead laws, except + section 2301 of the Revised Statutes, which shall not apply: <i>Provided, + however</i>, That each settler under and in accordance with the provisions + of said homestead laws shall before receiving a patent for his + homestead pay to the United States for the land so taken by him, in + addition to the fees provided by law, and within five years from the + date of the first original entry, the sum of $1.50 for each acre + thereof, one-half of which shall be paid within two years; and any + person otherwise qualified who has attempted to but for any cause + failed to secure a title in fee to a homestead under existing law, or + who made entry under what is known as the commuted provision of the + homestead law, shall be qualified to make a homestead entry upon any + of said lands in conformity with the provisions of this section; that + any person who may be entitled to the privilege of selecting land in + severalty under the provisions of article 6 of the treaty of May 7, + 1868, with the Crow Indians, and which provisions were continued in + force by the agreement with said Indians ratified and confirmed by + the act of Congress approved April 11, 1882, or any other act or + treaty, shall have the right for a period of sixty days to make such + selections in any part of the territory by said agreement ceded, and + such locations are hereby confirmed: <i>Provided further</i>, That all + white persons who located upon said Crow Reservation by reason of an + erroneous survey of the boundary and were afterwards allowed to file + upon their location in the United States land office shall have thirty + days in which to renew their filings, and their locations are hereby + confirmed; and that in all cases where claims were located under the + mining laws of the United States, and such location was made prior to + December 1, 1890, by a locator qualified therefor who believed that he + or she was so locating on lands outside the Crow Indian Reservation, + such locator shall be allowed thirty days within which to relocate the + said mining claims so theretofore located by them within the limits + of the ceded portion of said Crow Indian Reservation, and upon such + relocation such proceedings shall be had as are conformable to law + and in accordance with the provisions of this act. +</p> +<p> + And whereas the boundary lines of said ceded lands have been duly + surveyed and marked as stipulated in the thirteenth clause or section of + said agreement; and +</p> +<p> + Whereas a written agreement was concluded with said Crow Indians on the + 27th day of August, 1892, under and by virtue of the following clause in + the Indian appropriation act of Congress approved July 13, 1892, to wit: +</p> +<p class="q"> + * * * To enable the Secretary of the Interior, in his discretion, to + appoint a commission to negotiate with the Crow Indians of Montana for + a modification of the agreement concluded with said Indians December 8, + 1890, and ratified by Congress March 3, 1891, and to pay the necessary + and actual expenses of said commissioners: <i>Provided</i>, That no such + modification shall be valid unless assented to by a majority of the + male adult members of the Crow tribe of Indians and be approved by the + Secretary of the Interior. +</p> +<p> + Which said agreement was assented to by a majority of the male adult + members of the Crow tribe of Indians, as attested by their signatures + thereto, and has been duly approved by the Secretary of the Interior; + and +</p> +<p> + Whereas it is stipulated and agreed in the first clause or section of + said agreement of August 27, 1892, that the persons named in a schedule + attached to and made a part of said agreement, marked "Schedule A," + include all the members of said Crow tribe who are entitled to the + benefits of the eleventh section of said agreement of December 8, 1890, + and that each of said persons is entitled to the land therein described + as his selection in full satisfaction of his claim under said section; + and that the persons named in a schedule attached to and made a part of + said agreement of August 27, 1892, marked "Schedule B," include all the + members of said tribe who are entitled to the benefits of the twelfth + section of said agreement of December 8, 1890, and of the proviso of the + thirty-fourth section of the act of Congress approved March 3, 1891, + extending the privilege of making selections on the ceded lands for a + period of sixty days, and that each of the said persons therein named is + entitled to retain the tract of land theretofore selected by him within + the limits of the tract of land therein described as containing his + selection of his claim under the said section (or the said proviso); and +</p> +<p> + Whereas it is stipulated and agreed by the second clause or section + of said agreement of August 27, 1892, that all lands ceded by said + agreement may be opened to settlement, upon the approval of the said + agreement, by proclamation of the President: +</p> +<p class="q"> + <i>Provided</i>, That all lands within the ceded tract selected or set + apart for the use of individual Indians and described in the aforesaid + Schedules "A" and "B" shall be exempt from cession and shall remain + a part of the Crow Indian Reservation, and shall continue under the + exclusive control of the Interior Department until they shall have been + surveyed and certificates or patents issued therefor as provided in the + agreement of December 8, 1890, or until relinquished or surrendered by + the Indian or Indians claiming the same: <i>Provided further</i>, That such + lands shall be described as set forth in Schedules "A" and "B," and + shall be exempted from settlement in the proclamation of the President + opening the ceded lands, and that where lands so set apart are not + described by legal subdivisions then the township or section or tract of + land within whose limits such Indians' selections are located shall not + be opened to settlement until the Indian allotments therein contained + shall have been surveyed and proper evidence of title issued therefor. +</p> +<p> + Now, therefore, I, Benjamin Harrison, President of the United States, + by virtue of the power in me vested by the agreements and statutes + hereinbefore mentioned and by other the laws of the United States, do + hereby declare and make known that all of the lands within that portion + of the Crow Indian Reservation in Montana ceded to the United States + by the said agreement of December 8, 1890, and hereinbefore described, + except those hereinafter mentioned and described, are open to settlement + under the terms of and subject to all the conditions, limitations, + reservations, and restrictions contained in the thirty-fourth section of + the act of Congress approved March 3, 1891, and hereinbefore quoted, and + other laws applicable thereto. +</p> +<p> + The lands exempted from the operation of this proclamation, being those + embraced in Schedules "A" and "B" attached to the agreement of August + 27, 1892, are described as follows: +</p> +<p class="q" style="text-align: center;"> + 1.—SURVEYED LANDS. +</p> +<p class="q"> + IN TOWNSHIP 1 NORTH, RANGE 26 EAST. +</p> +<p class="q"> + Fractional section 24; the north half, the east half of southeast + quarter, and west half of southwest quarter of fractional section 25; + fractional section 26; lot 5 of fractional section 34; the north half + of northeast quarter and the northeast quarter of northwest quarter + of section 35; and the northeast quarter of northeast quarter of + section 36. +</p> +<p class="q"> + IN TOWNSHIP 1 NORTH, RANGE 27 EAST. +</p> +<p class="q"> + Fractional section 7; lots 1, 2, 3, 4, 5, and 6, the southwest quarter + of northeast quarter, the southeast quarter, and the south half of the + southwest quarter of fractional section 8; the south half of northwest + quarter of section 9; the north half of the northwest quarter and the + southwest quarter of the northwest quarter of section 17; fractional + section 18; the north half and the southwest quarter of section 19. +</p> +<p class="q"> + IN TOWNSHIP 3 SOUTH, RANGE 24 EAST. +</p> +<p class="q"> + The north half of the southwest quarter of section 3; the southeast + quarter of the northeast quarter and lots 2, 3, and 4 of section 4; + fractional section 5; the southeast quarter and the south half of the + southwest quarter of section 6; section 7; west half of section 8; + the east half of the northwest quarter and the southwest quarter of + the northwest quarter of section 17; lots 1, 2, 3, 4, 5, and 6, the + northeast quarter of the northeast quarter, the south half of the + northeast quarter, and the southeast quarter of the northwest quarter + and the south half of section 18; lots 1, 3, 4, and 5 and the east half + of southwest quarter, section 19; and lots 1, 2, 3, and 4 in section 30. +</p> +<p class="q"> + IN TOWNSHIP 4 SOUTH, RANGE 23 EAST. +</p> +<p class="q"> + Lots 4, 5, 6, 7, 8, 9, and 13, the south half of northwest quarter, the + southeast quarter of southeast quarter, and the northeast quarter of the + southwest quarter, section 1; section 2; the north half, the southeast + quarter, and the north half of southwest quarter, section 3; section 4; + the east half and the southwest quarter of section 8; the north half + and the southwest quarter of section 9; the east half and the southwest + quarter of section n; section 12; the north half, the south half of the + southeast quarter, the east half of the southwest quarter, and lots 1, + 2, and 3 of section 13; the north half, the southeast quarter, and the + south half of the southwest quarter of section 14; the north half of + section 17; the north half, the east half of the southeast quarter, and + the north half of the southwest quarter of section 18; the northwest + quarter of section 19; the east half and the northwest quarter of + section 20; the south half of the northwest quarter of section 22; all + of section 23 except the northwest quarter of northwest quarter; section + 24; lots 2 and 3 in section 25; the north half of northeast quarter, the + northwest quarter, the north half of the southwest quarter, and lots 1, + 2, 5, 6, 7, and 8 of section 26; the south half of the southeast quarter + of section 27; the northwest quarter of section 33; the fractional east + half and the southwest quarter of section 34; lots 2, 3, 4, 5, 6, 7, 9, + and 10 of section 35. +</p> +<p class="q"> + IN TOWNSHIP 5 SOUTH OF RANGE 23 EAST. +</p> +<p class="q"> + Lot 5 and southwest quarter of northwest quarter of section 2; lots 1, + 2, 6, 7, 8, 9, 12, and 14 and southeast quarter of southeast quarter + of section 3; the fractional east half, the south half of northwest + quarter, and the southwest quarter of section 4; the south half of the + northeast quarter and the north half of the southeast quarter of section + 7; the south half of the north half and the south half of section 8; + lots 1, 2, 3, 4, 6, 7, and 8 and the west half of section 9; lots 1, 2, + 3, and 4, the west half of the northeast quarter, and the south half of + section 10; the northwest quarter of section 15; section 16; the east + half of the northeast quarter and the south half of section 17; the + northwest quarter of the northeast quarter, the southeast quarter of the + southeast quarter, the west half, and lots 1, 2, 4, and 5, section 20; + the southwest quarter of section 21; the west half of southwest quarter, + section 26; the south half of section 27; the west half of the northeast + quarter, the northwest quarter, and the south half of section 28; lots + 1, 2, 3, 4, 6, and 7, the northwest quarter, the south half of the + southeast quarter, and the west half of the southwest quarter of section + 29; the northeast quarter of northeast quarter, the northeast quarter + of the southeast quarter, and the south half of the southeast quarter + of section 30; the northeast quarter, the northeast quarter of the + northwest quarter, and the southeast quarter of section 31; lots 3, 4, + 5, 6, 9, and 10, the southwest quarter of the southeast quarter, and the + southwest quarter of section 32; lot 1, the north half of the northeast + quarter, and the northwest quarter of section 33; and the west half of + the northeast quarter and the northwest quarter of section 34. +</p> +<p class="q" style="text-align: center;"> + 2.—UNSURVEYED LANDS WHICH WHEN SURVEYED WILL BE DESCRIBED AS FOLLOWS: +</p> +<p class="q"> + IN TOWNSHIP 1 NORTH OF RANGE 15 EAST. +</p> +<p class="q"> + The southwest quarter of the northwest quarter, the northwest quarter + of the southwest quarter, and the south half of the southwest quarter + of section 27; the southeast quarter of the northeast quarter and the + east half of the southeast quarter of section 28; the east half of the + northeast quarter of section 33; the north half, the north half of the + southeast quarter, and the northeast quarter of the southwest quarter + of section 34; the south half of the north half and the south half of + section 35; and the southwest quarter of the northwest quarter, the + southeast quarter, the north half of the southwest quarter, and the + southwest quarter of the southwest quarter of section 36. +</p> +<p class="q"> + IN TOWNSHIP 1 NORTH, RANGE 16 EAST. +</p> +<p class="q"> + The southwest quarter of the southwest quarter of section 31. +</p> +<p class="q"> + IN TOWNSHIP 1 SOUTH OF RANGE 15 EAST. +</p> +<p class="q"> + The north half of the north half and the southeast quarter of the + northeast quarter of section 1. +</p> +<p class="q"> + IN TOWNSHIP 1 SOUTH OF RANGE 16. +</p> +<p class="q"> + The north half of the northeast quarter and the southwest quarter of + the northwest quarter of section 6, and the southeast quarter of the + northeast quarter of section 24. +</p> +<p class="q"> + IN TOWNSHIP 1 SOUTH OF RANGE 18 EAST. +</p> +<p class="q"> + The southeast quarter of the southwest quarter of section 27; the + northwest quarter of the southeast quarter and the south half of the + southeast quarter of section 28; the north half of the northeast quarter + of section 33; and the northeast quarter and the east half of the + northwest quarter of section 34. +</p> +<p class="q"> + IN TOWNSHIP 1 SOUTH OF RANGE 17 EAST. +</p> +<p class="q"> + The east half of the northeast quarter, the east half of the northwest + quarter, the southwest quarter of the northwest quarter, the northwest + quarter of the southeast quarter, and the northeast quarter of the + southwest quarter of section 19; the south half of the southeast quarter + and the southeast quarter of the southwest quarter of section 28; and + the north half of the northeast quarter and the northeast quarter of the + northwest quarter of section 33. +</p> +<p class="q"> + IN TOWNSHIP 1 SOUTH OF RANGE 25 EAST. +</p> +<p class="q"> + The northeast quarter of the southeast quarter, the south half of the + southeast quarter, and the southeast quarter of the southwest quarter of + section 25, and the northeast Quarter of the northwest quarter and the + west half of section 36. +</p> +<p class="q"> + IN TOWNSHIP 1 SOUTH OF RANGE 26 EAST. +</p> +<p class="q"> + The south half of the southeast quarter of section 19; the southeast + quarter, the northeast quarter of the southwest quarter, and the south + half of the southwest quarter of section 20; the west half of the + southwest quarter of section 21; the west half of the northwest quarter + of section 28; the north half and the northwest quarter of the southwest + quarter of section 29; the north half of the northeast quarter, the + southeast quarter of the northeast quarter, the southwest quarter of the + northwest quarter, the north half of the southeast quarter, and the + southwest quarter of section 30. +</p> +<p class="q"> + IN TOWNSHIP 2 SOUTH OF RANGE 13 EAST. +</p> +<p class="q"> + The southwest quarter of the northwest quarter and the northwest quarter + of the southwest quarter of section 27; the southeast quarter of the + northeast quarter and the east half of the southeast quarter of section + 28; and the east half, the east half of the northwest quarter, the + northeast quarter of the southeast quarter, and the northeast quarter + of the southwest quarter of section 33. +</p> +<p class="q"> + IN TOWNSHIP 2 SOUTH OF RANGE 18 EAST. +</p> +<p class="q"> + The southeast quarter and the east half of the southwest quarter of + section 1. +</p> +<p class="q"> + IN TOWNSHIP 2 SOUTH OF RANGE 20 EAST. +</p> +<p class="q"> + The east half, the east half of the northwest quarter, the southwest + quarter of the northwest quarter, and the north half of the southwest + quarter of section 28; the northeast quarter and the north half of + the southeast quarter of section 29; the south half of the northeast + quarter, the north half of the southeast quarter, and the southeast + quarter of the southeast quarter of section 34; the south half of the + north half and the south half of section 35; and the southwest quarter + of the northwest quarter, the northwest quarter of the southeast + quarter, the south half of the southeast quarter, and the southwest + quarter of section 36. +</p> +<p class="q"> + IN TOWNSHIP 2 SOUTH OF RANGE 21 EAST. +</p> +<p class="q"> + The west half of the northeast quarter, the northwest quarter of the + southeast quarter, the east half of the west half, and the southwest + quarter of the southwest quarter of section 32. +</p> +<p class="q"> + IN TOWNSHIP 2 SOUTH OF RANGE 24 EAST. +</p> +<p class="q"> + The northeast quarter of the southeast quarter and the south half of the + southeast quarter of section 21; the northeast quarter, the north half + of the southeast quarter, and the southwest quarter of section 22; the + west half of the northwest quarter of section 27; the northeast quarter + of section 28; and the northeast quarter, the southeast quarter of the + northwest quarter, the north half of the southeast quarter, and the + southwest quarter of section 29. +</p> +<p class="q"> + IN TOWNSHIP 3 SOUTH OF RANGE 18 EAST. +</p> +<p class="q"> + The west half of section 14; the west half of the northeast quarter and + the east half of the northwest quarter of section 23; the southwest + quarter of the northeast quarter, the southeast quarter of the northwest + quarter, the northwest quarter of the southeast quarter, and the + northeast quarter of the southwest quarter of section 31; the northeast + quarter, the south half of the northwest quarter, and the north half of + the southwest quarter of section 32; the south half of the northeast + quarter and the southeast quarter of section 33; the southwest quarter + of the northeast quarter and the south half of the northwest quarter, + the west half of the southeast quarter, and the southwest quarter of + section 34; the south half of section 35; and the southeast quarter of + the northeast quarter and the southeast quarter of section 36. +</p> +<p class="q"> + IN TOWNSHIP 3 SOUTH OF RANGE 19 EAST. +</p> +<p class="q"> + The northeast quarter, the north half of the southeast quarter, the + southwest quarter of the southeast quarter, and the east half of the + southwest quarter of section 12; the northwest quarter of section 29; + the east half of the northeast quarter, the southwest quarter of the + northeast quarter, the southeast quarter of the northwest quarter, and + the south half of section 30; and the southwest quarter of the northwest + quarter and the west half of the southwest quarter of section 31. +</p> +<p class="q"> + IN TOWNSHIP 3 SOUTH OF RANGE 20 EAST. +</p> +<p class="q"> + The northeast quarter, the north half of the northwest quarter, the + southeast quarter of the northwest quarter, and the northeast quarter + of the southeast quarter of section 1; the north half of the northeast + quarter and the northeast quarter of the northwest quarter of section 2; + the north half of the northwest quarter, the southwest quarter of the + northwest quarter, and the west half of the southwest quarter of section + 5; the southeast quarter of the northeast quarter, the southeast + quarter, and the southeast quarter of the southwest quarter of section + 6; and the west half of the northeast quarter and the northwest quarter + of section 7. +</p> +<p class="q"> + IN TOWNSHIP 3 SOUTH OF RANGE 21 EAST. +</p> +<p class="q"> + The northwest quarter of the southwest quarter and the south half of the + southwest quarter of section 5; the east half of the southeast quarter + and the west half of section 6; the northeast quarter of the northeast + quarter of section 7; and the north half of the northwest quarter of + section 8. +</p> +<p class="q"> + IN TOWNSHIP 3 SOUTH OF RANGE 23 EAST. +</p> +<p class="q"> + The southeast quarter of the northeast quarter and the east half of + the southeast quarter of section 12; the east half of section 13; the + southeast quarter of the southeast quarter of section 23; the southeast + quarter of the northeast quarter, the east half of the southeast + quarter, and the southwest quarter of the southwest quarter of section + 24; the east half of the east half, the west half of the northwest + quarter, and the southwest quarter of section 25; the northeast quarter + of the southeast quarter and the south half of the southeast quarter + of section 26; the south half of the south half of section 34; the + northeast quarter, the north half of the southeast quarter, the + southwest quarter of the southeast quarter, and the south half of + the southwest quarter of section 35; and the northwest quarter of + section 36. +</p> +<p class="q"> + IN TOWNSHIP 4 SOUTH OF RANGE 18 EAST. +</p> +<p class="q"> + The northwest quarter of the northeast quarter and the north half of the + northwest quarter of section 3; the north half of the northeast quarter + of section 4; the southeast quarter of the southwest quarter of section + 13; the west half of the northeast quarter, the east half of the + northwest quarter, the southeast quarter, and the northeast quarter of + the southwest quarter of section 24; the northeast quarter, the north + half of the southeast quarter, the southwest quarter of the southeast + quarter, and the southwest quarter of section 25; the south half of the + southeast quarter of section 29; the northwest quarter of the northeast + quarter and the northeast quarter of the northwest quarter of section + 32; the northeast quarter of the northeast quarter, the northwest + quarter, the northeast quarter of the southeast quarter, and the south + half of the southeast quarter of section 35; and the west half of the + northeast quarter, the northwest quarter, and the northwest quarter of + the southwest quarter of section 36. +</p> +<p class="q"> + IN TOWNSHIP 6 SOUTH OF RANGE 18 EAST. +</p> +<p class="q"> + The east half of the southeast quarter and the southwest quarter of the + southeast quarter of section 20, and the west half of the northeast + quarter, the northeast quarter of the northwest quarter, and the south + half of the northwest quarter of section 29. +</p> +<p class="q"> + IN TOWNSHIP 6 SOUTH OF RANGE 19 EAST. +</p> +<p class="q"> + The northeast quarter, the east half of the northwest quarter, the + southwest quarter of the northwest quarter, the north half of the + southeast quarter, and the northwest quarter of the southwest quarter + of section 15; the southeast quarter of the northwest quarter and the + northeast quarter of the southwest quarter of section 16; the south half + of the northeast quarter and the north half of the southeast quarter of + section 19; and the south half of the northwest quarter and the north + half of the southwest quarter of section 20. +</p> +<p class="q"> + IN TOWNSHIP 6 SOUTH OF RANGE 23 EAST. +</p> +<p class="q"> + The north half of the northwest quarter and the north half of the + southeast quarter of section 5; the south half of the southeast quarter + of section 8; section 17; and the west half of the northwest quarter of + section 16. +</p> +<p class="q" style="text-align: center;"> + 3.—TOWNSHIPS, SECTIONS, OR TRACTS OF LAND WITHIN WHICH INDIAN + SELECTIONS ARE LOCATED. +</p> +<p class="q"> + TRACT 1. +</p> +<p class="q"> + Beginning at a point in the mid-channel of the Yellowstone River 1-1/2 + miles below the mouth of the Clarks Fork River; thence running in a + southwesterly direction along a line parallel to and 1-1/2 miles distant + from the mid-channel of the Clarks Fork River to the south line of + township 2 south of range 24 east; thence west along said township line + to the mid-channel of the Clarks Fork River; thence northeast along + the mid-channel of the Clarks Fork River to the mid-channel of the + Yellowstone River; thence northeast along the mid-channel of said river + to the point of beginning. +</p> +<p class="q"> + TRACT 2. +</p> +<p class="q"> + All that part of township 2 south of range 24 east lying south of the + Yellowstone River and west of the Clarks Fork River. +</p> +<p class="q"> + TRACT 3. +</p> +<p class="q"> + Sections 29, 31, and 32, township 5 south of range 21 east; sections 5, + 6, 7, 8, 17, and 18, township 6 south of range 21 east; and sections 1, + 2, 11, 12, 13, and 14, township 6 south of range 20 east. +</p> +<p class="q"> + TRACT 4. +</p> +<p class="q"> + Beginning at a point in the mid-channel of the Yellowstone River + opposite the mouth of Duck Creek; thence running in a southwesterly + direction along the mid-channel of the Yellowstone River to a point + 1-1/2 miles below the mouth of the Clarks Fork River; thence in a + southwesterly direction along a line parallel to and 1-1/2 miles distant + from the mid-channel of the said Clarks Fork River to a point 1-1/2 + miles due south of the mid-channel of the said Yellowstone River; thence + running in a northeasterly direction along a line parallel to and 1-1/2 + miles distant from the mid-channel of the Yellowstone River to the + mid-channel of Duck Creek; thence in a northerly direction along the + mid-channel of Duck Creek to the point of beginning. +</p> +<p class="q"> + TRACT 5. +</p> +<p class="q"> + All that part of townships 2 and 3 south of range 23 lying south of the + mid-channel of the Yellowstone River and north of a line running + parallel thereto and 1-1/2 miles distant therefrom. +</p> +<p class="q"> + TRACT 6. +</p> +<p class="q"> + Beginning in the mid-channel of the main or West Fork of Red Lodge Creek + at the point where it intersects the line known as the line of the Blake + survey, and which was formerly supposed to be the south boundary of the + Crow Indian Reserve; thence running due east along the lines of said + Blake survey for a distance of 1 mile; thence running northeasterly + along a line parallel to and 1 mile from the mid-channel of the said + West Fork of said Red Lodge Creek for a distance of 10 miles; thence due + west to the mid-channel of the said West Fork of said Red Lodge Creek; + thence southwesterly along the mid-channel of the said West Fork of said + creek to the place of beginning. +</p> +<p class="q"> + TRACT 7. +</p> +<p class="q"> + Townships 4 south of ranges 21 and 22 east. +</p> +<p class="q"> + TRACT 8. +</p> +<p class="q"> + All that part of the east half of township 1 south of range 26 east + lying south of the Yellowstone River, and all that part of the west + half of township 1 south of range 27 east lying south of the + Yellowstone River. +</p> +<p class="q"> + TRACT 9. +</p> +<p class="q"> + Section 14, township 3 south of range 19 east. +</p> +<p class="q"> + TRACT 10. +</p> +<p class="q"> + Beginning in the mid-channel of the main or West Fork of Red Lodge Creek + at the point where it intersects the line known as the line of the Blake + survey, and which was formerly supposed to be the south boundary of the + Crow Indian Reserve; thence running due east along the line of said + Blake survey for a distance of 1 mile; thence running northeasterly + along a line parallel to and 1 mile from the mid-channel of the said + West Fork of said Red Lodge Creek for a distance of 10 miles; thence due + west to the mid-channel of the said West Fork of said Red Lodge Creek; + thence southwesterly along the mid-channel of the said West Fork of said + Red Lodge Creek to the place of beginning. +</p> +<p> + In witness whereof I have hereunto set my hand and caused the seal of + the United States to be affixed. +</p> +<p> + [SEAL.] +</p> +<p> + Done at the city of Washington, this 15th day of October, A.D. 1892, and + of the Independence of the United States the one hundred and + seventeenth. +</p> +<p class="r"> + BENJ. HARRISON. +</p> +<p><br> +By the President:<br> + JOHN W. FOSTER,<br> + <i>Secretary of State</i>. +</p> +<p> </p><p> </p> + +<h3> + BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. +</h3> +<h4> + A PROCLAMATION. +</h4> +<p> + Whereas it is provided by section 13 of the act of Congress of March 3, + 1891, entitled "An act to amend Title LX, chapter 3, of the Revised + Statutes of the United States, relating to copyrights," that said act + "shall only apply to a citizen or subject of a foreign state or nation + when such foreign state or nation permits to citizens of the United + States of America the benefit of copyright on substantially the same + basis as its own citizens, or when such foreign state or nation is a + party to an international agreement which provides for reciprocity in + the granting of copyright, by the terms of which agreement the United + States of America may at its pleasure become a party to such agreement;" + and +</p> +<p> + Whereas it is also provided by said section that "the existence of + either of the conditions aforesaid shall be determined by the President + of the United States by proclamation made from time to time as the + purposes of this act may require;" and +</p> +<p> + Whereas satisfactory official assurances have been given that in Italy + the law permits to citizens of the United States the benefit of + copyright on substantially the same basis as to the subjects of Italy: +</p> +<p> + Now, therefore, I, Benjamin Harrison, President of the United States + of America, do declare and proclaim that the first of the conditions + specified in section 13 of the act of March 3, 1891, now exists and + is fulfilled in respect to the subjects of Italy. +</p> +<p> + In testimony whereof I have hereunto set my hand and caused the seal of + the United States to be affixed. +</p> +<p> + [SEAL.] +</p> +<p> + Done at the city of Washington, this 31st day of October, 1892, and of + the Independence of the United States the one hundred and seventeenth. +</p> +<p class="r"> + BENJ. HARRISON. +</p> +<p><br> +By the President:<br> + JOHN W. FOSTER,<br> + <i>Secretary of State</i>. +</p> +<p> </p><p> </p> + +<h3> + BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. +</h3> +<h4> + A PROCLAMATION. +</h4> +<p> + The gifts of God to our people during the past year have been so + abundant and so special that the spirit of devout thanksgiving awaits + not a call, but only the appointment of a day when it may have a common + expression. He has stayed the pestilence at our door; He has given us + more love for the free civil institutions in the creation of which + His directing providence was so conspicuous; He has awakened a deeper + reverence for law; He has widened our philanthropy by a call to succor + the distress in other lands; He has blessed our schools and is bringing + forward a patriotic and God-fearing generation to execute His great and + benevolent designs for our country; He has given us great increase in + material wealth and a wide diffusion of contentment and comfort in the + homes of our people; He has given His grace to the sorrowing. +</p> +<p> + Wherefore, I, Benjamin Harrison, President of the United States, do call + upon all our people to observe, as we have been wont, Thursday, the 24th + day of this month of November, as a day of thanksgiving to God for His + mercies and of supplication for His continued care and grace. +</p> +<p> + In testimony whereof I have hereunto set my hand and caused the seal of + the United States to be affixed. +</p> +<p> + [SEAL.] +</p> +<p> + Done at the city of Washington, this 4th day of November, 1892, and of + the Independence of the United States the one hundred and seventeenth. +</p> +<p class="r"> + BENJ. HARRISON. +</p> +<p><br> +By the President:<br> + JOHN W. FOSTER,<br> + <i>Secretary of State</i>. +</p> + +<div style="height: 4em;"><br><br><br><br></div> + +<h2> + EXECUTIVE ORDERS. +</h2> + +<center> + AMENDMENT OF CIVIL-SERVICE RULES. +</center> +<p class="r"> + JANUARY 20, 1892. +</p> +<p> + Special Departmental Rule No. 1 is hereby amended by adding at the end + of paragraph 10 the following: "and elevator conductors;" so that as + amended the paragraph will read: +</p> +<p class="q"> + In all the Departments: Bookbinders and elevator conductors. +</p> +<p class="r"> + BENJ. HARRISON. +</p> +<p> </p><p> </p> + + +<center> + AMENDMENT OF CIVIL-SERVICE RULES. +</center> +<p class="r"> +UNITED STATES CIVIL SERVICE COMMISSION,<br> + <i>Washington, D.C., January 12, 1892</i>. +</p> +<p> + The PRESIDENT. +</p> +<p> + SIR: We have the honor to recommend that Executive orders heretofore + issued designating the places to be filled by noncompetitive examination + under clause (<i>d</i>) of section 2 of General Rule III be amended so as + to include among those places, in all the Departments where authorized + by law and employed, "captains of the watch" and "lieutenants of the + watch." The captains and lieutenants of the watch in the Treasury + Department and the captain of the watch in the Post-Office Department + are now included in this category, and the object of this recommendation + is to place all the Departments on the same footing with respect to + these places. +</p> +<p> + The occasion for the recommendation at this time is the receipt by + this Commission of a request from the Secretary of the Interior for a + noncompetitive examination of a person named by him for appointment as + captain of the watch in the Interior Department. +</p> +<p> + The place is now subject to competitive examination, but the Commission + sees no good reason why one rule should not apply to all the + Departments; hence this recommendation. +</p> +<p> + If you approve the recommendation, your indorsement of approval on this + letter and its return to the Commission is requested. As it is not a + change of rule, it does not require to go to the Department of State for + record. We have the honor to be, your obedient servants, +</p> +<p class="r"> +CHAS. LYMAN,<br> + HUGH S. THOMPSON,<br> + <i>Commissioners</i>. +</p> +<p> </p><p> </p> + +<p class="r"> + EXECUTIVE MANSION, <i>January 25, 1892</i>. +</p> +<p> + The within recommendation is approved. +</p> +<p class="r"> + BENJ. HARRISON. +</p> +<p> </p><p> </p> + + +<center> + AMENDMENTS OF CIVIL-SERVICE RULES. +</center> +<p class="r"> + FEBRUARY 23, 1892. +</p> +<p> + Indian Rule VI is hereby amended by inserting after the word + "appointment" the following: "from one agency to another;" so that as + amended the rule will read: +</p> +<p class="q"> + Subject to the conditions stated in Rule IV, transfers may be made + after absolute appointment from one agency to another, from one school + to another, and from one district to another, under such regulations as + the Commissioner of Indian Affairs, with the approval of the Secretary + of the Interior, may prescribe. +</p> +<p> + Indian Rule IV, section 1, clause (<i>b</i>), is hereby amended by inserting + after the word "averages" the following: "who have not been three + times certified;" so that as amended the clause will read: +</p> +<p class="q"> + If fitness for the vacant place is tested by competitive examination, + the Commission shall certify from the proper register of the district + in which the vacancy exists the names of the three eligibles thereon, + of the sex called for, having the highest averages, who have not been + three times certified: <i>Provided</i>, That the eligibles upon any register + who have been allowed preference under section 1754 of the Revised + Statutes shall be certified, according to their grade, before all other + eligibles thereon: <i>And provided further</i>, That if the vacancy is in + the grade of matron or teacher, and the wife of the superintendent of + the school in which the vacancy exists is an eligible, she may be given + preference in certification if the appointing officer so requests. +</p> +<p> + 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: +</p> +<p class="q"> + 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. +</p> +<p class="r"> + BENJ. HARRISON. +</p> +<p> </p><p> </p> + + +<p class="r"> + EXECUTIVE MANSION, <i>Washington, D.C., May 5, 1892</i>. +</p> +<p> + In the exercise of the authority vested in the President by the + seventeen hundred and fifty-third section of the Revised Statutes— +</p> +<p> + <i>It is ordered</i>, 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: +</p> +<p> + <i>Class A</i>.—All persons receiving an annual salary of less than $720, or a + compensation at the rate of less than $720 per annum. +</p> +<p> + <i>Class B</i>.—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. +</p> +<p> + <i>Class C</i>.—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. +</p> +<p> + <i>Class D</i>.—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. +</p> +<p> + <i>Class E</i>.—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. +</p> +<p> + <i>Class 1</i>.—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. +</p> +<p> + <i>Class 2</i>.—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. +</p> +<p> + <i>Class 3</i>.—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. +</p> +<p> + <i>Class 4</i>.—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. +</p> +<p> + <i>Class 5</i>.—All persons receiving an annual salary of $2,000 or more, or a + compensation at the rate of $2,000 per annum. +</p> +<p> + <i>Provided</i>, 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. +</p> +<p> + <i>Provided further</i>, 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. +</p> +<p class="r"> + BENJ. HARRISON. +</p> +<p> </p><p> </p> + + +<center> + CIVIL SERVICE.—AMENDMENT OF EXECUTIVE ORDERS. +</center> +<p class="r"> + MAY 7, 1892. +</p> +<p> + Executive orders heretofore issued declaring the places subject to + noncompetitive examination under clause (<i>d</i>) of section 2 of General + Rule III are hereby amended so as to include among said places the + following: +</p> +<p class="q"> + In the Commission of Fish and Fisheries: Fish culturists and + machinists. +</p> +<p class="r"> + BENJ. HARRISON. +</p> +<p> </p><p> </p> + + +<center> + AMENDMENT OF CIVIL-SERVICE RULES. +</center> +<p class="r"> + MAY 7, 1892. +</p> +<p> + Special Departmental Rule No. 1 is hereby amended so as to include among + the places excepted from examination therein the following: +</p> +<p class="q"> + 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. +</p> +<p class="r"> + BENJ. HARRISON. +</p> +<p> </p><p> </p> + +<p class="r"> + SEPTEMBER 16, 1892. +</p> +<p> + 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— +</p> +<p> + <i>It is hereby ordered</i>, That the several Executive Departments and the + Public Printing Office be closed on that day. +</p> +<p> + By the President: +</p> +<p class="r"> + BENJ. HARRISON. +</p> +<p> </p><p> </p> + + +<center> + AMENDMENT OF CIVIL-SERVICE RULES. +</center> +<p class="r"> + EXECUTIVE MANSION, <i>September 23, 1892</i>. +</p> +<p> + 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: +</p> +<p class="q"> + <i>Provided</i>, 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. +</p> +<p class="r"> + BENJ. HARRISON. +</p> + +<div style="height: 4em;"><br><br><br><br></div> + +<h2> + FOURTH ANNUAL MESSAGE. +</h2> +<p class="r"> + EXECUTIVE MANSION, <i>December 6, 1892</i>. +</p> +<p> + <i>To the Senate and House of Representatives</i>: +</p> +<p> + 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. +</p> +<p> + 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. +</p> +<p> + 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. +</p> +<p> + 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: +</p> +<p> + In 1880 the capital invested in manufacturing was $1,232,839,670. +</p> +<p> + In 1890 the capital invested in manufacturing was $2,900,735,884. +</p> +<p> + In 1880 the number of employees was 1,301,388. +</p> +<p> + In 1890 the number of employees was 2,251,134. +</p> +<p> + In 1880 the wages earned were $501,965,778. +</p> +<p> + In 1890 the wages earned were $1,221,170,454. +</p> +<p> + In 1880 the value of the product was $2,711,579,899. +</p> +<p> + In 1890 the value of the product was $4,860,286,837. +</p> +<p> + 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. +</p> +<p> + 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. +</p> +<p> + 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. +</p> +<p> + 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. +</p> +<p> + 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. +</p> +<p> + 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. +</p> +<p> + 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. +</p> +<p> + 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. +</p> +<p> + 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. +</p> +<p> + 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. +</p> +<p> + 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. +</p> +<p> + 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. +</p> +<p> + 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. +</p> +<p> + 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. +</p> +<p> + 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. +</p> +<p> + 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. +</p> +<p> + 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. +</p> +<p> + 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 + <i>Baltimore</i> affair have been adjusted. +</p> +<p> + 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.<a href="#note-31"><small>31</small></a> +</p> +<p> + 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. +</p> +<p> + 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: +</p> +<p> + 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. +</p> +<p> + 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. +</p> +<p> + 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. +</p> +<p> + The controversy as to tolls upon the Welland Canal, which was presented + to Congress at the last session by special message,<a href="#note-32"><small>32</small></a> 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.<a href="#note-33"><small>33</small></a> + 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. +</p> +<p> + 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. +</p> +<p> + 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." +</p> +<p> + 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. +</p> +<p> + 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 + <i>Baltimore</i> 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. +</p> +<p> + 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. +</p> +<p> + 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. +</p> +<p> + 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. +</p> +<p> + 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. +</p> +<p> + 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. +</p> +<p> + 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. +</p> +<p> + 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. +</p> +<p> + 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 <i>vilayets</i> 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. +</p> +<p> + International copyright has been extended to Italy by proclamation<a href="#note-34"><small>34</small></a> + 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. +</p> +<p> + 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. +</p> +<p> + 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. +</p> +<p> + 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. +</p> +<p> + 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. +</p> +<p> + 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. +</p> +<p> + 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. +</p> +<p> + 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. +</p> +<p> + 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. +</p> +<p> + 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. +</p> +<p> + 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. +</p> +<p> + 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. +</p> +<p> + 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. +</p> +<p> + 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. +</p> +<p> + 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. +</p> +<p> + 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. +</p> +<p> + 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. +</p> +<p> + 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. +</p> +<p> + 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 <i>City of New York</i> and <i>City of Paris</i>, 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 <i>City of New York</i> and <i>City + of Paris</i> in February next. +</p> +<p> + 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. +</p> +<p> + 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. +</p> +<p> + 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. +</p> +<p> + 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. +</p> +<p> + 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. +</p> +<p> + 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. +</p> +<p> + 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. +</p> +<p> + 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. +</p> +<p> + 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. +</p> +<p> + 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. +</p> +<p> + 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. +</p> +<p> + 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. +</p> +<p> + 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. +</p> +<p> + In a special message to this Congress at the last session<a href="#note-35"><small>35</small></a> 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. +</p> +<p> + 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. +</p> +<p> + 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. +</p> +<p> + 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. +</p> +<p> + 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. +</p> +<p> + 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 <i>post mortem</i> inspection. +</p> +<p> + 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. +</p> +<p> + 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. +</p> +<p> + 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. +</p> +<p> + 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. +</p> +<p> + 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. +</p> +<p> + 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. +</p> +<p> + 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. +</p> +<p> + 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. +</p> +<p> + 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. +</p> +<p> + 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. +</p> +<p> + 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. +</p> +<p> + 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. +</p> +<p> + 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? +</p> +<p> + 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. +</p> +<p> + 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. +</p> +<p class="r"> + BENJ. HARRISON. +</p> + + + +<div style="height: 4em;"><br><br><br><br></div> + +<h2> + SPECIAL MESSAGES. +</h2> +<p class="r"> + EXECUTIVE MANSION, <i>December 7, 1892</i>. +</p> +<p> + <i>To the Senate</i>: +</p> +<p> + 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. +</p> +<p class="r"> + BENJ. HARRISON. +</p> +<p> </p><p> </p> + + +<p class="r"> + EXECUTIVE MANSION, <i>January 4, 1893</i>. +</p> +<p> + <i>To the Senate and House of Representatives</i>: +</p> +<p> + 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. +</p> +<p class="r"> + BENJ. HARRISON. +</p> +<p> </p><p> </p> + + +<p class="r"> + EXECUTIVE MANSION, <i>January 4, 1893</i>. +</p> +<p> + <i>To the Senate and House of Representatives</i>: +</p> +<p> + 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. +</p> +<p class="r"> + BENJ. HARRISON. +</p> +<p> </p><p> </p> + + +<p class="r"> + EXECUTIVE MANSION, <i>Washington, January 7, 1893</i>. +</p> +<p> + <i>To the Senate</i>: +</p> +<p> + 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. +</p> +<p class="r"> + BENJ. HARRISON. +</p> +<p> </p><p> </p> + + +<p class="r"> + EXECUTIVE MANSION, <i>Washington, January 11, 1893</i>. +</p> +<p> + <i>To the Senate</i>: +</p> +<p> + 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. +</p> +<p class="r"> + BENJ. HARRISON. +</p> +<p> </p><p> </p> + + +<p class="r"> + EXECUTIVE MANSION, <i>January 13, 1893</i>. +</p> +<p> + <i>To the Senate and House of Representatives</i>: +</p> +<p> + 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. +</p> +<p class="r"> + BENJ. HARRISON. +</p> +<p> </p><p> </p> + + +<p class="r"> + EXECUTIVE MANSION, <i>Washington, January 25, 1893</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + 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 <i>Newark</i>, in Genoa, Italy, I transmit herewith + a report on the subject from the Secretary of State. +</p> +<p class="r"> + BENJ. HARRISON. +</p> +<p> </p><p> </p> + + +<p class="r"> + EXECUTIVE MANSION, <i>January 26, 1893</i>. +</p> +<p> + <i>To the Senate and House of Representatives</i>: +</p> +<p> + 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. +</p> +<p class="r"> + BENJ. HARRISON. +</p> +<p> </p><p> </p> + + +<p class="r"> + EXECUTIVE MANSION, <i>January 31, 1893</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + 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." +</p> +<p class="r"> + BENJ. HARRISON. +</p> +<p> </p><p> </p> + + +<p class="r"> + EXECUTIVE MANSION, <i>February 2, 1893</i>. +</p> +<p> + <i>To the Senate and House of Representatives</i>: +</p> +<p> + On the 23d of July last the following resolution of the House of + Representatives was communicated to me: +</p> +<p class="q"> + <i>Resolved</i>, 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. +</p> +<p> + 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. +</p> +<p> + 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: +</p> +<p class="q"> + 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. +</p><p class="q"> + 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. +</p> +<p> + It will be noticed that provision is here made— +</p> +<p class="q"> + 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. +</p><p class="q"> + Second. For the transit from Canada to ports of the United States, + without the payment of duties, of merchandise for export. +</p><p class="q"> + 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. +</p><p class="q"> + Fourth. For the transit of merchandise from the United States to + Canadian ports for export without the payment of duties. +</p><p class="q"> + Fifth. For the transit of merchandise, without the payment of duties, + from the United States, through Canada, to other places in the United + States. +</p> +<p> + 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. +</p> +<p> + 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. +</p> +<p> + 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. +</p> +<p> + 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: +</p> +<p class="q"> + 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. +</p> +<p> + 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: +</p> +<p class="q"> + 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. +</p> +<p> + 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: +</p> +<p class="q"> + 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. +</p> +<p> + 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. +</p> +<p> + 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." +</p> +<p> + 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: +</p> +<p class="q"> + 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. +</p> +<p> + 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. +</p> +<p> + 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." +</p> +<p> + 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. +</p> +<p> + 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: +</p> +<p class="q"> + 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. * * * +</p><p class="q"> + 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. +</p> +<p> + 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. +</p> +<p> + 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. +</p> +<p> + 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. +</p> +<p> + 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: +</p> +<p class="q"> + 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 [<i>Point Isabel</i>] + [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. +</p><p class="q"> + 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. +</p> +<p> + Section 3102 of the Revised Statutes is also related to this subject, + and is as follows: +</p> +<p class="q"> + To avoid the inspection at the first port of arrival, the owner, + agent, master, or conductor of any such vessel, car, or other vehicle, + or owner, agent, or other person having charge of any such merchandise, + baggage, effects, or other articles, may apply to any officer of + the United States duly authorized to act in the premises to seal or + close the same, under and according to the regulations hereinafter + authorized, previous to their importation into the United States, which + officer shall seal or close the same accordingly; whereupon the same + may proceed to their port of destination without further inspection. + Every such vessel, car, or other vehicle shall proceed without + unnecessary delay to the port of its destination, as named in the + manifest of its cargo, freight, or contents, and be there inspected. + Nothing contained in this section shall be construed to exempt such + vessel, car, or vehicle, or its contents, from such examination as + may be necessary and proper to prevent frauds upon the revenue and + violations of this title. +</p> +<p> + It will be noticed that section 3005 does not provide for the transit of + merchandise through our territory from Canada to ports of the United + States for export, nor have I been able to find any other law now in + force that does provide for such transit. It would seem, therefore, that + as to this concession made by the United States in Article XXIX of the + treaty, legislation to put it into force was necessary, and that there + is no such legislation unless section 3 of the act of 1873 was saved by + the amendment to the joint resolution abrogating the fisheries articles + and Article XXX, limiting the repeal to so much of said act as "relates + to the articles of said treaty so to be terminated." The joint + resolution certainly did not repeal section 3, and if that section has + ceased to be operative it is by virtue of the limitation contained in + the section itself. I think it did expire by its own express limitation. +</p> +<p> + The question has presented itself whether section 3 of the act of 1873 + (U.S. Revised Statutes, sec. 2866) repealed by implication that section + of the act of July, 1866, which is now section 3005 of the Revised + Statutes; but I am of the opinion that the last-named section was not + repealed. Section 3 of the act of 1873 was expressly intended to carry + into effect a treaty obligation and was limited as to time. It contained + no express repeal of the act of 1866, and while its provisions were + broader than the last-named act, they were not inconsistent, save in the + provision that while the act of 1873 was in force the additional ports + in the United States at which Canadian goods might be received were + to be designated by the President, whereas under the act of 1866 the + designation was by the Secretary of the Treasury. The last-named act + related also to intercourse with Mexico, and I think was unaffected + by the act of 1873. +</p> +<p> + It will be seen that the law permits merchandise arriving at the ports + of New York, Boston, Portland in Maine, and at other ports specially + designated by the Secretary of the Treasury, for places in the adjacent + British Provinces, to be entered at the custom-house of the port where + it is landed and conveyed through the territory of the United States + without the payment of duty, under regulations to be prescribed by the + Secretary of the Treasury. As these goods come immediately and fully + under the inspection of our customs officers at the principal ports, are + entered there and remain until they cross our border into Canada fully + under our supervision, there is little or no danger involved to our + revenue. The regulations prescribed by the Treasury for conducting this + traffic seem to me to be adequate. +</p> +<p> + As to merchandise imported into the United States from a contiguous + foreign country, it is provided by section 3102 that the inspection at + the first port of arrival in the United States may be avoided if the + vehicle in which the same arrives has been sealed or closed by some + officer of the United States duly authorized at some point in the + contiguous country. When the act of closing or sealing conformably + to the regulations of the Treasury has been effected, the car or + other vehicle may proceed without unnecessary delay to the port of + its destination, as named in the manifest of its cargo, freight, or + contents, and be there inspected. This privilege, however, is subject + to such examination at the point of entry to the United States as may + be necessary to prevent fraud. It is important to be noticed that the + merchandise to which this section refers is described in section 3100 as + merchandise, etc., "imported into the United States from any contiguous + foreign country." +</p> +<p> + A practice has grown up, and a traffic of considerable dimensions + under it, of allowing merchandise from China and Japan, purchased and + imported from those countries by our own citizens and landed at ports + in the Dominion of Canada, to be there loaded into cars, which, being + sealed by an officer of the United States or some one supposed to + represent him, are forwarded through the territory of Canada, across + the entire continent, and allowed to cross our frontier without other + inspection than an examination of the seals. The real fact is that the + American consul can not and does not either compare the manifest with + the contents of the cars or attach the seals. The agents of the + transportation companies are furnished by the consul with the seals and + place them upon the cars. The practice of sealing such merchandise, + notwithstanding it has been allowed by the Treasury for some years, + I think is unauthorized. Such merchandise is not imported from a + "contiguous country," but from China and Japan. +</p> +<p> + It has never become subject to the Canadian revenue laws as an + importation from Japan to Canada, but by force of the treaty or by the + courtesy of that government has been treated as subject to the revenue + laws of the United States from the time of landing at the Canadian port. + Our Treasury seal has been placed upon it; Canada only gives it passage. + It is no more an importation from Canada than is a train load of wheat + that starts from Detroit and is transported through Canada to another + port of the United States. Section 3102 was enacted in 1864, two years + before sections 3005 and 3006, and could not have had reference to the + later methods of importing merchandise through one country to the other. +</p> +<p> + The practice to which I have referred not only equalizes the advantages + of Canadian seaports with our own in the importation of goods for our + domestic consumption, but makes the Canadian ports favored ports of + entry. The detentions under this system at the Canadian ports are less + than when the merchandise is landed at a port of the United States to be + forwarded in bond to another port therein. Full effect should be given + to section 3102 as to merchandise imported into the United States from + Canada, so far as the appropriations enable the Treasury to provide the + officers to do the work of closing and sealing. It will, however, be + required that all this kind of work be done, and carefully done, by + an officer of the United States, and that the duty shall in no case + be delegated to the employees of the transportation companies. The + considerations that it is quite doubtful whether a fraud committed in + Canada by one of our agents upon our revenue would be punishable in our + courts, and that such a fraud committed by anyone else certainly would + not be, and that even if such acts are made penal by our statutes + the criminal would be secure against extradition, seem to me to be + conclusive against the policy of attempting to maintain such revenue + agents in Canadian territory. +</p> +<p> + I come now to discuss another element of this international traffic, + namely, the transportation of merchandise from one "port" in the United + States to another "port" therein over the territory of Canada. This + traffic is enormous in its dimensions, and very great interests have + grown up in the United States in connection with it. Section 3006 + authorizes this traffic, subject to "such rules, regulations, and + conditions as the Secretary of the Treasury may prescribe;" but the + important limitation is from "port" to "port." Section 3007 of the + Revised Statutes, which exempts sealed cars from certain fees, preserves + the terms of the preceding section—from "port" to "port." It seems to + me that sections 3006 and 3007 contemplate the delivery of the sealed + cars at a "port" of the United States, there to be examined by a revenue + officer and their contents verified; but in practice the car, if the + seal is found at the border to be intact, is passed to places not + "ports" and is opened and unloaded by the consignee, no officer being + present. The bill or manifest accompanying the merchandise and the + unbroken seal on the car may furnish <i>prima facie</i> evidence that the + amount and kind of merchandise named in the manifest and said to be + contained in the car came from a port in the United States, but + certainly it was not intended that the merchandise should go to the + owner without an official ascertainment of the correspondence between + the bill and the actual contents of the car. +</p> +<p> + I pass at this point any discussion of the question whether as a + national policy this traffic should be promoted. It is enough to say + that as the law stands it is authorized between "ports" of the United + States, and that the rules, regulations, and conditions to be prescribed + by the Secretary of the Treasury must not, in view of this declaration + of the legislative will, be further restrictive of the traffic than may + reasonably be necessary to protect the revenues of the United States. + In determining whether further regulations are reasonably necessary to + prevent frauds against our revenue it is not conclusive, at least, to + say that frauds against the revenue under the existing system have not + been discovered. The question is, Are the regulations such as to provide + proper safeguards against fraud, or are they such as to make fraud easy + to those who have the disposition to commit it? If all cars carrying + this merchandise are carefully and honestly inspected at the point of + lading and are securely closed during the transit, the revenue would be + secure, for the proper lading of these cars is not subject to duty. + Frauds can only be perpetrated by introducing products not subject to + free entry. In practice the seals and locks provided by the Treasury + Department do not give security that these cars, in the long transit in + which they are free from observation by officers of the revenue, may not + be opened and dutiable merchandise added. +</p> +<p> + The duplication of the seals used, composed of wire and lead, is easy, + and the opening of locks scarcely less so. If, however, the cars, when + they arrive in the United States, either at the point where our boundary + is crossed or at some other port of the United States, were subject to + the inspection of a revenue officer before the delivery to the consignee + or owner, the manifest could be verified. The inspection, however, is + now limited to an examination of the lock or seal. The car is not + weighed or opened to verify its contents. I do not think this is an + adequate protection against the surreptitious introduction into the + cars, while on foreign territory, of dutiable articles. It will be seen + by the letter of the Secretary of the Treasury that grain the product + of the United States is now largely transported in American vessels to + Canadian lake ports, and after being there placed in elevators is sent + east in cars sealed by agents of the Treasury. +</p> +<p> + No observation is taken of this grain until its arrival in Canada, where + only the amount and grade are noted by a Treasury agent, and a like + amount in grade and quantity (though it may be not the identical grain) + is by such agent billed and sealed in cars for carriage to the United + States. I do not find any statute authorizing this practice. Section + 3006, which authorizes this interstate trade through Canada, is limited + to merchandise passing from "port" to "port" of the United States, and + plainly means that such merchandise shall be taken up by our revenue + officers at a "port" of the United States as a starting point. +</p> +<p> + The following are the conclusions at which I have arrived: +</p> +<p> + First. That Article XXIX of the treaty of Washington has been abrogated. +</p> +<p> + Second. That even if this article were in force there is no law in force + to execute it. +</p> +<p> + Third. That when in force the treaty imposed no obligation upon the + United States to use the concessions as to transit made by Canada, and + no limitation upon the powers of the United States in dealing with + merchandise imported for the use of our citizens through Canadian ports + or passing from one place in the United States to another through + Canada, upon the arrival of such merchandise at our border. +</p> +<p> + Fourth. That therefore, treaty or no treaty, the question of sealing + cars containing such merchandise and the treatment of such sealed cars + when they cross our border is and always has been one to be settled by + our laws, according to our convenience and our interests as we may see + them. +</p> +<p> + Fifth. That the law authorizing the sealing of cars in Canada containing + foreign merchandise imported from a contiguous country does not apply to + merchandise imported by our own people from countries not contiguous and + carried through Canada for delivery to such owners. +</p> +<p> + Sixth. That the law did not contemplate the passing of sealed cars to + any place not a "port," nor the delivery of such cars to the owner or + consignee, to be opened by him without the supervision of a revenue + officer. +</p> +<p> + Seventh. That such a practice is inconsistent with the safety of the + revenue. +</p> +<p> + The statutes relating to the transportation of merchandise between + the United States and the British possessions should be the subject + of revision. The Treasury regulations have given to these laws a + construction and a scope that I do not think was contemplated by + Congress. A policy adapted to the new conditions, growing in part out of + the construction of the Canadian Pacific Railroad, should be declared, + and the business placed upon a basis more just to our people and to our + transportation companies. +</p> +<p> + If we continue the policy of supervising rates and requiring that they + shall be equal and reasonable upon the railroads of the United States, + we can not in fairness at the same time give these unusual facilities + for competition to Canadian roads that are free to pursue the practices + as to cut rates and favored rates that we condemn and punish if + practiced by our own railroads. +</p> +<p> + I regret that circumstances prevented an earlier examination by me of + these questions, but submit now these views in the hope that they may + lead to a revision of the laws upon a safer and juster basis. +</p> +<p> + I transmit herewith the correspondence between the Secretary of the + Treasury and the Attorney-General upon some phases of this question. +</p> +<p class="r"> + BENJ. HARRISON. +</p> +<p> </p><p> </p> + + +<p class="r"> + EXECUTIVE MANSION, <i>February 6, 1893</i>. +</p> +<p> + <i>To the Senate and House of Representatives</i>: +</p> +<p> + I transmit herewith, for the consideration of Congress, a communication + from the Secretary of the Interior, dated 4th instant, accompanied by an + agreement concluded by and between the Turtle Mountain Indians and the + commission appointed under the provisions of the Indian appropriation + act of July 13, 1892, to negotiate with the Turtle Mountain band of + Chippewa Indians in North Dakota for the cession and relinquishment to + the United States of whatever right or interest they have in and to any + and all lands in said State to which they claim title, and for their + removal to and settlement upon lands to be hereafter selected and + determined upon by the Secretary of the Interior upon the recommendation + of the proposed commissioners, subject to the approval of Congress. +</p> +<p class="r"> + BENJ. HARRISON. +</p> +<p> </p><p> </p> + + +<p class="r"> + EXECUTIVE MANSION, <i>Washington, February 6, 1893</i>. +</p> +<p> + <i>To the Senate</i>: +</p> +<p> + I transmit herewith, as desired by the resolution of the Senate of the + 4th instant, a report from the Secretary of State of the 6th instant, + with its accompanying correspondence, in relation to the draft of an + uncompleted treaty with Hawaii made in 1854. +</p> +<p class="r"> + BENJ. HARRISON. +</p> +<p> </p><p> </p> + + +<p class="r"> + EXECUTIVE MANSION, <i>Washington, D.C., February 8, 1893</i>. +</p> +<p> + <i>To the Senate and House of Representatives</i>: +</p> +<p> + I transmit herewith the eighth annual report of the Commissioner of + Labor. This report relates to industrial education in the United States + and foreign countries. +</p> +<p class="r"> + BENJ. HARRISON. +</p> +<p> </p><p> </p> + + +<p class="r"> + EXECUTIVE MANSION, <i>Washington, D.C., February 14, 1893</i>. +</p> +<p> + <i>To the Senate and House of Representatives</i>: +</p> +<p> + I transmit herewith a special report of the Commissioner of Labor + relating to compulsory insurance of workingmen in Germany and other + countries. +</p> +<p class="r"> + BENJ. HARRISON. +</p> +<p> </p><p> </p> + + +<p class="r"> + EXECUTIVE MANSION, <i>February 14, 1893</i>. +</p> +<p> + <i>To the Senate and House of Representatives</i>: +</p> +<p> + I transmit herewith a communication of the 13th instant from the + Secretary of the Interior, transmitting copy of reports of Lieutenants + Brown, Gurovits, and Suplee, United States Army, who were charged + with the duty of inspecting the Navajo country, so that the Interior + Department could be advised as to the practicability of restraining the + Navajoes within their present reservations and of furnishing irrigation + and water for their flocks, together with report of the Commissioner of + Indian Affairs upon the matter with draft of an item of appropriation + to carry the same into effect. +</p> +<p class="r"> + BENJ. HARRISON. +</p> +<p> </p><p> </p> + + +<p class="r"> + EXECUTIVE MANSION, <i>Washington, February 15, 1893</i>. +</p> +<p> + <i>To the Senate</i>: +</p> +<p> + I transmit herewith, with a view to its ratification, a treaty of + annexation concluded on the 14th day of February, 1893, between John W. + Foster, Secretary of State, who was duly empowered to act in that behalf + on the part of the United States, and Lorin A. Thurston, W.R. Castle, + W.C. Wilder, C.L. Carter, and Joseph Marsden, the commissioners on the + part of the Government of the Hawaiian Islands. The provisional treaty, + it will be observed, does not attempt to deal in detail with the + questions that grow out of the annexation of the Hawaiian Islands to the + United States. The commissioners representing the Hawaiian Government + have consented to leave to the future and to the just and benevolent + purposes of the United States the adjustment of all such questions. +</p> +<p> + I do not deem it necessary to discuss at any length the conditions which + have resulted in this decisive action. It has been the policy of the + Administration not only to respect but to encourage the continuance of + an independent government in the Hawaiian Islands so long as it afforded + suitable guaranties for the protection of life and property and + maintained a stability and strength that gave adequate security against + the domination of any other power. The moral support of this Government + has continually manifested itself in the most friendly diplomatic + relations and in many acts of courtesy to the Hawaiian rulers. +</p> +<p> + The overthrow of the monarchy was not in any way promoted by this + Government, but had its origin in what seems to have been a reactionary + and revolutionary policy on the part of Queen Liliuokalani, which put + in serious peril not only the large and preponderating interests of the + United States in the islands, but all foreign interests, and, indeed, + the decent administration of civil affairs and the peace of the islands. + It is quite evident that the monarchy had become effete and the Queen's + Government so weak and inadequate as to be the prey of designing and + unscrupulous persons. The restoration of Queen Liliuokalani to her + throne is undesirable, if not impossible, and unless actively supported + by the United States would be accompanied by serious disaster and the + disorganization of all business interests. The influence and interest of + the United States in the islands must be increased and not diminished. +</p> +<p> + Only two courses are now open—one the establishment of a protectorate + by the United States, and the other annexation full and complete. I + think the latter course, which has been adopted in the treaty, will be + highly promotive of the best interests of the Hawaiian people, and is + the only one that will adequately secure the interests of the United + States. These interests are not wholly selfish. It is essential that + none of the other great powers shall secure these islands. Such a + possession would not consist with our safety and with the peace of the + world. This view of the situation is so apparent and conclusive that no + protest has been heard from any government against proceedings looking + to annexation. Every foreign representative at Honolulu promptly + acknowledged the Provisional Government, and I think there is a general + concurrence in the opinion that the deposed Queen ought not to be + restored. +</p> +<p> + Prompt action upon this treaty is very desirable. If it meets the + approval of the Senate, peace and good order will be secured in the + islands under existing laws until such time as Congress can provide + by legislation a permanent form of government for the islands. This + legislation should be, and I do not doubt will be, not only just to the + natives and all other residents and citizens of the islands, but should + be characterized by great liberality and a high regard to the rights of + all people and of all foreigners domiciled there. The correspondence + which accompanies the treaty will put the Senate in possession of all + the facts known to the Executive. +</p> +<p class="r"> + BENJ. HARRISON. +</p> +<p> </p><p> </p> + + +<p class="r"> + EXECUTIVE MANSION, <i>Washington, February 16, 1893</i>. +</p> +<p> + <i>To the Senate</i>: +</p> +<p> + I transmit herewith a letter from the Secretary of State of the 15th + instant, covering a report, with accompanying correspondence, respecting + relations between the United States and the Hawaiian Islands from + September, 1820, to January, 1893. +</p> +<p class="r"> + BENJ. HARRISON. +</p> +<p> </p><p> </p> + + +<p class="r"> + EXECUTIVE MANSION, <i>Washington, February 20, 1893</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I transmit herewith a report submitted by the Acting Secretary of State + in response to the resolution of the Senate of February 2 last, relating + to the building of the Ozama River bridge at Santo Domingo City by + American citizens. +</p> +<p class="r"> + BENJ. HARRISON. +</p> +<p> </p><p> </p> + + +<p class="r"> + EXECUTIVE MANSION, <i>Washington, February 21, 1893</i>. +</p> +<p> + <i>To the Senate and House of Representatives</i>: +</p> +<p> + I transmit herewith a communication of the Secretary of State, + transmitting the official report of the American delegates to the + International Monetary Conference convened at Brussels on November 22, + 1892, with its accompaniments. +</p> +<p class="r"> + BENJ. HARRISON. +</p> +<p> </p><p> </p> + + +<p class="r"> + EXECUTIVE MANSION, <i>February 25, 1893</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + In compliance with a resolution of the Senate, the House of + Representatives concurring, I return herewith the bill (S. 3811) + entitled "An act to amend an act entitled 'An act to grant to the Mobile + and Dauphin Island Railroad and Harbor Company the right to trestle + across the shoal water between Cedar Point and Dauphin Island,' approved + September 26, 1890." +</p> +<p class="r"> + BENJ. HARRISON. +</p> +<p> </p><p> </p> + + +<p class="r"> + EXECUTIVE MANSION, <i>Washington, February 27, 1893</i>. +</p> +<p> + <i>To the Senate and House of Representatives</i>: +</p> +<p> + I herewith transmit, for the information of Congress, a communication + from the Acting Secretary of State, forwarding certain bulletins of the + Bureau of the American Republics. +</p> +<p class="r"> + BENJ. HARRISON. +</p> +<p> </p><p> </p> + + +<p class="r"> + EXECUTIVE MANSION, <i>Washington, D.C., March 1, 1893</i>. +</p> +<p> + <i>To the Senate and House of Representatives</i>: +</p> +<p> + I transmit herewith the fifth special report of the Commissioner of + Labor. The report relates to the so-called "Gothenburg system" of + regulating the liquor traffic, the system prevailing in Norway and + Sweden. +</p> +<p class="r"> + BENJ. HARRISON. +</p> + +<div style="height: 4em;"><br><br><br><br></div> + +<h2> + VETO MESSAGE. +</h2> +<p class="r"> + EXECUTIVE MANSION, <i>February 27, 1893</i>. +</p> +<p> + <i>To the House of Representatives</i>: +</p> +<p> + I return herewith without my approval an act (H.R. 9612) entitled "An + act to prescribe the number of district attorneys and marshals in the + judicial districts of the State of Alabama." +</p> +<p> + Under the present law there is a district attorney for the southern + district of Alabama, a district attorney for the northern and middle + districts, a marshal for the northern district, and a marshal for the + southern and middle districts. +</p> +<p> + An examination of the records of the Attorney-General's office as to the + amount of business in the courts in these districts leads me to believe + that two districts would provide amply for the disposition of all public + and private cases. The law creates two new officers, whose aggregate + compensation may be $12,000 per annum, without, it seems to me, a + justifying necessity. But the most serious objection to the legislation + is that it creates at once upon the taking effect of the law the offices + of district attorney and marshal for each of the three districts, and + the effect, it seems to me, must be to abolish the offices as they now + exist. +</p> +<p> + No provision is made for a continued discharge of the duties of marshal + and district attorney by the present incumbents. A serious question + would be raised as to whether these officers were not at once legislated + out of office and vacancies created. As these vacancies could not be + filled immediately, the business of the courts would seriously suffer. + The law should at least have contained a provision for the continued + discharge of their duties by the incumbents until the new officers were + appointed and qualified. +</p> +<p class="r"> + BENJ. HARRISON. +</p> + +<div style="height: 4em;"><br><br><br><br></div> + +<h2> + PROCLAMATIONS. +</h2> +<h3> + BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. +</h3> +<h4> + A PROCLAMATION. +</h4> +<p> + Whereas it is provided by section 24 of the act of Congress approved + March 3, 1891, entitled "An act to repeal timber-culture laws, and for + other purposes"— +</p> +<p class="q"> + That the President of the United States may from time to time set + apart and reserve in any State or Territory having public land bearing + forests, in any part of the public lands wholly or in part covered with + timber or undergrowth, whether of commercial value or not, as public + reservations; and the President shall by public proclamation declare + the establishment of such reservations and the limits thereof. +</p> +<p> + And whereas it is made to appear, by petition and otherwise, that the + interests of the public and the welfare of the people of the State of + Colorado will be materially benefited and subserved by the reservation + of the public and forest lands hereinafter described: +</p> +<p> + Now, therefore, I, Benjamin Harrison, President of the United States, + by virtue of the power in me vested by said act, do hereby set apart, + reserve, and establish as a public reservation all that tract of land + in the State of Colorado embraced in the following boundary and + description, to wit: +</p> +<p> + Beginning at the confluence of the North Fork of the South Platte River + with the South Platte River; thence up the middle of the channel of the + North Fork of the South Platte River to the range line between township + seven (7) south, ranges seventy-four (74) and seventy-five (75) west of + the sixth (6th) principal meridian; thence northerly on said range line + to the northeast corner of township seven (7) south, range seventy-five + (75) west; thence westerly on the township line between townships six + (6) and seven (7) south to the northwest corner of township seven (7) + south, range seventy-six (76) west; thence southerly on the range line + between ranges seventy-six (76) and seventy-seven (77) west to the + northeast corner of section thirteen (13), township seven (7) south, + range seventy-seven (77) west; thence westerly on the section line + between sections twelve (12) and thirteen (13) to the northwest corner + of section thirteen (13) of said township and range; thence southerly + on the section line between sections thirteen (13) and fourteen (14), + twenty-three (23) and twenty-four (24), and twenty-five (25) and + twenty-six (26) to the northeast corner of section thirty-five (35) of + said township and range; thence westerly on the section line between + sections twenty-six (26) and thirty-five (35) and twenty-seven (27) and + thirty-four (34) to the northwest corner of section thirty-four (34) of + said township and range; thence southerly on the section line between + sections thirty-three (33) and thirty-four (34) of said township and + range and sections three (3) and four (4), nine (9) and ten (10), + and fifteen (15) and sixteen (16), township eight (8) south, range + seventy-seven (77) west, to the northeast corner of section twenty-one + (21) of said last-named township and range; thence westerly on the + section line between sections sixteen (16) and twenty-one (21), + seventeen (17) and twenty (20), and eighteen (18) and nineteen (19) + to the northwest corner of section nineteen (19) of said township and + range; thence southerly on the range line between ranges seventy-seven + (77) and seventy-eight (78) west to the northeast corner of section + thirteen (13), township nine (9) south, range seventy-eight (78) west; + thence westerly on the section line between sections twelve (12) and + thirteen (13) and eleven (11) and fourteen (14) to the northwest corner + of section fourteen (14) of said township and range; thence southerly on + the section line between sections fourteen (14) and fifteen (15) to the + southwest corner of said section fourteen (14); thence westerly on the + section, line between sections fifteen (15) and twenty-two (22) and + sixteen (16) and twenty-one (21) to the northwest corner of section + twenty-one (21) of said township and range; thence southerly on the + section line between sections twenty (20) and twenty-one (21) and + twenty-eight (28) and twenty-nine (29) to the southwest corner of + section twenty-eight (28) of said township and range; thence easterly + on the section line between sections twenty-eight (28) and thirty-three + (33) to the southeast corner of said section twenty-eight (28); thence + southerly on the section line between sections thirty-three (33) and + thirty-four (34) of said township and range and sections three (3) and + four (4), nine (9) and ten (10), and fifteen (15) and sixteen (16), + township ten (10) south, range seventy-eight (78) west, to the northeast + corner of section twenty-one (21) of said last-named township and range; + thence westerly on the section line between sections sixteen (16) and + twenty-one (21), seventeen (17) and twenty (20), and eighteen (18) and + nineteen (19) to the northwest corner of section nineteen (19) of said + township and range; thence southerly on the range line between ranges + seventy-eight (78) and seventy-nine (79) west to the southwest corner of + township ten (10) south, range seventy-eight (78) west; thence westerly + on the second (2d) correction line south to the northwest corner of + section one (1), township eleven (11) south, range seventy-nine (79) + west; thence southerly on the section line between sections one (1) and + two (2), eleven (11) and twelve (12), thirteen (13) and fourteen (14), + twenty-three (23) and twenty-four (24), twenty-five (25) and twenty-six + (26), and thirty-five (35) and thirty-six (36) of said township and + range and sections one (1) and two (2), eleven (11) and twelve (12), + and thirteen (13) and fourteen (14), township twelve (12) south, range + seventy-nine (79) west, to the southwest corner of section thirteen (13) + of said last-named township and range; thence easterly on the section + line between sections thirteen (13) and twenty-four (24) of said + township and range and sections eighteen (18) and nineteen (19), + seventeen (17) and twenty (20), sixteen (16) and twenty-one (21), and + fifteen (15) and twenty-two (22), township twelve (12) south, range + seventy-eight (78) west, to the quarter-section corner between said + sections fifteen (15) and twenty-two (22); thence southerly through the + middle of sections twenty-two (22), twenty-seven (27), and thirty-four + (34) to the quarter-section corner on the south boundary of section + thirty-four (34) of said township and range; thence easterly on the + township line between townships twelve (12) and thirteen (13) south, + range seventy-eight (78) west, to the northwest corner of township + thirteen (13) south, range seventy-seven (77) west; thence southerly on + the range line between ranges seventy-seven (77) and seventy-eight (78) + west to the southwest corner of section six (6), township thirteen (13) + south, range seventy-seven (77) west; thence easterly on the section + line between sections six (6) and seven (7), five (5) and eight (8), and + four (4) and nine (9) to the southeast corner of section four (4) of + said township and range; thence northerly on the section line between + sections three (3) and four (4) of said township and range and sections + thirty-three (33) and thirty-four (34), township twelve (12) south, + range seventy-seven (77) west, to the northeast corner of section + thirty-three (33) of said last-named township and range; thence easterly + on the section line between sections twenty-seven (27) and thirty-four + (34) to the southeast corner of section twenty-seven (27) of said + township and range; thence northerly on the section line between + sections twenty-six (26) and twenty-seven (27), twenty-two (22) and + twenty-three (23), fourteen (14) and fifteen (15), ten (10) and eleven + (11), and two (2) and three (3) of said township and range and sections + thirty-four (34) and thirty-five (35), township eleven (11) south, range + seventy-seven (77) west, to the northeast corner of section thirty-four + (34) of said township and range; thence westerly on the section line + between sections twenty-seven (27) and thirty-four (34) to the northwest + corner of said section thirty-four (34); thence northerly on the section + line between sections twenty-seven (27) and twenty-eight (28) to the + northeast corner of section twenty-eight (28) of said township and + range; thence westerly on the section line between sections twenty-one + (21) and twenty-eight (28), twenty (20) and twenty-nine (29), and + nineteen (19) and thirty (30) to the northwest corner of section thirty + (30) of said township and range; thence northerly on the range line + between ranges seventy-seven (77) and seventy-eight (78) west to the + northeast corner of township eleven (11) south, range seventy-eight (78) + west; thence easterly on the second (2d) correction line south to the + southeast corner of township ten (10) south, range seventy-eight (78) + west; thence northerly on the range line between ranges seventy-seven + (77) and seventy-eight (78) west to the southwest corner of section + eighteen (18), township nine (9) south, range seventy-seven (77) west; + thence easterly on the section line between sections eighteen (18) + and nineteen (19), seventeen (17) and twenty (20), sixteen (16) and + twenty-one (21), and fifteen (15) and twenty-two (22) to the southeast + corner of section fifteen (15) of said township and range; thence + northerly on the section line between sections fourteen (14) and fifteen + (15) and ten (10) and eleven (11) to the southwest corner of section + two (2) of said township and range; thence easterly on the section line + between sections two (2) and eleven (11) and one (1) and twelve (12) + to the southeast corner of section one (1) of said township and range; + thence northerly on the range line between ranges seventy-six (76) and + seventy-seven (77) west to the southwest corner of township eight (8) + south, range seventy-six (76) west; thence easterly on the township line + between townships eight (8) and nine (9) south, range seventy-six (76) + west, to the southeast corner of section thirty-one (31), township eight + (8) south, range seventy-six (76) west; thence northerly on the section + line between sections thirty-one (31) and thirty-two (32) to the + southwest corner of section twenty-nine (29) of said township and range; + thence easterly on the section line between sections twenty-nine (29) + and thirty-two (32) to the southeast corner of said section twenty-nine + (29); thence northerly on the section line between sections twenty-eight + (28) and twenty-nine (29) and twenty (20) and twenty-one (21) to the + southwest corner of section sixteen (16) of said township and range; + thence easterly on the section line between sections sixteen (16) and + twenty-one (21) to the southeast corner of said section sixteen (16); + thence northerly on the section line between sections fifteen (15) and + sixteen (16), nine (9) and ten (10), and three (3) and four (4) of said + township and range, and sections thirty-three (33) and thirty-four (34), + township seven (7) south, range seventy-six (76) west, to the southwest + corner of section twenty-seven (27) of said township and range; thence + easterly on the section line between sections twenty-seven (27) and + thirty-four (34), twenty-six (26) and thirty-five (35), and twenty-five + (25) and thirty-six (36) of said township and range, and sections + thirty (30) and thirty-one (31), twenty-nine (29) and thirty-two (32), + twenty-eight (28) and thirty-three (33), and twenty-seven (27) and + thirty-four (34), township seven (7) south, range seventy-five (75) + west, to the northwest corner of section thirty-five (35) of said + township and range; thence southerly on the section line between + sections thirty-four (34) and thirty-five (35) of said township and + range and sections two (2) and three (3), ten (10) and eleven (11), + fourteen (14) and fifteen (15), twenty-two (22) and twenty-three (23), + twenty-six (26) and twenty-seven (27), and thirty-four (34) and + thirty-five (35), township eight (8) south, range seventy-five (75) + west, to the southwest corner of section thirty-five (35) of said + township and range; thence easterly on the township line between + townships eight (8) and nine (9) south, range seventy-five (75) west, to + the northwest corner of township nine (9) south, range seventy-four (74) + west; thence southerly on the range line between ranges seventy-four + (74) and seventy-five (75) west to the southwest corner of township ten + (10) south, range seventy-four (74) west; thence easterly on the second + (2d) correction line south to the northwest corner of township eleven + (11) south, range seventy-three (73) west; thence southerly on the range + line between ranges seventy-three (73) and seventy-four (74) west to the + northeast corner of section thirteen (13), township twelve (12) south, + range seventy-four (74) west; thence westerly on the section line + between sections twelve (12) and thirteen (13) and eleven (11) and + fourteen (14) of said township and range to the quarter-section corner + between said sections eleven (11) and fourteen (14); thence southerly + through the middle of sections fourteen (14), twenty-three (23), and + twenty-six (26) to the center of section twenty-six (26) of said + township and range; thence easterly through the middle of sections + twenty-six (26) and twenty-five (25) to the quarter-section corner on + the range line between section twenty-five (25), township twelve (12) + south, range seventy-four (74) west, and section thirty (30), township + twelve (12) south, range seventy-three (73) west; thence southerly on + said range line to the southwest corner of township twelve (12) south, + range seventy-three (73) west; thence easterly on the township line + between townships twelve (12) and thirteen (13) south to the southeast + corner of township twelve (12) south, range seventy-three (73) west; + thence southerly on the range line between ranges seventy-two (72) and + seventy-three (73) west to the northeast corner of section twenty-four + (24), township thirteen (13) south, range seventy-three (73) west; + thence westerly on the section line between sections thirteen (13) and + twenty-four (24), fourteen (14) and twenty-three (23), fifteen (15) and + twenty-two (22), sixteen (16) and twenty-one (21), seventeen (17) and + twenty (20), and eighteen (18) and nineteen (19) to the northwest corner + of section nineteen (19) of said township and range; thence southerly on + the range line between ranges seventy-three (73) and seventy-four (74) + west to the quarter-section corner on the west boundary of section + eighteen (18), township fourteen (14) south, range seventy-three (73) + west; thence easterly through the middle of sections eighteen (18) and + seventeen (17), sixteen (16), fifteen (15), fourteen (14), and thirteen + (13), township fourteen (14) south, range seventy-three (73) west, and + sections eighteen (18) and seventeen (17), township fourteen (14) south, + range seventy-two (72) west, to the quarter-section corner between + sections seventeen (17) and sixteen (16) of said last-named township and + range; thence northerly on the section line between sections sixteen + (16) and seventeen (17) and eight (8) and nine (9) to the northeast + corner of section eight (8) of said township and range; thence easterly + on the section line between sections four (4) and nine (9), three (3) + and ten (10), two (2) and eleven (11), and one (1)and twelve (12) to the + southeast corner of section one (1) of said township and range; thence + northerly on the range line between ranges seventy-one (71) and + seventy-two (72) west to the southwest corner of township thirteen (13) + south, range seventy-one (71) west; thence easterly on the township line + between townships thirteen (13) and fourteen (14) south to the southeast + corner of section thirty-three (33), township thirteen (13) south, range + seventy-one (71) west; thence northerly on the section line between + sections thirty-three (33) and thirty-four (34), twenty-seven (27) and + twenty-eight (28), twenty-one (21) and twenty-two (22), fifteen (15) + and sixteen (16), nine (9) and ten (10), and three (3) and four (4) of + said township and range, and between sections thirty-three (33) and + thirty-four (34), twenty-seven (27) and twenty-eight (28), twenty-one + (21) and twenty-two (22), fifteen (15) and sixteen (16), nine (9) and + ten (10), and three (3) and four (4), township twelve (12) south, range + seventy-one (71) west, and between sections thirty-three (33) and + thirty-four (34), twenty-seven (27) and twenty-eight (28), twenty-one + (21) and twenty-two (22), fifteen (15) and sixteen (16), nine (9) and + ten (10), and three (3) and four (4), township eleven (11) south, range + seventy-one (71) west, to the northeast corner of section four (4) of + said last-named township and range; thence easterly on the second (2d) + correction line south to the southeast corner of section thirty-three + (33), township ten (10) south, range seventy-one (71) west; thence + northerly on the section line between sections thirty-three (33) and + thirty-four (34) of said township and range to the middle of the channel + of the South Platte River; thence down the middle of the channel of the + said river to its confluence with the North Fork of the South Platte + River, the place of beginning, to be known as the South Platte Forest + Reserve. +</p> +<p> + Excepting from the force and effect of this proclamation all lands which + may have been prior to the date hereof embraced in any legal entry or + covered by any lawful filing duly of record in the proper United States + land office, or upon which any valid settlement has been made pursuant + to law and the statutory period within which to make entry or filing + of record has not expired, and all mining claims duly located and held + according to the laws of the United States and rules and regulations + not in conflict therewith. +</p> +<p> + <i>Provided</i>, That this exception shall not continue to apply to any + particular tract of land unless the entryman, settler, or claimant + continues to comply with the law under which the entry, filing, + settlement, or location was made. +</p> +<p> + Warning is hereby expressly given to all persons not to enter or make + settlement upon the tract of land reserved by this proclamation. +</p> +<p> + In witness whereof I have hereunto set my hand and caused the seal of + the United States to be affixed. +</p> +<p> + [SEAL.] +</p> +<p> + Done at the city of Washington, this 9th day of December, A.D. 1892, and + of the Independence of the United States the one hundred and + seventeenth. +</p> +<p class="r"> + BENJ. HARRISON. +</p> +<p><br> +By the President:<br> + JOHN W. FOSTER,<br> + <i>Secretary of State</i>. +</p> +<p> </p><p> </p> + +<h3> + BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. +</h3> +<h4> + A PROCLAMATION. +</h4> +<p> + Whereas it is provided by section 24 of the act of Congress approved + March 3, 1891, entitled "An act to repeal timber-culture laws, and for + other purposes"— +</p> +<p class="q"> + That the President of the United States may from time to time set + apart and reserve in any State or Territory having public land bearing + forests, in any part of the public lands wholly or in part covered with + timber or undergrowth, whether of commercial value or not, as public + reservations; and the President shall by public proclamation declare + the establishment of such reservations and the limits thereof. +</p> +<p> + And whereas the public lands in the State of California within the + limits hereinafter described are in part covered with timber, and it + appears that the public good would be promoted by setting apart and + reserving said lands as a public reservation: +</p> +<p> + Now, therefore, I, Benjamin Harrison, President of the United States, + by virtue of the power in me vested by section 24 of the aforesaid act + of Congress, do hereby make known and proclaim that there is hereby + reserved from entry or settlement and set apart as a public reservation + all those certain tracts, pieces, or parcels of land lying and being + situate in the State of California and particularly described as + follows, to wit: +</p> +<p> + Beginning at the northeast corner of township three (3) north, range six + (6) west of the San Bernardino meridian; thence westerly on the surveyed + and unsurveyed township line between townships three (3) and four (4) + north, ranges six (6) and seven (7) west, to the northeast corner of + township three (3) north, range eight (8) west; thence northerly on the + unsurveyed and surveyed range line between ranges seven (7) and eight + (8) west to the northeast corner of section twenty-four (24), township + four (4) north, range eight (8) west; thence westerly on the surveyed + and unsurveyed section line between sections thirteen (13) and + twenty-four (24), fourteen (14) and twenty-three (23), fifteen (15) and + twenty-two (22), sixteen (16) and twenty-one (21), seventeen (17) and + twenty (20), and eighteen (18) and nineteen (19) of said township and + range to the point for the northwest corner of section nineteen (19) of + said township and range; thence northerly on the unsurveyed and surveyed + range line between ranges eight (8) and nine (9) west to the northeast + corner of township four (4) north, range nine (9) west; thence westerly + on the township line between townships four (4) and five (5) north, + range nine (9) west, to the southeast corner of township five (5) north, + range ten (10) west; thence northerly on the range line between ranges + nine (9) and ten (10) west to the northeast corner of section thirty-six + (36) of said township and range; thence westerly on the section line + between sections twenty-five (25) and thirty-six (36), twenty-six (26) + and thirty-five (35), and twenty-seven (27) and thirty-four (34) to + the southeast corner of section twenty-eight (28) of said township + and range; thence northerly on the section line between sections + twenty-seven (27) and twenty-eight (28) to the northeast corner of said + section twenty-eight (28); thence westerly on the section line between + sections twenty-one (21) and twenty-eight (28), twenty (20) and + twenty-nine (29), and nineteen (19) and thirty (30) of said last-named + township and range, and on the unsurveyed section line between sections + twenty-four (24) and twenty-five (25), twenty-three (23) and twenty-six + (26), twenty-two (22) and twenty-seven (27), twenty-one (21) and + twenty-eight (28), twenty (20) and twenty-nine (29), and nineteen (19) + and thirty (30), township five (5) north, range eleven (11) west, to the + point for the northwest corner of section thirty (30) of said last-named + township and range; thence southerly on the range line between ranges + eleven (11) and twelve (12) west to the southeast corner of township + five (5) north, range twelve (12) west; thence westerly on the township + line between townships four (4) and five (5) north to the southwest + corner of township five (5) north, range twelve (12) west; thence + southerly on the range line between ranges twelve (12) and thirteen (13) + west to the northeast corner of section twenty-four (24), township four + (4) north, range thirteen (13) west; thence westerly on the section line + between sections thirteen (13) and twenty-four (24), fourteen (14) and + twenty-three (23), fifteen (15) and twenty-two (22), sixteen (16) and + twenty-one (21), seventeen (17) and twenty (20), and eighteen (18) and + nineteen (19) of said township and range, and sections thirteen (13) and + twenty-four (24), fourteen (14) and twenty-three (23), fifteen (15) and + twenty-two (22), sixteen (16) and twenty-one (21), seventeen (17) and + twenty (20), and eighteen (18) and nineteen (19), township four (4) + north, range fourteen (14) west, to the northwest corner of section + nineteen (19) of said last-named township and range; thence southerly + on the surveyed and unsurveyed range line between ranges fourteen (14) + and fifteen (15) west to the point for the southwest corner of township + three (3) north, range fourteen (14) west; thence easterly on the + unsurveyed township line between townships two (2) and three (3) north, + range fourteen (14) west, to a point for the northwest corner of section + four (4), township two (2) north, range fourteen (14) west; thence + southerly on the unsurveyed section line between sections four (4) and + five (5) to the point for the southwest corner of said section four (4); + thence easterly on the unsurveyed section line between sections four (4) + and nine (9), three (3) and ten (10), two (2) and eleven (11), and one + (1) and twelve (12) to a point for the southeast corner of section one + (1) of said township and range; thence southerly on the range line + between ranges thirteen (13) and fourteen (14) west to the southwest + corner of section seven (7), township two (2) north, range thirteen + (13) west; thence easterly on the surveyed and unsurveyed section line + between sections seven (7) and eighteen (18), eight (8) and seventeen + (17), nine (9) and sixteen (16), ten (10) and fifteen (15), eleven (11) + and fourteen (14), and twelve (12) and (13) to a point for the northeast + corner of section thirteen (13) of said township and range; thence + southerly on the range line between ranges twelve (12) and thirteen (13) + west to the southwest corner of township two (2) north, range twelve + (12) west; thence easterly on the surveyed and unsurveyed township line + between townships one (1) and two (2) north, range twelve (12) west, + to the point for the northwest corner of section one (1), township one + (1) north, range twelve (12) west; thence southerly on the unsurveyed + section line between sections one (1) and two (2) to the point for + the southwest corner of said section one (1); thence easterly on the + unsurveyed section line between sections one (1) and twelve (12) to the + point for the southeast corner of said section one (1); thence southerly + on the range line between ranges eleven (11) and twelve (12) west to the + southwest corner of section seven (7), township one (1) north, range + eleven (11) west; thence easterly on the section line between sections + seven (7) and eighteen (18), eight (8) and seventeen (17), nine (9) and + sixteen (16), ten (10) and fifteen (15), eleven (11) and fourteen (14), + and twelve (12) and thirteen (13) of said township and range, and + sections seven (7) and eighteen (18), eight (8) and seventeen (17), + nine (9) and sixteen (16), ten (10) and fifteen (15), eleven (11) and + fourteen (14), and twelve (12) and thirteen (13), township one (1) + north, range ten (10) west, to the southeast corner of section twelve + (12) of said last-named township and range; thence southerly on the + range line between ranges nine (9) and ten (10) west to the southwest + corner of section eighteen (18), township one (1) north, range nine (9) + west; thence easterly on the section line between sections eighteen (18) + and nineteen (19), seventeen (17) and twenty (20), sixteen (16) and + twenty-one (21), fifteen (15) and twenty-two (22), fourteen (14) and + twenty-three (23), and thirteen (13) and twenty-four (24) of said + township and range, and sections eighteen (18) and nineteen (19), + seventeen (17) and twenty (20), sixteen (16) and twenty-one (21), + fifteen (15) and twenty-two (22), fourteen (14) and twenty-three (23), + and thirteen (13) and twenty-four (24), township one (1) north, range + eight (8) west, to the southeast corner of section thirteen (13) of + said last-named township and range; thence northerly on the range line + between ranges seven (7) and eight (8) west to the southwest corner of + section seven (7), township one (1) north, range seven (7) west; thence + easterly on the section line between sections seven (7) and eighteen + (18), eight (8) and seventeen (17), nine (9) and sixteen (16), ten (10) + and fifteen (15), eleven (11) and fourteen (14), and twelve (12) and + thirteen (13) of said township and range, and on the surveyed and + unsurveyed section line between sections seven (7) and eighteen (18), + eight (8) and seventeen (17), nine (9) and sixteen (16), ten (10) + and fifteen (15), eleven (11) and fourteen (14), and twelve (12) and + thirteen (13), township one (1) north, range six (6) west, to the point + for the southeast corner of section twelve (12) of said last-named + township and range; thence northerly on the unsurveyed and surveyed + range line between ranges five (5) and six (6) west to the northeast + corner of township three (3) north, range six (6) west, the place of + beginning. +</p> +<p> + Excepting from the force and effect of this proclamation all lands which + may have been prior to the date hereof embraced in any legal entry or + covered by any lawful filing duly of record in the proper United States + land office, or upon which any valid settlement has been made pursuant + to law and the statutory period within which to make entry or filing + of record has not expired, and all mining claims duly located and held + according to the laws of the United States and rules and regulations + not in conflict therewith. +</p> +<p> + <i>Provided</i>, That this exception shall not continue to apply to any + particular tract of land unless the entryman, settler, or claimant + continues to comply with the law under which the entry, filing, + settlement, or location was made. +</p> +<p> + Warning is hereby expressly given to all persons not to enter or make + settlement upon the tract of land reserved by this proclamation. +</p> +<p> + In witness whereof I have hereunto set my hand and caused the seal of + the United States to be affixed. +</p> +<p> + [SEAL.] +</p> +<p> + Done at the city of Washington, this 20th day of December, A.D. 1892, + and of the independence of the United States the one hundred and + seventeenth. +</p> +<p class="r"> + BENJ. HARRISON. +</p> +<p><br> +By the President:<br> + JOHN W. FOSTER,<br> + <i>Secretary of State</i>. +</p> +<p> </p><p> </p> + +<h3> + BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. +</h3> +<h4> + A PROCLAMATION. +</h4> +<p> + Whereas it is provided by section 24 of the act of Congress approved + March 3, 1891, entitled "An act to repeal timber-culture laws, and for + other purposes"— +</p> +<p class="q"> + That the President of the United States may from time to time set + apart and reserve in any State or Territory having public land bearing + forests, in any part of the public lands wholly or in part covered with + timber or undergrowth, whether of commercial value or not, as public + reservations; and the President shall by public proclamation declare + the establishment of such reservations and the limits thereof. +</p> +<p> + And whereas it is provided by section 14 of said above-mentioned act + that the public lands in the Territory of Alaska reserved for public + purposes shall not be subject to occupation and sale; and +</p> +<p> + Whereas the public lands in the Territory of Alaska known as Afognak + Island are in part covered with timber and are required for public + purposes in order that salmon fisheries in the waters of the island, and + salmon and other fish and sea animals, and other animals and birds, and + the timber, undergrowth, grass, moss, and other growth in, on, and about + said island may be protected and preserved unimpaired, and it appears + that the public good would be promoted by setting apart and reserving + said lands as a public reservation; and +</p> +<p> + Whereas the United States Commissioner of Fish and Fisheries has + selected Afognak Bay, River, and Lake, with their tributary streams and + the sources thereof, and the lands including the same on said Afognak + Island and within 1 mile from the shores thereof, as a reserve for the + purpose of establishing fish-culture stations and the use of the United + States Commission of Fish and Fisheries, the boundary lines of which + include the headsprings of the tributaries above mentioned and the lands + the drainage of which is into the same: +</p> +<p> + Now, therefore, I, Benjamin Harrison, President of the United States, by + virtue of the power in me vested by sections 24 and 14 of the aforesaid + act of Congress and by other laws of the United States, do reserve and + do hereby make known and proclaim that there is hereby reserved from + occupation and sale and set apart as a public reservation, including use + for fish-culture stations, said Afognak Island, Alaska, and its adjacent + bays and rocks and territorial waters, including among others the Sea + Lion Rocks and Sea Otter Island: <i>Provided</i>, That this proclamation + shall not be so construed as to deprive any <i>bona fide</i> inhabitant of + said island of any valid right he may possess under the treaty for the + cession of the Russian possessions in North America to the United + States, concluded at Washington on the 30th day of March, 1867. +</p> +<p> + Warning is hereby expressly given to all persons not to enter upon or to + occupy the tract or tracts of land or waters reserved by this + proclamation, or to fish in or use any of the waters herein described or + mentioned, and that all persons or corporations now occupying said + island or any of said premises except under said treaty shall depart + therefrom. +</p> +<p> + In witness whereof I have hereunto set my hand and caused the seal of + the United States to be affixed. +</p> +<p> + [SEAL.] +</p> +<p> + Done at the city of Washington, this 24th day of December, A.D. 1892, + and of the Independence of the United States the one hundred and + seventeenth. +</p> +<p class="r"> + BENJ. HARRISON. +</p> +<p><br> +By the President:<br> + JOHN W. FOSTER,<br> + <i>Secretary of State</i>. +</p> +<p> </p><p> </p> + +<h3> + BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. +</h3> +<h4> + A PROCLAMATION. +</h4> +<p> + Whereas it is provided by section 24 of the act of Congress approved + March 3, 1891, entitled "An act to repeal timber-culture laws, and for + other purposes"— +</p> +<p class="q"> + That the President of the United States may from time to time set + apart and reserve in any State or Territory having public land bearing + forests, in any part of the public lands wholly or in part covered with + timber or undergrowth, whether of commercial value or not, as public + reservations; and the President shall by public proclamation declare + the establishment of such reservations and the limits thereof. +</p> +<p> + And whereas the public lands in the State of Colorado within the limits + hereinafter described are in part covered with timber, and it appears + that the public good would be promoted by setting apart and reserving + said lands as a public reservation: +</p> +<p> + Now, therefore, I, Benjamin Harrison, President of the United States, + by virtue of the power in me vested by section 24 of the aforesaid act + of Congress, do hereby make known and proclaim that there is hereby + reserved from entry or settlement and set apart as a public reservation + all those certain tracts, pieces, or parcels of land lying and being + situate in the State of Colorado and particularly described as follows, + to wit: +</p> +<p> + Beginning at the northeast corner of township seven (7) south, range + ninety-three (93) west of the sixth (6th) principal meridian; thence + westerly along the township line between townships six (6) and seven + (7) south to the northwest corner of township seven (7) south, range + ninety-three (93) west; thence southerly along the range line between + ranges ninety-three (93) and ninety-four (94) west to the northwest + corner of section nineteen (19), township seven (7) south, range + ninety-three (93) west; thence westerly along the unsurveyed section + line between sections thirteen (13) and twenty-four (24), fourteen (14) + and twenty-three (23), fifteen (15) and twenty-two (22), sixteen (16) + and twenty-one (21), seventeen (17) and twenty (20), and eighteen (18) + and nineteen (19), township seven (7) south, range ninety-four (94) + west, to the northwest corner of section nineteen (19) of said township + and range; thence southerly along the range line between ranges + ninety-four (94) and ninety-five (95) west to the northwest corner of + township eight (8) south, range ninety-four (94) west; thence westerly + along the township line between townships seven (7) and eight (8) south + to the northwest corner of section three (3), township eight (8) south, + range ninety-five (95) west; thence southerly along the section line + between sections three (3) and four (4), nine (9) and ten (10), and + fifteen (15) and sixteen (16) to the northwest corner of section + twenty-two (22) of said township and range; thence westerly along + the section line between sections sixteen (16) and twenty-one (21), + seventeen (17) and twenty (20), and eighteen (18) and nineteen (19) of + said township and range, and sections thirteen (13) and twenty-four + (24), fourteen (14) and twenty-three (23), and fifteen (15) and + twenty-two (22), township eight (8) south, range ninety-six (96) west, + to the northwest corner of section twenty-two (22) of said township and + range; thence southerly along the section line between sections + twenty-one (21) and twenty-two (22), twenty-seven (27) and twenty-eight + (28), and thirty-three (33) and thirty-four (34) of said township and + range to the northwest corner of section three (3), township nine (9) + south, range ninety-six (96) west; thence westerly along the township + line between townships eight (8) and nine (9) south to the northwest + corner of section three (3), township nine (9) south, range ninety-seven + (97) west; thence southerly along the section line between sections + three (3) and four (4), nine (9) and ten (10), fifteen (15) and sixteen + (16), twenty-one (21) and twenty-two (22), twenty-seven (27) and + twenty-eight (28), and thirty-three (33) and thirty-four (34) to the + southwest corner of section thirty-four (34) of said township and range; + thence easterly along the township line between townships nine (9) and + ten (10) south to the southeast corner of township nine (9) south, range + ninety-six (96) west; thence northerly along the range line between + ranges ninety-five (95) and ninety-six (96) west to the southeast corner + of section thirteen (13), township nine (9) south, range ninety-six (96) + west; thence easterly along the section line between sections eighteen + (18) and nineteen (19), seventeen (17) and twenty (20), sixteen (16) and + twenty-one (21), fifteen (15) and twenty-two (22), fourteen (14) and + twenty-three (23), and thirteen (13) and twenty-four (24), township + nine (9) south, range ninety-five (95) west, to the southeast corner of + section thirteen (13) of said township and range; thence northerly along + the range line between ranges ninety-four (94) and ninety-five (95) west + to the southeast corner of township eight (8) south, range ninety-five + (95) west; thence easterly along the township line between townships + eight (8) and nine (9) south to the southwest corner of township eight + (8) south, range ninety-two (92) west; thence southerly along the range + line between ranges ninety-two (92) and ninety-three (93) west to the + southwest corner of township ten (10) south, range ninety-two (92) west; + thence westerly along the second (2d) correction line south between + townships ten (10) and eleven (11) south to the northwest corner of + township eleven (11) south, range ninety-six (96) west; thence southerly + along the range line between ranges ninety-six (96) and ninety-seven + (97) west to the northwest corner of township twelve (12) south, range + ninety-six (96) west; thence westerly along the township line between + townships eleven (11) and twelve (12) south to the northwest corner of + fractional section two (2), fractional township twelve (12) south, + fractional range ninety-eight (98) west; thence southerly along the + range line between fractional range ninety-eight (98) west of the sixth + (6th) principal meridian and range two (2) east of the Ute principal + meridian to the southwest corner of fractional section thirty-five (35), + fractional township thirteen (13) south, fractional range ninety-eight + (98) west of the sixth (6th) principal meridian; thence easterly along + the township line between township thirteen (13) and fractional township + fourteen (14) south to the southwest corner of township thirteen (13) + south, range ninety-six (96) west; thence southerly along the range + line between ranges ninety-six (96) and ninety-seven (97) west to the + southwest corner of township fourteen (14) south, range ninety-six + (96) west; thence easterly along the township line between townships + fourteen (14) and fifteen (15) south to the southeast corner of + section thirty-three (33), township fourteen (14) south, range + ninety-five (95) west; thence northerly along the section line between + sections thirty-three (33) and thirty-four (34), twenty-seven (27) and + twenty-eight (28), twenty-one (21) and twenty-two (22), fifteen (15) + and sixteen (16), nine (9) and ten (10), and three (3) and four (4), + townships fourteen (14) and thirteen (13) south, range ninety-five (95) + west, and sections thirty-three (33) and thirty-four (34), twenty-seven + (27) and twenty-eight (28), and twenty-one (21) and twenty-two (22), + township twelve (12) south, range ninety-five (95) west, to the + southeast corner of section sixteen (16) of said township and range; + thence easterly along the section line between sections fifteen (15) and + twenty-two (22), fourteen (14) and twenty-three (23), and thirteen (13) + and twenty-four (24), township twelve (12) south, range ninety-five (95) + west, and sections eighteen (18) and nineteen (19), seventeen (17) + and twenty (20), sixteen (16) and twenty-one (21), fifteen (15) and + twenty-two (22), fourteen (14) and twenty-three (23), and thirteen (13) + and twenty-four (24), township twelve (12) south, range (94) west, to + the south west corner of section eighteen (18), township twelve (12) + south, range ninety-three (93) west; thence southerly along the range + line between ranges ninety-three (93) and ninety-four (94) west to the + southwest corner of township twelve (12) south, range ninety-three (93) + west; thence easterly along the township line between townships twelve + (12) and thirteen (13) south to the southeast corner of township twelve + (12) south, range ninety-two (92) west; thence northerly along the range + line between ranges ninety-one (91) and ninety-two (92) west to the + southeast corner of township eleven (11) south, range ninety-two (92) + west; thence easterly along the township line between townships eleven + (11) and twelve (12) south to the southwest corner of township eleven + (11) south, range ninety (90) west; thence southerly along the range + line between ranges ninety (90) and ninety-one (91) west to the + southwest corner of township twelve (12) south, range ninety (90) west; + thence easterly along the township line between townships twelve (12) + and thirteen (13) south to the southeast corner of township twelve (12) + south, range eighty-nine (89) west; thence northerly along the surveyed + and unsurveyed range line between ranges eighty-eight (88) and + eighty-nine (89) west to the northeast corner of township eleven (11) + south, range eighty-nine (89) west; thence easterly along the second + (2d) correction line south to the southeast corner of township ten (10) + south, range eighty-nine (89) west; thence northerly along the range + line between ranges eighty-eight (88) and eighty-nine (89) west to the + northeast corner of township nine (9) south, range eighty-nine (89) + west; thence westerly along the township line between townships eight + (8) and nine (9) south to the northeast corner of township nine (9) + south, range ninety (90) west; thence northerly along the range line + between ranges eighty-nine (89) and ninety (90) west to the northeast + corner of township eight (8) south, range ninety (90) west; thence + westerly along the surveyed and unsurveyed township line between + townships seven (7) and eight (8) south to the northeast corner of + township eight (8) south, range ninety-three (93) west; thence northerly + along the range line between ranges ninety-two (92) and ninety-three + (93) west to the northeast corner of township seven (7) south, range + ninety-three (93) west, the place of beginning. +</p> +<p> + Excepting from the force and effect of this proclamation all lands which + may have been prior to the date hereof embraced in any legal entry or + covered by any lawful filing duly of record in the proper United States + land office, or upon which any valid settlement has been made pursuant + to law and the statutory period within which to make entry or filing + of record has not expired, and all mining claims duly located and held + according to the laws of the United States and rules and regulations + not in conflict therewith. +</p> +<p> + <i>Provided</i>, That this exception shall not continue to apply to any + particular tract of land unless the entryman, settler, or claimant + continues to comply with the law under which the entry, filing, + settlement, or location was made. +</p> +<p> + Warning is hereby expressly given to all persons not to enter or make + settlement upon the tract of land reserved by this proclamation. +</p> +<p> + In witness whereof I have hereunto set my hand and caused the seal of + the United States to be affixed. +</p> +<p> + [SEAL.] +</p> +<p> + Done at the city of Washington, this 24th day of December, A.D. 1892, + and of the Independence of the United States the one hundred and + seventeenth. +</p> +<p class="r"> + BENJ. HARRISON. +</p> +<p><br> +By the President:<br> + JOHN W. FOSTER,<br> + <i>Secretary of State</i>. +</p> +<p> </p><p> </p> + +<h3> + BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. +</h3> +<h4> + A PROCLAMATION. +</h4> +<p> + Whereas, pursuant to section 3 of the act of Congress approved October + 1, 1890, entitled "An act to reduce the revenue and equalize duties on + imports, and for other purposes," the Secretary of State of the United + States of America communicated to the Government of Salvador the action + of the Congress of the United States of America, with a view to secure + reciprocal trade, in declaring the articles enumerated in said section 3 + to be exempt from duty upon their importation into the United States of + America; and +</p> +<p> + Whereas the minister for foreign affairs for the Republic of Salvador + has communicated to the envoy extraordinary and minister plenipotentiary + of the United States to Salvador that the Congress of Salvador has by + due legal enactment authorized the executive power to conclude a + definitive commercial arrangement with the United States to supersede + the existing provisional arrangement; and +</p> +<p> + Whereas, in reciprocity for the admission into the United States of + America free of all duty of the articles enumerated in section 3 of said + act, the Government of Salvador will admit free of all duty from and + after December 31, 1892, into all the established ports of entry of + Salvador the articles or merchandise named in the following schedule, + provided that the same is the manufacture or product of the United + States: +</p> +<p class="q" style="text-align: center;"> + PRODUCTS AND MANUFACTURES OF THE UNITED STATES TO BE ADMITTED INTO + SALVADOR FREE OF CUSTOMS DUTIES AND OF ALL CHARGES, WHETHER NATIONAL + OR PROVINCIAL. +</p> +<p class="q"><br> + 1. Cotton-seed oil. +<br> + 2. Live animals. +<br> + 3. Tar, vegetable and mineral. +<br> + 4. Wire, barbed, and staples for fences. +<br> + 5. Apparatus for distilling liquors. +<br> + 6. Plows, cultivators, hoes, axes, machetes, shovels, and rakes. +<br> + 7. Quicksilver. +<br> + 8. Barrels, casks, and tanks of iron for water. +<br> + 9. Mineral ores. +<br> + 10. Boats, lighters, tackle, anchors, chains, girtlines, sails, and + all other articles for vessels, to be used in the ports, lakes, + and rivers of the Republic. +<br> + 11. Coal, mineral. +<br> + 12. Roman cement and hydraulic lime. +<br> + 13. Kettles for making salt. +<br> + 14. Wooden staves, barrel heads and hoops. +<br> + 15. Houses of wood and iron, complete and in parts. +<br> + 16. Beans, potatoes, and onions. +<br> + 17. Fruits, fresh. +<br> + 18. Guano and other fertilizers, natural and artificial. +<br> + 19. Guys for mining purposes. +<br> + 20. Hay and straw for forage. +<br> + 21. Furnaces and instruments for assaying metals. +<br> + 22. Scientific instruments. +<br> + 23. Loadstones. +<br> + 24. Bricks, fire bricks, and crucibles for melting. +<br> + 25. Hops. +<br> + 26. Printed books, pamphlets and newspapers, bound or unbound, maps, + photographs, printed music, and paper for music. +<br> + 27. Corn, rice, barley, and rye. +<br> + 28. Marble, dressed, for furniture, statues, fountains, gravestones, + and building purposes. +<br> + 29. Machinery of all kinds, including sewing machines, and separate or + extra parts for the same. +<br> + 30. Materials of all kinds for the construction and operation of + railroads. +<br> + 31. Materials of all kinds for the construction and operation of + telegraphic and telephonic lines. +<br> + 32. Materials of all kinds for lighting by electricity and gas. +<br> + 33. Materials of all kinds for the construction of wharves in ports, + lakes, or rivers. +<br> + 34. Wood of all kinds for building, in trunks or pieces, beams, + rafters, planks, boards, shingles, and flooring. +<br> + 35. Molds for making sugar. +<br> + 36. Models of machinery and buildings. +<br> + 37. Printing materials, including presses, ink, and all other + accessories. +<br> + 38. Samples of merchandise the duties on which do not exceed $1. +<br> + 39. Gold and silver in bars, dust, or coin. +<br> + 40. Preparations of flour in biscuits, crackers, not sweetened, + macaroni, vermicelli, and tallarin. +<br> + 41. Plates of iron for building purposes. +<br> + 42. Kettles for making sugar. +<br> + 43. Sulphate of quinine. +<br> + 44. Tubes of iron and all other accessories for water supply. +<br> + 45. Wagons, carts, and carriages of all kinds, and separate parts for + the same. +</p> +<p class="q"> + It is understood that the packages or coverings in which the articles + named in the foregoing schedule are imported shall be free of duty if + they are usual and proper for the purpose. +</p> +<p> + And whereas the Government of Salvador has further stipulated that the + laws and regulations adopted to protect its revenue and prevent fraud + in the declarations and proof that the articles named in the foregoing + schedule are the product or manufacture of the United States of America + shall impose no additional charges on the importer nor undue + restrictions on the articles imported; and +</p> +<p> + Whereas the envoy extraordinary and minister plenipotentiary of the + United States to Salvador has informed the Government of Salvador + that its action in granting freedom of duties to the products and + manufactures of the United States of America on their importation into + Salvador is accepted as a due reciprocity for the action of Congress + as set forth in section 3 of said act: +</p> +<p> + Now, therefore, be it known that I, Benjamin Harrison, President of the + United States of America, have caused the above-stated modifications of + the tariff laws of Salvador to be made public for the information of the + citizens of the United States of America. +</p> +<p> + In testimony whereof I have hereunto set my hand and caused the seal of + the United States to be affixed. +</p> +<p> + [SEAL.] +</p> +<p> + Done at the city of Washington, this 27th day of December, A.D. 1892, + and of the Independence of the United States the one hundred and + seventeenth. +</p> +<p class="r"> + BENJ. HARRISON. +</p> +<p><br> +By the President:<br> + JOHN W. FOSTER,<br> + <i>Secretary of State</i>. +</p> +<p> </p><p> </p> + +<h3> + BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. +</h3> +<h4> + A PROCLAMATION. +</h4> +<p> + Whereas Congress by a statute approved March 22, 1882, and by statutes + in furtherance and amendment thereof defined the crimes of bigamy, + polygamy, and unlawful cohabitation in the Territories and other places + within the exclusive jurisdiction of the United States and prescribed a + penalty for such crimes; and +</p> +<p> + Whereas on or about the 6th day of October, 1890, the Church of the + Latter-day Saints, commonly known as the Mormon Church, through its + president issued a manifesto proclaiming the purpose of said church no + longer to sanction the practice of polygamous marriages and calling upon + all members and adherents of said church to obey the laws of the United + States in reference to said subject-matter; and +</p> +<p> + Whereas it is represented that since the date of said declaration the + members and adherents of said church have generally obeyed said laws and + have abstained from plural marriages and polygamous cohabitation; and +</p> +<p> + Whereas by a petition dated December 19, 1891, the officials of said + church, pledging the membership thereof to a faithful obedience to the + laws against plural marriage and unlawful cohabitation, have applied to + me to grant amnesty for past offenses against said laws, which request a + very large number of influential non-Mormons residing in the Territories + have also strongly urged; and +</p> +<p> + Whereas the Utah Commission in their report bearing date September + 15, 1892, recommend that said petition be granted and said amnesty + proclaimed, under proper conditions as to the future observance of the + law, with a view to the encouragement of those now disposed to become + law-abiding citizens; and +</p> +<p> + Whereas during the past two years such amnesty has been granted to + individual applicants in a very large number of cases, conditioned + upon the faithful observance of the laws of the United States against + unlawful cohabitation, and there are now pending many more such + applications: +</p> +<p> + Now, therefore, I, Benjamin Harrison, President of the United States, + by virtue of the powers in me vested, do hereby declare and grant a full + amnesty and pardon to all persons liable to the penalties of said act by + reason of unlawful cohabitation under the color of polygamous or plural + marriage who have since November 1, 1890, abstained from such unlawful + cohabitation, but upon the express condition that they shall in the + future faithfully obey the laws of the United States hereinbefore named, + and not otherwise. Those who shall fail to avail themselves of the + clemency hereby offered will be vigorously prosecuted. +</p> +<p> + In witness whereof I have hereunto set my hand and caused the seal of + the United States to be affixed. +</p> +<p> + [SEAL.] +</p> +<p> + Done at the city of Washington, this 4th day of January, A.D. 1893, and + of the Independence of the United States the one hundred and + seventeenth. +</p> +<p class="r"> + BENJ. HARRISON. +</p> +<p><br> +By the President:<br> + JOHN W. FOSTER,<br> + <i>Secretary of State</i>. +</p> +<p> </p><p> </p> + + +<h3> + BY THE PRESIDENT OF THE UNITED STATES OF AMERICA, +</h3> +<h4> + A PROCLAMATION. +</h4> +<p> + Whereas it is provided by section 24 of the act of Congress approved + March 3, 1891, entitled "An act to repeal timber-culture laws, and for + other purposes"— +</p> +<p class="q"> + That the President of the United States may from time to time set + apart and reserve in any State or Territory having public land bearing + forests, in any part of the public lands wholly or in part covered with + timber or undergrowth, whether of commercial value or not, as public + reservations; and the President shall by public proclamation declare + the establishment of such reservations and the limits thereof. +</p> +<p> + And whereas the public lands in the State of California within the + limits hereinafter described are in part covered with timber, and it + appears that the public good would be promoted by setting apart and + reserving said lands as a public reservation: +</p> +<p> + Now, therefore, I, Benjamin Harrison, President of the United States, + by virtue of the power in me vested by section 24 of the aforesaid act + of Congress, do hereby make known and proclaim that there is hereby + reserved from entry or settlement and set apart as a public reservation + all those certain tracts, pieces, or parcels of land lying and being + situate in the State of California and within the boundaries + particularly described as follows, to wit: +</p> +<p> + Beginning at the northeast corner of township five (5) south, range + thirty (30) east, on the first (1st) standard parallel south, Mount + Diablo meridian, California; thence westerly along said first (1st) + standard parallel to the northwest corner of township five (5) south, + range twenty-one (21) east; thence southerly on the range line between + ranges twenty (20) and twenty-one (21) east to the southwest corner of + township six (6) south, range twenty-one (21) east; thence easterly on + the township line between townships six (6) and seven (7) south to the + southeast corner of township six (6) south, range twenty-one (21) east; + thence southerly on the range line between ranges twenty-one (21) and + twenty-two (22) east to the southwest corner of township seven (7) + south, range twenty-two (22) east; thence easterly along the township + line between townships seven (7) and eight (8) south to the southeast + corner of township seven (7) south, range twenty-two (22) east; thence + southerly along the range line between ranges twenty-two (22) and + twenty-three (23) east to the southwest corner of township eight (8) + south, range twenty-three (23) east; thence easterly along the second + (2d) standard parallel south to the northeast corner of township nine + (9) south, range twenty-three (23) east; thence southerly along the + unsurveyed and surveyed range line between ranges twenty-three (23) and + twenty-four (24) east to the southwest corner of township nine (9) + south, range twenty-four (24) east; thence easterly along the township + line between townships nine (9) and ten (10) south to the southeast + corner of township nine (9) south, range twenty-four (24) east; thence + southerly along the range line between ranges twenty-four (24) and + twenty-five (25) east to the southwest corner of township ten (10) + south, range twenty-five (25) east; thence easterly along the township + line between townships ten (10) and eleven (11) south to the southeast + corner of township ten (10) south, range twenty-five (25) east; thence + southerly along the unsurveyed and surveyed range line between ranges + twenty-five (25) and twenty-six (26) east to the southwest corner of + township twelve (12) south, range twenty-six (26) east; thence easterly + along the third (3d) standard parallel south to the northwest corner + of township thirteen (13) south, range twenty-seven (27) east; thence + southerly along the range line between ranges twenty-six (26) and + twenty-seven (27) east to the southwest corner of township thirteen (13) + south, range twenty-seven (27) east; thence easterly along the township + line between townships thirteen (13) and fourteen (14) south to the + southeast corner of township thirteen (13) south, range twenty-seven + (27) east; thence northerly along the boundary line of "General Grant + National Park" to the northwest corner, easterly the northeast corner, + southerly to the southeast corner, and westerly to the southwest corner + of said park; thence southerly along the range line between ranges + twenty-seven (27) and twenty-eight (28) east to the southwest corner + of township fourteen (14) south, range twenty-eight (28) east; thence + easterly along the township line between townships fourteen (14) and + fifteen (15) south to the southwest corner of township fourteen (14) + south, range thirty-one (31) east; thence southerly along the range line + between ranges thirty (30) and thirty-one (31) east to the fourth (4th) + standard parallel south; thence westerly along said fourth (4th) + standard parallel to the northwest corner of township seventeen (17) + south, range thirty-one (31) east; thence southerly along the range line + between ranges thirty (30) and thirty-one (31) east to the southwest + corner of township seventeen (17) south, range thirty-one (31) east; + thence easterly along the township line between townships seventeen (17) + and eighteen (18) south to the southeast corner of township seventeen + (17) south, range thirty-one (31) east; thence southerly along the range + line between ranges thirty-one (31) and thirty-two (32) east to the + southwest corner of township eighteen (18) south, range thirty-two (32) + east; thence westerly along the township line between townships eighteen + (18) and nineteen (19) south to the northwest corner of township + nineteen (19) south, range thirty (30) east; thence southerly along the + range line between ranges twenty-nine (29) and thirty (30) east to the + fifth (5th) standard parallel south; thence westerly along said fifth + (5th) standard parallel to the northwest corner of township twenty-one + (21) south, range thirty (30) east; thence southerly along the range + line between ranges twenty-nine (29) and thirty (30) east to a point on + said range line where it intersects the northern boundary line of the + "Tule River Indian Reservation;" thence easterly and northeasterly along + the northern boundary line of said reservation to the northeast corner + thereof, located in the southwest quarter of section twenty-one (21), + township twenty-one (21) south, range thirty-one (31) east; thence + southerly along the eastern boundary of said reservation to the + southeast corner thereof, located in the northwest quarter of section + thirty-three (33), township twenty-two (22) south, range thirty-one (31) + east; thence westerly and southwesterly along the southern boundary of + said reservation to a point where it is intersected by the range line + between ranges twenty-nine (29) and thirty (30) east; thence southerly + along said range line to the southwest corner of township twenty-three + (23) south, range thirty (30) east; thence easterly along the township + line between townships twenty-three (23) and twenty-four (24) south to + the southeast corner of township twenty-three (23) south, range thirty + (30) east; thence southerly along the range line between ranges thirty + (30) and thirty-one (31) east to the sixth (6th) standard parallel + south; thence westerly along said sixth (6th) standard parallel to the + northwest corner of township twenty-five (25) south, range thirty-one + (31) east; thence southerly along the range line between ranges thirty + (30) and thirty-one (31) east to the southwest corner of township + twenty-six (26) south, range thirty-one (31) east; thence westerly along + the township line between townships twenty-six (26) and twenty-seven + (27) south to the northwest corner of township twenty-seven (27) south, + range thirty (30) east; thence southerly along the range line between + ranges twenty-nine (29) and thirty (30) east to the seventh (7th) + standard parallel south; thence easterly along said seventh (7th) + standard parallel to the southeast corner of township twenty-eight (28) + south, range thirty-seven (37) east; thence northerly along the range + line between ranges thirty-seven (37) and thirty-eight (38) east to the + sixth (6th) standard parallel south; thence easterly along said sixth + (6th) standard parallel to the southeast corner of township twenty-four + (24) south, range thirty-seven (37) east; thence northerly along the + range line between ranges thirty-seven (37) and thirty-eight (38) east + to the northeast corner of township twenty-four (24) south, range + thirty-seven (37) east; thence easterly along the township line between + townships twenty-three (23) and twenty-four (24) south to the southeast + corner of township twenty-three (23) south, range thirty-seven (37) + east; thence northerly along the range line between ranges thirty-seven + (37) and thirty-eight (38) east to the fifth (5th) standard parallel + south; thence westerly along said fifth (5th) standard parallel south to + the southeast corner of section thirty-one (31), township twenty (20) + south, range thirty-seven (37) east; thence northerly along the western + boundary line of sections thirty-two (32), twenty-nine (29), twenty + (20), seventeen (17), eight (8), and five (5) to the northwest corner of + section five (5) in said township and range; thence westerly along the + township line between townships nineteen (19) and twenty (20) south to + the southeast corner of township nineteen (19) south, range thirty-six + (36) east; thence northerly along the range line between ranges + thirty-six (36) and thirty-seven (37) east to the quarter-section corner + on the east line of section thirty-six (36), township nineteen (19) + south, range thirty-six (36) east, westerly on a line through the + centers of sections thirty-six (36) and thirty-five (35) to the center + of section thirty-five (35), northerly on a line through the centers + of sections thirty-five (35), twenty-six (26), twenty-three (23), and + fourteen (14) to the center of section fourteen (14), easterly on a line + through the center of section fourteen (14) to the quarter-section + corner between said section fourteen (14) and section thirteen (13), + and northerly along the section lines on the west boundary of sections + thirteen (13), twelve (12), and one (1) to the northwest corner of + section one (1), all of said township and range; thence northerly along + the section lines on the west boundary of sections thirty-six (36) and + twenty-five (25), township eighteen (18) south, range thirty-six (36) + east, to the northwest corner of said section twenty-five (25), easterly + along the section line between sections twenty-four (24) and twenty-five + (25) to the quarter-section corner between said sections, northerly + through the centers of sections twenty-four (24) and thirteen (13) to + the quarter-section corner between sections thirteen (13) and twelve + (12), westerly along the section line to the southwest corner of section + twelve (12), and northerly along the section lines on the west boundary + of sections twelve (12) and one (1) to the northwest corner of section + one (1) of said township and range; thence northerly along the section + line on the west boundary of section thirty-six (36), township seventeen + (17) south, range thirty-six (36) east, to the quarter-section corner + between sections thirty-five (35) and thirty-six (36), westerly to the + center of section thirty-five (35), northerly on a line through the + centers of sections thirty-five (35), twenty-six (26), twenty-three + (23), fourteen (14), and eleven (11) to the quarter-section corner + between sections eleven (11) and two (2), westerly along the section + line to the southwest corner of section two (2), and northerly along the + section line to the northwest corner of section two (2), all of said + township and range; thence westerly along the surveyed and unsurveyed + line of the fourth (4th) standard parallel south to the southwest corner + of township sixteen (16) south, range thirty-four (34) east; thence + northerly along the range line between ranges thirty-three (33) and + thirty-four (34) east to the northwest corner of township fifteen (15) + south, range thirty-four (34) east; thence easterly along the township + line between townships fourteen (14) and fifteen (15) south to the + southwest corner of township fourteen (14) south, range thirty-five (35) + east; thence northerly on the range line between ranges thirty-four (34) + and thirty-five (35) east to the northwest corner of township fourteen + (14) south, range thirty-five (35) east; thence westerly along the + township line between townships thirteen (13) and fourteen (14) south to + the southwest corner of section thirty-five (35), township thirteen (13) + south, range thirty-four (34) east, northerly along the section line + to the quarter-section corner between sections thirty-four (34) and + thirty-five (35), westerly to the center of section thirty-four (34), + northerly on a line through the centers of sections thirty-four (34) and + twenty-seven (27) to the center of section twenty-seven (27), easterly + through section twenty-seven (27) to the quarter-section corner between + sections twenty-seven (27) and twenty-six (26), northerly along the + section lines on the west boundary of sections twenty-six (26), + twenty-three (23), fourteen (14), eleven (11), and two (2) to the + northwest corner of west lot one (1) in section two (2), easterly to + the southwest corner of the east lot two (2) in section two (2), and + northerly to the northwest corner of the west half of east lot six (6), + section two (2), all of said township and range; thence westerly along + the third (3d) standard parallel south to the southwest corner of + section thirty-four (34), township twelve (12) south, range thirty-four + (34) east, northerly along the section line to the quarter-section + corner between sections thirty-four (34) and thirty-three (33), + westerly to the center of section thirty-three (33), northerly to + the quarter-section corner between sections thirty-three (33) and + twenty-eight (28), westerly on the section line to the southwest corner + of section twenty-eight (28), northerly along the section lines on the + west boundary of sections twenty-eight (28), twenty-one (21), sixteen + (16), nine (9), and four (4) to the quarter-section corner between + sections four (4) and five (5), westerly to the center of section five + (5), and northerly to the quarter-section corner on the north boundary + of said section five (5), all of said township and range; thence + westerly along the township line between townships eleven (11) and + twelve (12) south to the southwest corner of section thirty-two (32), + township eleven (11) south, range thirty-four (34) east, northerly along + the section lines on the west boundary of sections thirty-two (32), + twenty-nine (29), twenty (20), seventeen (17), and eight (8) to the + quarter-section corner between sections seven (7) and eight (8), + westerly on a line through the center of section seven (7), township + eleven (11) south, range thirty-four (34) east, and sections twelve + (12) and eleven (11), township eleven (11) south, range thirty-three + (33) east, to the center of said section eleven (11), and northerly + on a central line through sections eleven (11) and two (2) to the + quarter-section corner on the north line of section two (2), township + eleven (11) south, range thirty-three (33) east; thence westerly on the + township line between townships ten (10) and eleven (11) south to the + southwest corner of section thirty-five (35), township ten (10) south, + range thirty-three (33) east, northerly to the quarter-section corner + between sections thirty-five (35) and thirty-four (34), westerly to the + center of section thirty-four (34), northerly on a line through the + centers of sections thirty-four (34), twenty-seven (27), and twenty-two + (22) to the center of section twenty-two (22), easterly to the center + of section twenty-three (23), northerly through the centers of sections + twenty-three (23), fourteen (14), and eleven (11) to the center of + section eleven (11), easterly to the quarter-section corner between + sections eleven (11) and twelve (12), northerly along the section line + to the northwest corner of section twelve (12), easterly along the + section line to the quarter-section corner between sections twelve (12) + and one (1), northerly to the center of section one (1), easterly to + the quarter-section corner on the east line of section one (1), and + northerly to the northeast corner of section one (1), all of said + township and range; thence westerly along the unsurveyed township line + between townships ten (10) and nine (9) south to the southeast corner of + township nine (9) south, range thirty-two (32) east; thence northerly + along the range line between ranges thirty-two (32) and thirty-three + (33) east to the northeast corner of township nine (9) south, range + thirty-two (32) east; thence westerly along the second (2d) standard + parallel south to the southeast corner of township eight (8) south, + range thirty-one (31) east; thence northerly along the surveyed and + unsurveyed range line between ranges thirty-one (31) and thirty-two + (32) east to the northeast corner of township eight (8) south, range + thirty-one (31) east; thence westerly along the township line between + townships seven (7) and eight (8) south to the southeast corner of + township seven (7) south, range thirty (30) east; thence northerly along + the range line between ranges thirty (30) and thirty-one (31) east to + the northeast corner of township five (5) south, range thirty (30) east, + the place of beginning. +</p> +<p> + Excepting from the force and effect of this proclamation all lands which + may have been prior to the date hereof embraced in any legal entry or + covered by any lawful filing duly of record in the proper United States + land office, or upon which any valid settlement has been made pursuant + to law and the statutory period within which to make entry or filing + of record has not expired, and all mining claims duly located and held + according to the laws of the United States and the rules and regulations + not in conflict therewith. +</p> +<p> + <i>Provided</i>, That this exception shall not continue to apply to any + particular tract of land unless the entryman, settler, or claimant + continues to comply with the law under which the entry, filing, + settlement, or location was made. +</p> +<p> + Warning is hereby expressly given to all persons not to enter or make + settlement upon the tract of land reserved by this proclamation. +</p> +<p> + In witness whereof I have hereunto set my hand and caused the seal of + the United States to be affixed. +</p> +<p> + [SEAL.] +</p> +<p> + Done at the city of Washington, this 14th day of February, A.D. 1893, + and of the Independence of the United States the one hundred and + seventeenth. +</p> +<p class="r"> + BENJ. HARRISON. +</p> +<p><br> +By the President:<br> + JOHN W. FOSTER,<br> + <i>Secretary of State</i>. +</p> +<p> </p><p> </p> + +<h3> + BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. +</h3> +<h4> + A PROCLAMATION. +</h4> +<p> + Whereas it is provided by section 24 of the act of Congress approved + March 3, 1891, entitled "An act to repeal timber-culture laws, and for + other purposes"— +</p> +<p class="q"> + That the President of the United States may from time to time set + apart and reserve in any State or Territory having public land bearing + forests, in any part of the public lands wholly or in part covered with + timber or undergrowth, whether of commercial value or not, as public + reservations; and the President shall by public proclamation declare + the establishment of such reservations and the limits thereof. +</p> +<p> + And whereas the public lands in the State of Washington within the + limits hereinafter described are in part covered with timber, and it + appears that the public good would be promoted by setting apart and + reserving said lands as a public reservation: +</p> +<p> + Now, therefore, I, Benjamin Harrison, President of the United States, + by virtue of the power in me vested by section 24 of the aforesaid act + of Congress, do hereby make known and proclaim that there is hereby + reserved from entry or settlement and set apart as a public reservation + all those certain tracts, pieces, or parcels of land lying and being + situate in the State of Washington and within the boundaries + particularly described as follows, to wit: +</p> +<p> + Beginning at the southwest corner of township thirteen (13) north, range + fifteen (15) east of the Willamette base and meridian; thence northerly + along the surveyed and unsurveyed range line between ranges fourteen + (14) and fifteen (15) east, subject to the proper easterly or westerly + offset on the fourth (4th) standard parallel north, to the point for + the northeast corner of township eighteen (18) north, range fourteen + (14) east; thence westerly along the unsurveyed township line between + townships eighteen (18) and nineteen (19) north to the southeast corner + of township nineteen (19) north, range seven (7) east; thence southerly + along the unsurveyed range line between ranges seven (7) and eight (8) + east, subject to the proper easterly or westerly offsets on the township + line between townships seventeen (17) and eighteen (18) north, and the + fourth (4th) standard parallel north to the point for the southwest + corner of township thirteen (13) north, range eight (8) east; thence + easterly along the unsurveyed township line between townships twelve + (12) and thirteen (13) north to the southwest corner of township + thirteen (13) north, range fifteen (15) east, the place of beginning. +</p> +<p> + Excepting from the force and effect of this proclamation all lands which + may have been prior to the date hereof embraced in any legal entry or + covered by any lawful filing duly of record in the proper United States + land office, or upon which any valid settlement has been made pursuant + to law and the statutory period within which to make entry or filing of + record has not expired, and all mining claims duly located and held + according to the laws of the United States and rules and regulations not + in conflict therewith. +</p> +<p> + <i>Provided</i>, That this exception shall not continue to apply to any + particular tract of land unless the entryman, settler, or claimant + continues to comply with the law under which the entry, filing, + settlement, or location was made. +</p> +<p> + Warning is hereby expressly given to all persons not to enter or make + settlement upon the tract of land reserved by this proclamation. +</p> +<p> + In witness whereof I have hereunto set my hand and caused the seal of + the United States to be affixed. +</p> +<p> + [SEAL.] +</p> +<p> + Done at the city of Washington, this 20th day of February, A.D. 1893 and + of the independence of the United States the one hundred and + seventeenth. +</p> +<p class="r"> + BENJ. HARRISON. +</p> +<p><br> +By the President:<br> + JOHN W. FOSTER,<br> + <i>Secretary of State</i>. +</p> +<p> </p><p> </p> + +<h3> + BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. +</h3> +<h4> + A PROCLAMATION. +</h4> +<p> + Whereas it is provided by section 24 of the act of Congress approved + March 3, 1891, entitled "An act to repeal timber-culture laws, and for + other purposes"— +</p> +<p class="q"> + That the President of the United States may from time to time set + apart and reserve in any State or Territory having public land bearing + forests, in any part of the public lands wholly or in part covered with + timber or undergrowth, whether of commercial value or not, as public + reservations; and the President shall by public proclamation declare + the establishment of such reservations and the limits thereof. +</p> +<p> + And whereas the public lands in the Territory of Arizona within the + limits hereinafter described are in part covered with timber, and it + appears that the public good would be promoted by setting apart and + reserving said lands as a public reservation: +</p> +<p> + Now, therefore, I, Benjamin Harrison, President of the United States, + by virtue of the power in me vested by section 24 of the aforesaid act + of Congress, do hereby make known and proclaim that there is hereby + reserved from entry or settlement and set apart as a public reservation + all those certain tracts, pieces, or parcels of land lying and being + situate in the Territory of Arizona and within the boundaries + particularly described as follows, to wit: +</p> +<p> + Beginning at the point of intersection of the parallel of thirty-six + (36) degrees thirty (30) minutes north latitude with the meridian of one + hundred and eleven (111) degrees forty-five (45) minutes of longitude + west from Greenwich; thence westerly along said parallel of latitude + to its intersection with the meridian of one hundred and twelve (112) + degrees forty-five (45) minutes west longitude; thence southerly along + said meridian of longitude to its intersection with the parallel of + thirty-five (35) degrees forty-five (45) minutes north latitude; thence + easterly along said parallel of latitude to its intersection with the + meridian of one hundred and eleven (111) degrees forty-five (45) minutes + west longitude; thence northerly along said meridian of longitude to its + intersection with the parallel of thirty-six (36) degrees thirty (30) + minutes north latitude, the place of beginning. +</p> +<p> + Excepting from the force and effect of this proclamation all lands which + may have been prior to the date hereof embraced in any legal entry or + covered by any lawful filing duly of record in the proper United States + land office, or upon which any valid settlement has been made pursuant + to law and the statutory period within which to make entry or filing + of record has not expired, and all mining claims duly located and held + according to the laws of the United States and rules and regulations + not in conflict therewith. +</p> +<p> + <i>Provided</i>, That this exception shall not continue to apply to any + particular tract of land unless the entryman, settler, or claimant + continues to comply with the law under which the entry, filing, + settlement, or location was made. +</p> +<p> + Warning is hereby expressly given to all persons not to enter or make + settlement upon the tract of land reserved by this proclamation. +</p> +<p> + In witness whereof I have hereunto set my hand and caused the seal of + the United States to be affixed. +</p> +<p> + [SEAL.] +</p> +<p> + Done at the city of Washington, this 20th day of February, A.D. 1893, + and of the Independence of the United States the one hundred and + seventeenth. +</p> +<p class="r"> + BENJ. HARRISON. +</p> +<p><br> +By the President:<br> + JOHN W. FOSTER,<br> + <i>Secretary of State</i>. +</p> +<p> </p><p> </p> + +<h3> + BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. +</h3> +<h4> + A PROCLAMATION. +</h4> +<p> + Whereas by my proclamation of August 18, 1892,<a href="#note-36"><small>36</small></a> and in pursuance of + the authority conferred on me by an act of Congress approved July 26, + 1892, entitled "An act to enforce the reciprocal commercial relations + between the United States and Canada, and for other purposes," + I directed "that from and after September 1, 1892, until further notice + a toll of 20 cents per ton be levied, collected, and paid on all freight + of whatever kind or description passing through the St. Marys Falls + Canal in transit to any port of the Dominion of Canada, whether carried + in vessels of the United States or of other nations," and to that extent + thereby suspended "from and after said date the right of free passage + through said St. Marys Falls Canal of any and all cargoes or portions + of cargoes in transit to Canadian ports;" and +</p> +<p> + Whereas the above order was issued in consequence of the imposition + by the government of the Dominion of Canada of a discriminating toll + whereby unjust and unreasonable burdens were placed, in violation + of Article XXVII of the treaty of Washington, upon the carrying of + passengers and cargoes through the Welland Canal in transit to ports of + the United States, as is fully set forth in the said proclamation; and +</p> +<p> + Whereas by an order in council dated February 13, 1893, the + Governor-General of the Dominion of Canada has directed that— +</p> +<p class="q"> + For the season of 1893 the canal tolls for the passage of the following + food products, wheat, Indian corn, pease, barley, rye, oats, flaxseed, + and buckwheat, for passage eastward through the Welland Canal be 10 + cents per ton, and for passage westward through the St. Lawrence canals + only 10 cents per ton; payment of the said toll of 10 cents per ton for + passage through the Welland Canal to entitle these products to free + passage through the St. Lawrence canals. +</p> +<p> + And whereas I have received satisfactory assurances that this order + revokes during the season of 1893 the discriminating provisions above + referred to and secures to citizens of the United States equality with + British subjects as regards the use of said canals: +</p> +<p> + Now, therefore, I, Benjamin Harrison, President of the United States of + America, by virtue of the said act of Congress approved July 26, 1892, + do hereby declare and proclaim that from and after the date hereof and + until further notice the provisions of my said proclamation of August + 18, 1892,<a href="#note-37"><small>37</small></a> are suspended in so far as they direct that a toll of 20 + cents per ton be levied, collected, and paid on all freight of whatever + kind or description passing through the St. Marys Falls Canal in transit + to any port of the Dominion of Canada, whether carried in vessels of the + United States or of other nations. +</p> +<p> + In testimony whereof I have hereunto set my hand and caused the seal of + the United States to be affixed. +</p> +<p> + [SEAL.] +</p> +<p> + Done at the city of Washington, this 21st day of February, 1893, and of + the independence of the United States of America the one hundred and + seventeenth. +</p> +<p class="r"> + BENJ. HARRISON. +</p> +<p><br> +By the President:<br> + JOHN W. FOSTER,<br> + <i>Secretary of State</i>. +</p> +<p> </p><p> </p> + + + +<h3> + BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. +</h3> +<h4> + A PROCLAMATION. +</h4> +<p> + Whereas it is provided by section 24 of the act of Congress approved + March 3, 1891, entitled "An act to repeal timber-culture laws, and for + other purposes"— +</p> +<p class="q"> + That the President of the United States may from time to time set + apart and reserve in any State or Territory having public land bearing + forests, in any part of the public lands wholly or in part covered with + timber or undergrowth, whether of commercial value or not, as public + reservations; and the President shall by public proclamation declare + the establishment of such reservations and the limits thereof. +</p> +<p> + And whereas the public lands in the State of California within the + limits hereinafter described are in part covered with timber, and it + appears that the public good would be promoted by setting apart and + reserving said lands as a public reservation: +</p> +<p> + Now, therefore, I, Benjamin Harrison, President of the United States, + by virtue of the power in me vested by section 24 of the aforesaid act + of Congress, do hereby make known and proclaim that there is hereby + reserved from entry or settlement and set apart as a public reservation + all those certain tracts, pieces, or parcels of land lying and being + situate in the State of California and within the boundaries + particularly described as follows, to wit: +</p> +<p> + Beginning at the northeast corner of section thirteen (13), township + five (5) south, range six (6) west, of the San Bernardino base and + meridian; thence westerly along the surveyed and unsurveyed section line + to the point for the southwest corner of section ten (10), said township + and range; thence northerly along the surveyed and unsurveyed section + line to the northwest corner of section three (3), said township and + range; thence westerly along the surveyed and unsurveyed township line + to the point for the northwest corner of section three (3), township + five (5) south, range seven (7) west; thence southerly along the + surveyed and unsurveyed section line to the southeast corner of section + thirty-three (33), said township and range; thence easterly along the + surveyed and unsurveyed township line to the northeast corner of + township six (6) south, range seven (7) west; thence southerly to the + southwest corner of township five (5) south, range six (6) west; thence + easterly to the point for the quarter-section corner on the north line + of section six (6), township six (6) south, range six (6) west; thence + southerly on a central line to the center of section nineteen (19), said + township and range; thence easterly to the quarter-section corner on the + east boundary of said section nineteen (19); thence southerly on the + section line to the point of intersection with the north boundary of the + "Rancho Mission Viejo or La Paz;" thence in a southeasterly direction + along said boundary line to the point of intersection with the township + line between townships six (6) and seven (7) south; thence easterly + along said township line to the southeast corner of township six (6) + south, range six (6) west; thence northerly along the range line between + ranges five (5) and six (6) west to the northeast corner of section + thirteen (13), township five (5) south, range six (6) west, the place + of beginning. +</p> +<p> + Excepting from the force and effect of this proclamation all lands which + may have been prior to the date hereof embraced in any legal entry or + covered by any lawful filing duly of record in the proper United States + land office, or upon which any valid settlement has been made pursuant + to law and the statutory period within which to make entry or filing of + record has not expired, and all mining claims duly located and held + according to the laws of the United States and rules and regulations not + in conflict therewith. +</p> +<p> + <i>Provided</i>, That this exception shall not continue to apply to any + particular tract of land unless the entryman, settler, or claimant + continues to comply with the law under which the entry, filing, + settlement, or location was made. +</p> +<p> + Warning is hereby expressly given to all persons not to enter or make + settlement upon the tract of land reserved by this proclamation. +</p> +<p> + In witness whereof I have hereunto set my hand and caused the seal of + the United States to be affixed. +</p> +<p> + [SEAL.] +</p> +<p> + Done at the city of Washington, this 25th day of February, A.D. 1893, + and of the Independence of the United States the one hundred and + seventeenth. +</p> +<p class="r"> + BENJ. HARRISON. +</p> +<p><br> +By the President:<br> + WILLIAM F. WHARTON,<br> + <i>Acting Secretary of State</i>. +</p> +<p> </p><p> </p> + +<h3> + BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. +</h3> +<h4> + A PROCLAMATION. +</h4> +<p> + Whereas it is provided by section 24 of the act of Congress approved + March 3, 1891, entitled "An act to repeal timber-culture laws, and for + other purposes"— +</p> +<p class="q"> + That the President of the United States may from time to time set + apart and reserve in any State or Territory having public land bearing + forests, in any part of the public lands wholly or in part covered with + timber or undergrowth, whether of commercial value or not, as public + reservations; and the President shall by public proclamation declare + the establishment of such reservations and the limits thereof. +</p> +<p> + And whereas the public lands in the State of California within the + limits hereinafter described are in part covered with timber, and it + appears that the public good would be promoted by setting apart and + reserving said lands as a public reservation: +</p> +<p> + Now, therefore, I, Benjamin Harrison, President of the United States, + by virtue of the power in me vested by section 24 of the aforesaid act + of Congress, do hereby make known and proclaim that there is hereby + reserved from entry or settlement and set apart as a public reservation + all those certain tracts, pieces, or parcels of land lying and being + situate in the State of California and within the boundaries + particularly described as follows, to wit: +</p> +<p> + Beginning at the northwest corner of township three (3) north, range + five (5) west, San Bernardino meridian, California; thence southerly + along the surveyed and unsurveyed range line between ranges five (5) and + six (6) west to the northwest corner of section eighteen (18), township + one (1) north, range five (5) west; thence easterly along the section + line between sections seven (7) and eighteen (18) to the western + boundary of the "Rancho Muscupiabe;" thence easterly, following the + western and northern boundary of said rancho, to the point where said + boundary intersects the section line between sections nineteen (19) + and thirty (30), township one (1) north, range three (3) west; thence + easterly along the section lines to the northeast corner of section + twenty-five (25), said township and range; thence southerly along + the range line between ranges two (2) and three (3) west to the San + Bernardino base line; thence easterly along said base line to the + northeast corner of section four (4), township one (1) south, range two + (2) west, southerly along the unsurveyed and surveyed section lines to + the northeast corner of section (16), easterly along the section lines + to the northeast corner of section thirteen (13), and southerly to the + southeast corner of section thirteen (13), all of said township and + range; thence easterly to a point for the center of township one (1) + south, range one (1) west; thence southerly to a point for the southwest + corner of section thirty-four (34) in said township and range; thence + easterly along the surveyed and unsurveyed township line between + townships one (1) and two (2) south to the San Bernardino meridian; + thence southerly along said meridian to the northeast corner of township + three (3) south, range one (1) west; thence easterly through the Maronge + Indian Reservation to the southeast corner of township two (2) south, + range three (3) east; thence northerly along the surveyed and unsurveyed + range line to the northeast corner of said township; thence easterly to + a point for the southeast corner of township one (1) south, range four + (4) east; thence northerly along the surveyed and unsurveyed range line + between ranges four (4) and five (5) east to the northeast corner of + section twenty-four (24), township three (3) north, range four (4) east; + thence westerly along the surveyed and unsurveyed section lines to the + southwest corner of section eighteen (18), township three (3) north, + range (3) east; thence northerly along the range line between ranges two + (2) and three (3) east to the northeast corner of township three (3) + north, range two (2) east; thence westerly along the township line + between townships three (3) and four (4) north to the northwest corner + of township three (3) north, range (5) west, the place of beginning. +</p> +<p> + Excepting from the force and effect of this proclamation all lands which + may have been prior to the date hereof embraced in any legal entry or + covered by any lawful filing duly of record in the proper United States + land office, or upon which any valid settlement has been made pursuant + to law and the statutory period within which to make entry or filing + of record has not expired, and all mining claims duly located and held + according to the laws of the United States and rules and regulations + not in conflict therewith. +</p> +<p> + <i>Provided</i>, That this exception shall not continue to apply to any + particular tract of land unless the entryman, settler, or claimant + continues to comply with the law under which the entry, filing, + settlement, or location was made. +</p> +<p> + Warning is hereby expressly given to all persons not to enter or make + settlement upon the tract of land reserved by this proclamation. +</p> +<p> + In witness whereof I have hereunto set my hand and caused the seal of + the United States to be affixed. +</p> +<p> + [SEAL.] +</p> +<p> + Done at the city of Washington, this 25th day of February, A.D. 1893, + and of the impendence Of the United States the one hundred and + seventeenth. +</p> +<p class="r"> + BENJ. HARRISON. +</p> +<p><br> +By the President:<br> + WILLIAM F. WHARTON,<br> + <i>Acting Secretary of State</i>. +</p> +<p> </p><p> </p> + +<h3> + BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. +</h3> +<h4> + A PROCLAMATION. +</h4> +<p> + Whereas public interests require that the Senate should be convened at + 12 o'clock on the 4th day of March next to receive such communications + as may be made by the Executive: +</p> +<p> + Now, therefore, I, Benjamin Harrison, President of the United States, do + hereby proclaim and declare that an extraordinary occasion requires the + Senate of the United States to convene at the Capitol, in the city of + Washington, on the 4th day of March next, at 12 o'clock noon, of which + all persons who shall at that time be entitled to act as members of that + body are hereby required to take notice. +</p> +<p> + Given under my hand and the seal of the United States, at Washington, + this 25th day of February, A.D. 1893, and of the Independence of the + United States of America the one hundred and seventeenth. +</p> +<p class="r"> + BENJ. HARRISON. +</p> +<p><br> +By the President:<br> + WILLIAM F. WHARTON,<br> + <i>Acting Secretary of State</i>. +</p> + +<div style="height: 4em;"><br><br><br><br></div> + +<h2> + EXECUTIVE ORDERS. +</h2> + +<center> + AMENDMENT OF CIVIL-SERVICE RULES. +</center> +<p class="r"> + JANUARY 5, 1893. +</p> +<p> + Section 2 of Postal Rule 1 is hereby amended so as to read as follows: +</p> +<p class="q"> + The classification of the postal service made by the Postmaster-General + under section 6 of the act of January 16, 1883, is hereby extended to + all free-delivery post-offices; and hereafter whenever any post-office + becomes a free-delivery office the said classification or any then + existing classification made by the Postmaster-General under said + section and act shall apply thereto; and the Civil Service Commission + shall provide examinations to test the fitness of persons to fill + vacancies in all free-delivery post-offices, and these rules shall be + in force therein; but this shall not include any post-office made an + experimental free-delivery office under the authority contained in the + appropriation act of March 3, 1891. Every revision of the classification + of any post-office under section 6 of the act of January 16, 1883, and + every inclusion of a post-office within the classified postal service + shall be reported to the President. +</p> +<p class="r"> + BENJ. HARRISON. +</p> +<p> </p><p> </p> + + +<center> + GENERAL ORDERS, No. 4. +</center> +<p class="r"> +HEADQUARTERS OF THE ARMY,<br> + ADJUTANT-GENERAL'S OFFICE,<br> + <i>Washington, January 19, 1893</i>. +</p> +<p> + I. The following proclamation [order] has been received from the + President: +</p> +<p class="q" style="text-align: right;"> + EXECUTIVE MANSION,<br> <i>Washington, D.C., January 18, 1893</i>. +</p> +<p class="q"> + <i>To the People of the United States</i>: +</p> +<p class="q"> + The death of Rutherford B. Hayes, who was President of the United + States from March 4, 1877, to March 4, 1881, at his home in Fremont, + Ohio, at 11 p.m. yesterday, is an event the announcement of which will + be received with very general and very sincere sorrow. His public + service extended over many years and over a wide range of official + duty. He was a patriotic citizen, a lover of the flag and of our free + institutions, an industrious and conscientious civil officer, a soldier + of dauntless courage, a loyal comrade and friend, a sympathetic and + helpful neighbor, and the honored head of a happy Christian home. + He has steadily grown in the public esteem, and the impartial historian + will not fail to recognize the conscientiousness, the manliness, and + the courage that so strongly characterized his whole public career. +</p> +<p class="q"> + As an expression of the public sorrow it is ordered that the Executive + Mansion and the several Executive Departments at Washington be draped + in mourning and the flags thereon placed at half-staff for a period of + thirty days, and that on the day of the funeral all public business + in the Departments be suspended, and that suitable military and naval + honors, under the orders of the Secretaries of War and of the Navy, + be rendered on that day. +</p> +<p class="q"> + [SEAL.] +</p> +<p class="q"> + Done at the city of Washington, this 18th day of January, A.D. 1893, and + of the Independence of the United States of America the one hundred and + seventeenth. +</p> +<p class="q" style="text-align: right;"> + BENJ. HARRISON. +</p> +<p class="q"><br> + By the President:<br> + JOHN W. FOSTER,<br> + <i>Secretary of State</i>. +</p> +<p> </p> +<p> + II. In compliance with the instructions of the President, on the day + of the funeral, at each military post, the troops and cadets will be + paraded and this order read to them, after which all labors of the + day will cease. +</p> +<p> + The national flag will be displayed at half-staff. +</p> +<p> + At dawn of day thirteen guns will be fired, and afterwards at intervals + of thirty minutes between the rising and setting of the sun a single + gun, and at the close of the day a national salute of forty-four guns. +</p> +<p> + The officers of the Army will wear crape on the left arm and on their + swords and the colors of the Battalion of Engineers, of the several + regiments, and of the United States Corps of Cadets will be put in + mourning for a period of six months. +</p> +<p> + The date of the funeral will be communicated to department commanders by + telegraph, and by them to their subordinate commanders. +</p> +<p> + By command of Major-General Schofield: +</p> +<p class="r"> + R. WILLIAMS, <i>Adjutant-General</i>. +</p> +<p> </p><p> </p> + +<center> + GENERAL ORDER No. 406. +</center> +<p class="r"> + NAVY DEPARTMENT,<br> <i>Washington, D.C., January 19, 1893</i>. +</p> +<p> + The President of the United States announces the death of ex-President + Rutherford B. Hayes in the following proclamation [order]: +</p> +<center> + [For order see preceding page.] +</center> +<p> + It is hereby directed, in pursuance of the instructions of the + President, that on the day of the funeral, where this order may be + received in time, otherwise on the day after its receipt, the ensign at + each naval station and of each of the vessels of the United States Navy + in commission be hoisted at half-mast from sunrise to sunset, and at + each naval station and on board of flagships and vessels acting singly + a gun be fired at intervals of every half hour from sunrise to sunset. +</p> +<p> + The officers of the Navy and Marine Corps will wear the usual badge of + mourning attached to the sword hilt and on the left arm for a period of + thirty days. +</p> +<p class="r"> + JAMES R. SOLEY,<br> <i>Acting Secretary of the Navy</i>. +</p> +<p> </p><p> </p> + +<p class="r"> + EXECUTIVE MANSION, <i>Washington, January 27, 1893</i>. +</p> +<p> + <i>To the People of the United States</i>: +</p> +<p> + It is my painful duty to announce to the people of the United States the + death of James Gillespie Blaine, which occurred in this city to-day at + 11 o'clock. +</p> +<p> + For a full generation this eminent citizen has occupied a conspicuous + and influential position in the nation. His first public service was in + the legislature of his State. Afterwards for fourteen years he was a + member of the national House of Representatives, and was three times + chosen its Speaker. In 1876 he was elected to the Senate. He resigned + his seat in that body in 1881 to accept the position of Secretary of + State in the Cabinet of President Garfield. After the tragic death + of his chief he resigned from the Cabinet, and, devoting himself to + literary work, gave to the public in his Twenty Years of Congress a + most valuable and enduring contribution to our political literature. + In March, 1889, he again became Secretary of State, and continued to + exercise this office until June, 1892. His devotion to the public + interests, his marked ability, and his exalted patriotism have won for + him the gratitude and affection of his countrymen and the admiration + of the world. In the varied pursuits of legislation, diplomacy, and + literature his genius has added new luster to American citizenship. +</p> +<p> + As a suitable expression of the national appreciation of his great + public services and of the general sorrow caused by his death, I direct + that on the day of his funeral all the Departments of the executive + branch of the Government at Washington be closed, and that on all public + buildings throughout the United States the national flag shall be + displayed at half-staff, and that for a period of thirty days the + Department of State be draped in mourning. +</p> +<p> + [SEAL.] +</p> +<p> + Done at the city of Washington, this 27th day of January, A.D. 1893, and + of the Independence of the United States of America the one hundred and + seventeenth. +</p> +<p class="r"> + BENJ. HARRISON. +</p> +<p><br> +By the President:<br> + JOHN W. FOSTER,<br> + <i>Secretary of State</i>. +</p> + +<div style="height: 4em;"><br><br><br><br></div> + +<hr class="full"> + +<h2> + Footnotes +</h2> + +<a name="note-1"><!--Note--></a> +<p class="foot"> +<u>1</u> Tried and executed by the authorities of British North + America for complicity in the rebellion in the Northwest Territory. +</p> +<a name="note-2"><!--Note--></a> +<p class="foot"> +<u>2</u> See pp. 14-15. +</p> +<a name="note-3"><!--Note--></a> +<p class="foot"> +<u>3</u> See pp. 15-18. +</p> +<a name="note-4"><!--Note--></a> +<p class="foot"> +<u>4</u> See pp. 20-24. +</p> +<a name="note-5"><!--Note--></a> +<p class="foot"> +<u>5</u> See pp. 24-25. +</p> +<a name="note-6"><!--Note--></a> +<p class="foot"> +<u>6</u> See pp. 25-26. +</p> +<a name="note-7"><!--Note--></a> +<p class="foot"> +<u>7</u> See Vol. VIII, pp. 847-851. +</p> +<a name="note-8"><!--Note--></a> +<p class="foot"> +<u>8</u> See p. 27. +</p> +<a name="note-9"><!--Note--></a> +<p class="foot"> +<u>9</u> See pp. 56-57. +</p> +<a name="note-10"><!--Note--></a> +<p class="foot"> +<u>10</u> Addressed to the heads of the Executive Departments, etc. +</p> +<a name="note-11"><!--Note--></a> +<p class="foot"> +<u>11</u> See pp. 93-94. +</p> +<a name="note-12"><!--Note--></a> +<p class="foot"> +<u>12</u> See p. 49. +</p> +<a name="note-13"><!--Note--></a> +<p class="foot"> +<u>13</u> See pp. 56-58. +</p> +<a name="note-14"><!--Note--></a> +<p class="foot"> +<u>14</u> See pp. 70-71. +</p> +<a name="note-15"><!--Note--></a> +<p class="foot"> +<u>15</u> See p. 56. +</p> +<a name="note-16"><!--Note--></a> +<p class="foot"> +<u>16</u> See p. 80. +</p> +<a name="note-17"><!--Note--></a> +<p class="foot"> +<u>17</u> See pp. 142-143. +</p> +<a name="note-18"><!--Note--></a> +<p class="foot"> +<u>18</u> Addressed to the heads of the Executive Departments, etc. +</p> +<a name="note-19"><!--Note--></a> +<p class="foot"> +<u>19</u> In addition to the stoppages "sufficient for repairing the + loss or damage," which the law requires the court-martial to adjudge. + The court's action under this requirement in the case of sale or loss + through neglect of clothing shall be limited to a confirmation of the + charge made against the offender on his clothing account. +</p> +<a name="note-20"><!--Note--></a> +<p class="foot"> +<u>20</u> In specifications to charges of larceny or embezzlement + the value of the property shall be stated. +</p> +<a name="note-21"><!--Note--></a> +<p class="foot"> +<u>21</u> Addressed to the heads of the Executive Departments. +</p> +<a name="note-22"><!--Note--></a> +<p class="foot"> +<u>22</u> See pp. 59-60. +</p> +<a name="note-23"><!--Note--></a> +<p class="foot"> +<u>23</u> See p. 127. +</p> +<a name="note-24"><!--Note--></a> +<p class="foot"> +<u>24</u> Correspondence with Spain, Brazil, Salvador, and the + Dominican Republic relative to reciprocal trade relations; copies of + commercial arrangements entered into with those countries; list of + import and export duties imposed by Brazil, Salvador, and the Dominican + Republic, and by Spain with respect to Cuba and Puerto Rico. +</p> +<a name="note-25"><!--Note--></a> +<p class="foot"> +<u>25</u> See pp. 229-234. +</p> +<a name="note-26"><!--Note--></a> +<p class="foot"> +<u>26</u> See p. 238. +</p> +<a name="note-27"><!--Note--></a> +<p class="foot"> +<u>27</u> The importation of books is subject to the provisions of + copyright laws. +</p> +<a name="note-28"><!--Note--></a> +<p class="foot"> +<u>28</u> The importation of books is subject to the provisions of + copyright laws. +</p> +<a name="note-29"><!--Note--></a> +<p class="foot"> +<u>29</u> Gross. +</p> +<a name="note-30"><!--Note--></a> +<p class="foot"> +<u>30</u> See pp. 260-262. +</p> +<a name="note-31"><!--Note--></a> +<p class="foot"> +<u>31</u> See pp. 141-142, 152-155, 148-152, 281-283, 249-251, + 258-260, 253-258, 263-265, 279-281, 283-284. +</p> +<a name="note-32"><!--Note--></a> +<p class="foot"> +<u>32</u> See pp. 240-242. +</p> +<a name="note-33"><!--Note--></a> +<p class="foot"> +<u>33</u> See pp. 290-292. +</p> +<a name="note-34"><!--Note--></a> +<p class="foot"> +<u>34</u> See p. 301. +</p> +<a name="note-35"><!--Note--></a> +<p class="foot"> +<u>35</u> See pp. 229-234. +</p> +<a name="note-36"><!--Note--></a> +<p class="foot"> +<u>36</u> See pp. 290-292. +</p> +<a name="note-37"><!--Note--></a> +<p class="foot"> +<u>37</u> See pp. 290-292. +</p> + + +<div style="height: 6em;"><br><br><br><br><br><br></div> + + + + + + + + +<pre> + + + + + +End of the Project Gutenberg EBook of A Compilation of the Messages and +Papers of the Presidents, Volume IX., by Benjamin Harrison + +*** END OF THIS PROJECT GUTENBERG EBOOK HARRISON *** + +***** This file should be named 13617-h.htm or 13617-h.zip ***** +This and all associated files of various formats will be found in: + https://www.gutenberg.org/1/3/6/1/13617/ + +Produced by Juliet Sutherland, David Garcia and The PG Online +Distributed Proofreading Team + + +Updated editions will replace the previous one--the old editions +will be renamed. + +Creating the works from public domain print editions means that no +one owns a United States copyright in these works, so the Foundation +(and you!) can copy and distribute it in the United States without +permission and without paying copyright royalties. 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You may copy it, give it away or +re-use it under the terms of the Project Gutenberg License included +with this eBook or online at www.gutenberg.org + + +Title: A Compilation of the Messages and Papers of the Presidents, Volume IX. + +Author: Benjamin Harrison + +Release Date: October 5, 2004 [EBook #13617] + +Language: English + +Character set encoding: ASCII + +*** START OF THIS PROJECT GUTENBERG EBOOK HARRISON *** + + + + +Produced by Juliet Sutherland, David Garcia and The PG Online +Distributed Proofreading Team + + + + + + + + + + + +A COMPILATION OF THE MESSAGES AND PAPERS OF THE PRESIDENTS + +BY JAMES D. RICHARDSON + +A REPRESENTATIVE FROM THE STATE OF TENNESSEE + +VOLUME IX + +PUBLISHED BY AUTHORITY OF CONGRESS 1902 + + + + +Prefatory Note + +This volume comprises the papers of Benjamin Harrison and of Grover +Cleveland (second term). The events of these two Administrations of +eight years, though highly interesting, coming as they do down to March +4, 1897, are so recent and fresh in the public mind that I need not +comment on them. + +This volume is the last of the series, except the Appendix and Index +volume. The work of compiling was begun by me in April, 1895, just after +the expiration of the Fifty-third Congress. I then anticipated that +I could complete the work easily within a year. Though I have given my +entire time to the undertaking when not engaged in my official duties as +a Representative, instead of completing it within the time mentioned it +has occupied me for nearly four years. The labor has been far greater +than the Joint Committee on Printing or I supposed it would be. I had +no idea of the difficulties to overcome in obtaining the Presidential +papers, especially the proclamations and Executive orders. In the +Prefatory Note to Volume I, I said: "I have sought to bring together +in the several volumes of the series all Presidential proclamations, +addresses, messages, and communications to Congress excepting those +nominating persons to office and those which simply transmit treaties, +and reports of heads of Departments which contain no recommendation +from the Executive." But after the appearance of Volume I, and while +preparing the contents of Volume II, I became convinced that I had made +a mistake and that the work to be exhaustive should comprise every +message of the Presidents transmitting reports of heads of Departments +and other communications, no matter how brief or unintelligible the +papers were in themselves, and that to make them intelligible I should +insert editorial footnotes explaining them. Having acted upon the other +idea in making up Volume I and a portion of Volume II, quite a number of +such brief papers were intentionally omitted. Being convinced that all +the papers of the Executives should be inserted, the plan was modified +accordingly, and the endeavor was thereafter made to publish all of +them. + +In order, however, that the compilation may be "accurate and +exhaustive," I have gone back and collected all the papers--those which +should have appeared in Volumes I and II, as well as such as were +unintentionally omitted from the succeeding volumes--excepting those +simply making nominations, and shall publish them in an appendix in the +last volume. While this may occasion some little annoyance to the reader +who seeks such papers in chronological order, yet, inasmuch as they all +appear at their proper places in the alphabetical Index, it is not +believed that any serious inconvenience will result. + +The editor and compiler has resorted to every possible avenue and has +spared no effort to procure all public Presidential papers from the +beginning of the Government to March 4, 1897. He has looked out for +every reference to the work in the public prints, has endeavored to read +all the criticisms made because of omissions, and has availed himself of +all the papers to which his attention has been called by anyone; has +diligently and earnestly sought for same himself, and has, as stated +above, inserted all omitted papers in the Appendix, so that he feels +warranted in saying that if he has given to the country all he could +find and all any critic or reviewer has been able to find he has done +his whole duty and reasonable complaint can not be made if any paper is +still omitted. In view of the inaccessibility of many of the messages by +reason of their not having been entered on the journals of either House +of Congress, and of the fact that the Government itself does not possess +many of the proclamations and Executive orders, it may be that there +yet can be found a few papers omitted from this work; but with much +confidence, amounting to a positive conviction, I feel that assurance +may be safely given that only a few, if any at all, have been +overlooked. + +Congress in June, 1897, by law requested me to prepare an index to the +entire compilation. I am now and have been for over two years engaged in +this work. I hope to be able to give the last volume, which will include +the Appendix and Index, as above stated, to Congress and the public in +about two months. It would have been completed at this time but for the +fact that in addition to making the Index simply an index to the various +messages and other papers I have added to it the encyclopedic feature. +There will therefore be found in the Index, in alphabetical order, a +large number of encyclopedic definitions of words and phrases used by +the Chief Executives, and of other politico-historical subjects. It +is believed that this feature will not detract in any manner from the +Index, but, on the other hand, will add largely to its value and to +the value of the entire compilation. + +JAMES D. RICHARDSON. + +NOVEMBER 24, 1898. + + + + +Benjamin Harrison + +March 4, 1889, to March 4, 1893 + + + + +Benjamin Harrison + +Benjamin Harrison, twenty-third President of the United States, was born +at North Bend, Ohio, August 20, 1833. His father, John Scott Harrison, +was the third son of General William Henry Harrison, ninth President +of the United States, who was the third and youngest son of Benjamin +Harrison, one of the signers of the Declaration of Independence. John +Scott Harrison was twice married, his second wife being Elizabeth, +daughter of Archibald Irwin, of Mercersburg, Pa. Benjamin was the second +son of this marriage. His parents were resolutely determined upon the +education of their children, and early in childhood Benjamin was placed +under private instruction at home. In 1847 he and his elder brother were +sent to a school on what was known as College Hill, a few miles from +Cincinnati. After remaining there two years entered the junior class at +Miami University, at Oxford, Ohio, where he was graduated in 1852. Was +married October 20, 1853, to Caroline Scott, daughter of Dr. John W. +Scott, who was then president of Oxford Female Seminary, from which Mrs. +Harrison was graduated in 1852. After studying law under Storer & Gwynne +in Cincinnati, Mr. Harrison was admitted to the bar in 1854, and began +the practice of his profession at Indianapolis, Ind., which has since +been his home. Was appointed crier of the Federal court, at a salary of +$2.50 per day. This was the first money he had ever earned. Jonathan +W. Gordon, one of the leaders of the Indianapolis bar, called young +Harrison to his assistance in the prosecution of a criminal tried for +burglary, and intrusted to him the plea for the State. He had taken +ample notes of the evidence, but the case was closed at night, and the +court-house being dimly lighted by tallow candles, he was unable to read +them when he arose to address the court and jury, paying them aside, +he depended entirely upon his memory and found it perfect. He made an +eloquent plea, produced a marked impression, and won the case. Since +then he has always been an impromptu speaker. Formed a partnership later +with William Wallace, but in 1860 the latter became clerk of Marion +County, and the firm was changed to Harrison & Fishback, which was +terminated by the entry of the senior partner into the Army in 1862. +Was chosen reporter of the supreme court of Indiana in 1860 on the +Republican ticket. This was his first active appearance in the political +field. When the Civil War began assisted in raising the Seventieth +Indiana Regiment of Volunteers, taking a second lieutenant's commission +and raising Company A of that regiment. Governor Morton tendered him +the command of the regiment and he was commissioned its colonel. Mr. +Harrison appointed a deputy reporter for the supreme court. In the +ensuing autumn the Democratic State committee, considering his position +as a civil officer vacated by this military appointment, nominated and +elected a successor, although his term of office had not expired. Their +view was sustained by the State supreme court; but in 1864, while +Colonel Harrison was in the Army, the people of Indiana gave their +judgment by reelecting him to the position of supreme-court reporter +by an overwhelming majority. In 1862 the Seventieth Indiana went into +the field with Harrison as its colonel, their objective point being +Bowling Green, Ky. It was brigaded with the Seventy-ninth Ohio and the +One hundred and second, One hundred and fifth, and One hundred and +twenty-ninth Illinois regiments, under Brigadier-General Ward, of +Kentucky, and this organization was kept unchanged until the close of +the war. Colonel Harrison had the right of the brigade, and his command +was occupied at first in guarding railroads and hunting guerrillas, his +energies being largely spent in drilling his men. When General Rosecrans +set out for Chattanooga General Ward was sent on duty to Nashville, and +on January 2, 1864, his command was called to the front. Later this +brigade became the First Brigade of the Third Division of the Twentieth +Army Corps, under General Hooker, General Ward resuming its command. +The campaign under General Sherman, upon which his regiment with its +associate forces entered, was directed, as is now known, against the +Confederate army of General Joseph E. Johnston, and not against any +particular place. In the Federal advance one of the severest actions was +fought at Resaca, Ga., May 14 and 15, 1864, and the Seventieth Indiana +led the assault. His regiment participated in the fights at New Hope +Church and at Golgotha Church, Kenesaw Mountain, and Peach Tree Creek. +When Atlanta was taken by Sherman, September 2, 1864, Colonel Harrison +received his first furlough to visit home, being assigned to special +duty in a canvass of the State to recruit for the forces in the field. +Returning to Chattanooga and then to Nashville, he was placed in command +of a provisional brigade held in reserve at the battle at the latter +place (December 15 and 16, 1864), and was but little engaged. When the +fight was over he was sent in pursuit of the Confederate general Hood. +Recalled from that pursuit, was next ordered to report to General +Sherman at Savannah. While passing through New York he succumbed to an +attack of scarlet fever, but in a few weeks was able to proceed on his +way. Joining Sherman at Goldsboro, N.C., resumed command of his old +brigade, and at the close of the war went with it to Washington to take +part in the grand review of the armies. Was duly mustered out of the +service June 8, 1865, not, however, until he had received a commission +as brevet brigadier-general, dated January 23, 1865. Returning to +Indianapolis after the war, resumed his office of reporter of the +supreme court, but in 1867 declined a renomination, preferring to devote +himself exclusively to the practice of law. Became a member of the +firm of Porter, Harrison & Fishback, and, after subsequent changes, +of that of Harrison, Miller & Elam. Took part in 1868 and 1872 in the +Presidential campaigns in support of General Grant, traveling over +Indiana and speaking to large audiences. In 1876 at first declined a +nomination for governor on the Republican ticket, consenting to run only +after the regular nominee had withdrawn. In this contest he received +almost 2,000 more votes than his associates, but was defeated. Was a +member of the Mississippi River Commission in 1879. In 1880, as chairman +of the Indiana delegation in the Republican national convention, he cast +nearly the entire vote of the State for James A. Garfield for President. +President Garfield offered him a place in his Cabinet, but he declined +it, preferring the United States Senatorship from Indiana, to which +he had just been chosen, and which he held from 1881 to 1887. In the +Senate he advocated the tariff views of his party, opposed President +Cleveland's vetoes of pension bills, urged the reconstruction and +upbuilding of the Navy, and labored and voted for civil-service reform. +Was a delegate at large to the Republican national convention in 1884, +and in 1888 at Chicago was nominated for the Presidency on the eighth +ballot. The nomination was made unanimous, and in November he was +elected, receiving 233 electoral votes to 168 for Grover Cleveland. +Was inaugurated March 4, 1889. Was again nominated for the Presidency +at the national Republican convention which met at Minneapolis in 1892, +but was defeated at the November election, receiving 145 electoral +votes, against 276 votes for Grover Cleveland. Upon his retiring from +office located at Indianapolis, Ind., where he now resides. + + * * * * * + + + + +INAUGURAL ADDRESS. + +FELLOW CITIZENS: There is no constitutional or legal requirement that +the President shall take the oath of office in the presence of the +people, but there is so manifest an appropriateness in the public +induction to office of the chief executive officer of the nation that +from the beginning of the Government the people, to whose service the +official oath consecrates the officer, have been called to witness the +solemn ceremonial. The oath taken in the presence of the people becomes +a mutual covenant. The officer covenants to serve the whole body of the +people by a faithful execution of the laws, so that they may be the +unfailing defense and security of those who respect and observe them, +and that neither wealth, station, nor the power of combinations shall be +able to evade their just penalties or to wrest them from a beneficent +public purpose to serve the ends of cruelty or selfishness. + +My promise is spoken; yours unspoken, but not the less real and solemn. +The people of every State have here their representatives. Surely I do +not misinterpret the spirit of the occasion when I assume that the +whole body of the people covenant with me and with each other to-day +to support and defend the Constitution and the Union of the States, to +yield willing obedience to all the laws and each to every other citizen +his equal civil and political rights. Entering thus solemnly into +covenant with each other, we may reverently invoke and confidently +expect the favor and help of Almighty God--that He will give to me +wisdom, strength, and fidelity, and to our people a spirit of fraternity +and a love of righteousness and peace. + +This occasion derives peculiar interest from the fact that the +Presidential term which begins this day is the twenty-sixth under our +Constitution. The first inauguration of President Washington took place +in New York, where Congress was then sitting, on the 30th day of +April, 1789, having been deferred by reason of delays attending the +organization of the Congress and the canvass of the electoral vote. Our +people have already worthily observed the centennials of the Declaration +of Independence, of the battle of Yorktown, and of the adoption of the +Constitution, and will shortly celebrate in New York the institution of +the second great department of our constitutional scheme of government. +When the centennial of the institution of the judicial department, +by the organization of the Supreme Court, shall have been suitably +observed, as I trust it will be, our nation will have fully entered +its second century. + +I will not attempt to note the marvelous and in great part happy +contrasts between our country as it steps over the threshold into its +second century of organized existence under the Constitution and that +weak but wisely ordered young nation that looked undauntedly down the +first century, when all its years stretched out before it. + +Our people will not fail at this time to recall the incidents which +accompanied the institution of government under the Constitution, or to +find inspiration and guidance in the teachings and example of Washington +and his great associates, and hope and courage in the contrast which +thirty-eight populous and prosperous States offer to the thirteen +States, weak in everything except courage and the love of liberty, that +then fringed our Atlantic seaboard. + +The Territory of Dakota has now a population greater than any of the +original States (except Virginia) and greater than the aggregate of +five of the smaller States in 1790. The center of population when our +national capital was located was east of Baltimore, and it was argued +by many well-informed persons that it would move eastward rather than +westward; yet in 1880 it was found to be near Cincinnati, and the new +census about to be taken will show another stride to the westward. That +which was the body has come to be only the rich fringe of the nation's +robe. But our growth has not been limited to territory, population, and +aggregate wealth, marvelous as it has been in each of those directions. +The masses of our people are better fed, clothed, and housed than their +fathers were. The facilities for popular education have been vastly +enlarged and more generally diffused. + +The virtues of courage and patriotism have given recent proof of their +continued presence and increasing power in the hearts and over the +lives of our people. The influences of religion have been multiplied +and strengthened. The sweet offices of charity have greatly increased. +The virtue of temperance is held in higher estimation. We have not +attained an ideal condition. Not all of our people are happy and +prosperous; not all of them are virtuous and law-abiding. But on the +whole the opportunities offered to the individual to secure the comforts +of life are better than are found elsewhere and largely better than they +were here one hundred years ago. + +The surrender of a large measure of sovereignty to the General +Government, effected by the adoption of the Constitution, was not +accomplished until the suggestions of reason were strongly reenforced +by the more imperative voice of experience. The divergent interests +of peace speedily demanded a "more perfect union," The merchant, +the shipmaster, and the manufacturer discovered and disclosed to our +statesmen and to the people that commercial emancipation must be added +to the political freedom which had been so bravely won. The commercial +policy of the mother country had not relaxed any of its hard and +oppressive features. To hold in check the development of our commercial +marine, to prevent or retard the establishment and growth of +manufactures in the States, and so to secure the American market for +their shops and the carrying trade for their ships, was the policy of +European statesmen, and was pursued with the most selfish vigor. + +Petitions poured in upon Congress urging the imposition of +discriminating duties that should encourage the production of needed +things at home. The patriotism of the people, which no longer found a +field of exercise in war, was energetically directed to the duty of +equipping the young Republic for the defense of its independence by +making its people self-dependent. Societies for the promotion of home +manufactures and for encouraging the use of domestics in the dress of +the people were organized in many of the States. The revival at the end +of the century of the same patriotic interest in the preservation and +development of domestic industries and the defense of our working +people against injurious foreign competition is an incident worthy of +attention. It is not a departure but a return that we have witnessed. +The protective policy had then its opponents. The argument was made, +as now, that its benefits inured to particular classes or sections. + +If the question became in any sense or at any time sectional, it was +only because slavery existed in some of the States. But for this there +was no reason why the cotton-producing States should not have led or +walked abreast with the New England States in the production of cotton +fabrics. There was this reason only why the States that divide with +Pennsylvania the mineral treasures of the great southeastern and +central mountain ranges should have been so tardy in bringing to the +smelting furnace and to the mill the coal and iron from their near +opposing hillsides. Mill fires were lighted at the funeral pile of +slavery. The emancipation proclamation was heard in the depths of the +earth as well as in the sky; men were made free, and material things +became our better servants. + +The sectional element has happily been eliminated from the tariff +discussion. We have no longer States that are necessarily only planting +States. None are excluded from achieving that diversification of +pursuits among the people which brings wealth and contentment. The +cotton plantation will not be less valuable when the product is spun in +the country town by operatives whose necessities call for diversified +crops and create a home demand for garden and agricultural products. +Every new mine, furnace, and factory is an extension of the productive +capacity of the State more real and valuable than added territory. + +Shall the prejudices and paralysis of slavery continue to hang upon the +skirts of progress? How long will those who rejoice that slavery no +longer exists cherish or tolerate the incapacities it put upon their +communities? I look hopefully to the continuance of our protective +system and to the consequent development of manufacturing and mining +enterprises in the States hitherto wholly given to agriculture as a +potent influence in the perfect unification of our people. The men who +have invested their capital in these enterprises, the farmers who have +felt the benefit of their neighborhood, and the men who work in shop or +field will not fail to find and to defend a community of interest. + +Is it not quite possible that the farmers and the promoters of the +great mining and manufacturing enterprises which have recently been +established in the South may yet find that the free ballot of the +workingman, without distinction of race, is needed for their defense as +well as for his own? I do not doubt that if those men in the South who +now accept the tariff views of Clay and the constitutional expositions +of Webster would courageously avow and defend their real convictions +they would not find it difficult, by friendly instruction and +cooperation, to make the black man their efficient and safe ally, not +only in establishing correct principles in our national administration, +but in preserving for their local communities the benefits of social +order and economical and honest government. At least until the good +offices of kindness and education have been fairly tried the contrary +conclusion can not be plausibly urged. + +I have altogether rejected the suggestion of a special Executive policy +for any section of our country. It is the duty of the Executive to +administer and enforce in the methods and by the instrumentalities +pointed out and provided by the Constitution all the laws enacted by +Congress. These laws are general and their administration should be +uniform and equal. As a citizen may not elect what laws he will obey, +neither may the Executive elect which he will enforce. The duty to +obey and to execute embraces the Constitution in its entirety and the +whole code of laws enacted under it. The evil example of permitting +individuals, corporations, or communities to nullify the laws because +they cross some selfish or local interest or prejudices is full of +danger, not only to the nation at large, but much more to those who use +this pernicious expedient to escape their just obligations or to obtain +an unjust advantage over others. They will presently themselves be +compelled to appeal to the law for protection, and those who would use +the law as a defense must not deny that use of it to others. + +If our great corporations would more scrupulously observe their legal +limitations and duties, they would have less cause to complain of the +unlawful limitations of their rights or of violent interference with +their operations. The community that by concert, open or secret, among +its citizens denies to a portion of its members their plain rights +under the law has severed the only safe bond of social order and +prosperity. The evil works from a bad center both ways. It demoralizes +those who practice it and destroys the faith of those who suffer by +it in the efficiency of the law as a safe protector. The man in whose +breast that faith has been darkened is naturally the subject of +dangerous and uncanny suggestions. Those who use unlawful methods, if +moved by no higher motive than the selfishness that prompted them, may +well stop and inquire what is to be the end of this. + +An unlawful expedient can not become a permanent condition of +government. If the educated and influential classes in a community +either practice or connive at the systematic violation of laws that +seem to them to cross their convenience, what can they expect when the +lesson that convenience or a supposed class interest is a sufficient +cause for lawlessness has been well learned by the ignorant classes? +A community where law is the rule of conduct and where courts, not +mobs, execute its penalties is the only attractive field for business +investments and honest labor. + +Our naturalization laws should be so amended as to make the inquiry +into the character and good disposition of persons applying for +citizenship more careful and searching. Our existing laws have been in +their administration an unimpressive and often an unintelligible form. +We accept the man as a citizen without any knowledge of his fitness, +and he assumes the duties of citizenship without any knowledge as to +what they are. The privileges of American citizenship are so great and +its duties so grave that we may well insist upon a good knowledge of +every person applying for citizenship and a good knowledge by him of +our institutions. We should not cease to be hospitable to immigration, +but we should cease to be careless as to the character of it. There are +men of all races, even the best, whose coming is necessarily a burden +upon our public revenues or a threat to social order. These should be +identified and excluded. + +We have happily maintained a policy of avoiding all interference with +European affairs. We have been only interested spectators of their +contentions in diplomacy and in war, ready to use our friendly offices +to promote peace, but never obtruding our advice and never attempting +unfairly to coin the distresses of other powers into commercial +advantage to ourselves. We have a just right to expect that our +European policy will be the American policy of European courts. + +It is so manifestly incompatible with those precautions for our peace +and safety which all the great powers habitually observe and enforce in +matters affecting them that a shorter waterway between our eastern and +western seaboards should be dominated by any European Government that +we may confidently expect that such a purpose will not be entertained +by any friendly power. + +We shall in the future, as in the past, use every endeavor to maintain +and enlarge our friendly relations with all the great powers, but they +will not expect us to look kindly upon any project that would leave +us subject to the dangers of a hostile observation or environment. We +have not sought to dominate or to absorb any of our weaker neighbors, +but rather to aid and encourage them to establish free and stable +governments resting upon the consent of their own people. We have a +clear right to expect, therefore, that no European Government will +seek to establish colonial dependencies upon the territory of these +independent American States. That which a sense of justice restrains +us from seeking they may be reasonably expected willingly to forego. + +It must not be assumed, however, that our interests are so exclusively +American that our entire inattention to any events that may transpire +elsewhere can be taken for granted. Our citizens domiciled for purposes +of trade in all countries and in many of the islands of the sea demand +and will have our adequate care in their personal and commercial +rights. The necessities of our Navy require convenient coaling stations +and dock and harbor privileges. These and other trading privileges +we will feel free to obtain only by means that do not in any degree +partake of coercion, however feeble the government from which we ask +such concessions. But having fairly obtained them by methods and for +purposes entirely consistent with the most friendly disposition toward +all other powers, our consent will be necessary to any modification or +impairment of the concession. + +We shall neither fail to respect the flag of any friendly nation or the +just rights of its citizens, nor to exact the like treatment for our +own. Calmness, justice, and consideration should characterize our +diplomacy. The offices of an intelligent diplomacy or of friendly +arbitration in proper cases should be adequate to the peaceful +adjustment of all international difficulties. By such methods we will +make our contribution to the world's peace, which no nation values more +highly, and avoid the opprobrium which must fall upon the nation that +ruthlessly breaks it. + +The duty devolved by law upon the President to nominate and, by and +with the advice and consent of the Senate, to appoint all public +officers whose appointment is not otherwise provided for in the +Constitution or by act of Congress has become very burdensome and its +wise and efficient discharge full of difficulty. The civil list is so +large that a personal knowledge of any large number of the applicants +is impossible. The President must rely upon the representations of +others, and these are often made inconsiderately and without any just +sense of responsibility. I have a right, I think, to insist that those +who volunteer or are invited to give advice as to appointments shall +exercise consideration and fidelity. A high sense of duty and an +ambition to improve the service should characterize all public +officers. + +There are many ways in which the convenience and comfort of those who +have business with our public offices may be promoted by a thoughtful +and obliging officer, and I shall expect those whom I may appoint to +justify their selection by a conspicuous efficiency in the discharge of +their duties. Honorable party service will certainly not be esteemed +by me a disqualification for public office, but it will in no case be +allowed to serve as a shield of official negligence, incompetency, or +delinquency. It is entirely creditable to seek public office by proper +methods and with proper motives, and all applicants will be treated +with consideration; but I shall need, and the heads of Departments will +need, time for inquiry and deliberation. Persistent importunity will +not, therefore, be the best support of an application for office. Heads +of Departments, bureaus, and all other public officers having any duty +connected therewith will be expected to enforce the civil-service +law fully and without evasion. Beyond this obvious duty I hope to do +something more to advance the reform of the civil service. The ideal, +or even my own ideal, I shall probably not attain. Retrospect will be +a safer basis of judgment than promises. We shall not, however, I am +sure, be able to put our civil service upon a nonpartisan basis until +we have secured an incumbency that fair-minded men of the opposition +will approve for impartiality and integrity. As the number of such in +the civil list is increased removals from office will diminish. + +While a Treasury surplus is not the greatest evil, it is a serious +evil. Our revenue should be ample to meet the ordinary annual demands +upon our Treasury, with a sufficient margin for those extraordinary but +scarcely less imperative demands which arise now and then. Expenditure +should always be made with economy and only upon public necessity. +Wastefulness, profligacy, or favoritism in public expenditures is +criminal. But there is nothing in the condition of our country or of +our people to suggest that anything presently necessary to the public +prosperity, security, or honor should be unduly postponed. + +It will be the duty of Congress wisely to forecast and estimate +these extraordinary demands, and, having added them to our ordinary +expenditures, to so adjust our revenue laws that no considerable annual +surplus will remain. We will fortunately be able to apply to the +redemption of the public debt any small and unforeseen excess of +revenue. This is better than to reduce our income below our necessary +expenditures, with the resulting choice between another change of our +revenue laws and an increase of the public debt. It is quite possible, +I am sure, to effect the necessary reduction in our revenues without +breaking down our protective tariff or seriously injuring any domestic +industry. + +The construction of a sufficient number of modern war ships and of +their necessary armament should progress as rapidly as is consistent +with care and perfection in plans and workmanship. The spirit, courage, +and skill of our naval officers and seamen have many times in our +history given to weak ships and inefficient guns a rating greatly +beyond that of the naval list. That they will again do so upon occasion +I do not doubt; but they ought not, by premeditation or neglect, to +be left to the risks and exigencies of an unequal combat. We should +encourage the establishment of American steamship lines. The exchanges +of commerce demand stated, reliable, and rapid means of communication, +and until these are provided the development of our trade with the +States lying south of us is impossible. + +Our pension laws should give more adequate and discriminating relief to +the Union soldiers and sailors and to their widows and orphans. Such +occasions as this should remind us that we owe everything to their +valor and sacrifice. + +It is a subject of congratulation that there is a near prospect of the +admission into the Union of the Dakotas and Montana and Washington +Territories. This act of justice has been unreasonably delayed in the +case of some of them. The people who have settled these Territories are +intelligent, enterprising, and patriotic, and the accession of these +new States will add strength to the nation. It is due to the settlers +in the Territories who have availed themselves of the invitations of +our land laws to make homes upon the public domain that their titles +should be speedily adjusted and their honest entries confirmed by +patent. + +It is very gratifying to observe the general interest now being +manifested in the reform of our election laws. Those who have been for +years calling attention to the pressing necessity of throwing about the +ballot box and about the elector further safeguards, in order that our +elections might not only be free and pure, but might clearly appear to +be so, will welcome the accession of any who did not so soon discover +the need of reform. The National Congress has not as yet taken control +of elections in that case over which the Constitution gives it +jurisdiction, but has accepted and adopted the election laws of the +several States, provided penalties for their violation and a method +of supervision. Only the inefficiency of the State laws or an unfair +partisan administration of them could suggest a departure from this +policy. + +It was clearly, however, in the contemplation of the framers of the +Constitution that such an exigency might arise, and provision was +wisely made for it. The freedom of the ballot is a condition of our +national life, and no power vested in Congress or in the Executive to +secure or perpetuate it should remain unused upon occasion. The people +of all the Congressional districts have an equal interest that the +election in each shall truly express the views and wishes of a majority +of the qualified electors residing within it. The results of such +elections are not local, and the insistence of electors residing in +other districts that they shall be pure and free does not savor at all +of impertinence. + +If in any of the States the public security is thought to be threatened +by ignorance among the electors, the obvious remedy is education. The +sympathy and help of our people will not be withheld from any community +struggling with special embarrassments or difficulties connected with +the suffrage if the remedies proposed proceed upon lawful lines and are +promoted by just and honorable methods. How shall those who practice +election frauds recover that respect for the sanctity of the ballot +which is the first condition and obligation of good citizenship? The +man who has come to regard the ballot box as a juggler's hat has +renounced his allegiance. + +Let us exalt patriotism and moderate our party contentions. Let those +who would die for the flag on the field of battle give a better proof +of their patriotism and a higher glory to their country by promoting +fraternity and justice. A party success that is achieved by unfair +methods or by practices that partake of revolution is hurtful and +evanescent even from a party standpoint. We should hold our differing +opinions in mutual respect, and, having submitted them to the +arbitrament of the ballot, should accept an adverse judgment with the +same respect that we would have demanded of our opponents if the +decision had been in our favor. + +No other people have a government more worthy of their respect and love +or a land so magnificent in extent, so pleasant to look upon, and so +full of generous suggestion to enterprise and labor. God has placed +upon our head a diadem and has laid at our feet power and wealth beyond +definition or calculation. But we must not forget that we take these +gifts upon the condition that justice and mercy shall hold the reins +of power and that the upward avenues of hope shall be free to all the +people. + +I do not mistrust the future. Dangers have been in frequent +ambush along our path, but we have uncovered and vanquished them all. +Passion has swept some of our communities, but only to give us a new +demonstration that the great body of our people are stable, patriotic, +and law-abiding. No political party can long pursue advantage at the +expense of public honor or by rude and indecent methods without protest +and fatal disaffection in its own body. The peaceful agencies of +commerce are more fully revealing the necessary unity of all our +communities, and the increasing intercourse of our people is promoting +mutual respect. We shall find unalloyed pleasure in the revelation +which our next census will make of the swift development of the great +resources of some of the States. Each State will bring its generous +contribution to the great aggregate of the nation's increase. And when +the harvests from the fields, the cattle from the hills, and the ores +of the earth shall have been weighed, counted, and valued, we will turn +from them all to crown with the highest honor the State that has most +promoted education, virtue, justice, and patriotism among its people. + +MARCH 4, 1889. + + + + +SPECIAL MESSAGE. + + +EXECUTIVE MANSION, _March 17, 1889_. + +_To the Senate of the United States_: + +I transmit herewith, in answer to the Senate resolution of the 11th +ultimo, a report of the Secretary of State, with accompanying papers, +in regard to the case of Louis Riel, otherwise known as Louis David +Riel.[1] + +BENJ. HARRISON. + +[Footnote 1: Tried and executed by the authorities of British North +America for complicity in the rebellion in the Northwest Territory.] + + + + +PROCLAMATIONS. + + +BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. + +A PROCLAMATION. + +The following provisions of the laws of the United States are hereby +published for the information of all concerned: + +Section 1956, Revised Statutes, chapter 3, Title XXIII, enacts that-- + + No person shall kill any otter, mink, marten, sable, or fur seal, or + other fur-bearing animal within the limits of Alaska Territory or in + the waters thereof; and every person guilty thereof shall for each + offense be fined not less than $200 nor more than $1,000, or imprisoned + not more than six months, or both; and all vessels, their tackle, + apparel, furniture, and cargo, found engaged in violation of this + section shall be forfeited; but the Secretary of the Treasury shall + have power to authorize the killing of any such mink, marten, sable, or + other fur-bearing animal, except fur seals, under such regulations as + he may prescribe; and it shall be the duty of the Secretary to prevent + the killing of any fur seal and to provide for the execution of the + provisions of this section until it is otherwise provided by law, nor + shall he grant any special privileges under this section. + + * * * * * + +Section 3 of the act entitled "An act to provide for the protection +of the salmon fisheries of Alaska," approved March 2, 1889, provides +that-- + + Sec. 3. That section 1956 of the Revised Statutes of the United + States is hereby declared to include and apply to all the dominion of + the United States in the waters of Bering Sea, and it shall be the + duty of the President at a timely season in each year to issue his + proclamation, and cause the same to be published for one month in at + least one newspaper (if any such there be) published at each United + States port of entry on the Pacific coast, warning all persons against + entering such waters for the purpose of violating the provisions of + said section, and he shall also cause one or more vessels of the United + States to diligently cruise said waters and arrest all persons and + seize all vessels found to be or to have been engaged in any violation + of the laws of the United States therein. + + +Now, therefore, I, Benjamin Harrison, President of the United States, +pursuant to the above-recited statutes, hereby warn all persons against +entering the waters of Bering Sea within the dominion of the United +States for the purpose of violating the provisions of said section +1956, Revised Statutes; and I hereby proclaim that all persons found +to be or have been engaged in any violation of the laws of the United +States in said waters will be arrested and punished as above provided, +and that all vessels so employed, their tackle, apparel, furniture, +and cargoes, will be seized and forfeited. + +In testimony whereof I have hereunto set my hand and caused the seal of +the United States to be affixed. + +[SEAL.] + +Done at the city of Washington, this 21st day of March, 1889, and of +the Independence of the United States the one hundred and thirteenth. + +BENJ. HARRISON. + +By the President: + JAMES G. BLAINE, + _Secretary of State_. + + + +BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. + +A PROCLAMATION. + +Whereas, pursuant to section 8 of the act of Congress approved March 3, +1885, entitled "An act making appropriations for the current and +contingent expenses of the Indian Department and for fulfilling treaty +stipulations with various Indian tribes for the year ending June 30, +1886, and for other purposes," certain articles of cession and +agreement were made and concluded at the city of Washington on the 19th +day of January, A.D. 1889, by and between the United States of America +and the Muscogee (or Creek) Nation of Indians, whereby the said +Muscogee (or Creek) Nation of Indians, for the consideration therein +mentioned, ceded and granted to the United States, without reservation +or condition, full and complete title to the entire western half of the +domain of the said Muscogee (or Creek) Nation in the Indian Territory, +lying west of the division line surveyed and established under the +treaty with said nation dated the 14th day of June, 1866, and also +granted and released to the United States all and every claim, estate, +right, or interest of any and every description in and to any and all +land and territory whatever, except so much of the former domain of +said Muscogee (or Creek) Nation as lies east of said line of division +surveyed and established as aforesaid, and then used and occupied as +the home of said nation, and which articles of cession and agreement +were duly accepted, ratified, and confirmed by said Muscogee (or Creek) +Nation of Indians by act of its council approved on the 31st day of +January, 1889, and by the United States by act of Congress approved +March 1, 1889; and + +Whereas by section 12 of the act entitled "An act making appropriations +for the current and contingent expenses of the Indian Department and +for fulfilling treaty stipulations with various Indian tribes for the +year ending June 30, 1890, and for other purposes," approved March 2, +1889, a sum of money was appropriated to pay in full the Seminole +Nation of Indians for all the right, title, interest, and claim which +said nation of Indians might have in and to certain lands ceded by +article 3 of the treaty between the United States and said nation of +Indians concluded June 14, 1866, and proclaimed August 16, 1866, said +appropriation to become operative upon the execution by the duly +appointed delegates of said nation specially empowered to do so of +a release and conveyance to the United States of all right, title, +interest, and claim of said nation of Indians in and to said lands in +manner and form satisfactory to the President of the United States; and + +Whereas said release and conveyance, bearing date the 16th day of +March, 1889, has been duly and fully executed, approved, and delivered; +and + +Whereas section 13 of the act last aforesaid, relating to said lands, +provides as follows: + + SEC. 13. That the lands acquired by the United States under said + agreement shall be a part of the public domain, to be disposed of only + as herein provided; and sections 16 and 36 of each township, whether + surveyed or unsurveyed, are hereby reserved for the use and benefit of + the public schools to be established within the limits of said lands + under such conditions and regulations as may be hereafter enacted by + Congress. + + That the lands acquired by conveyance from the Seminole Indians + hereunder, except the sixteenth and thirty-sixth sections, shall be + disposed of to actual settlers under the homestead laws only, except + as herein otherwise provided (except that section 2301 of the Revised + Statutes shall not apply): _And provided further_, That any person + who, having attempted to but for any cause failed to secure a title + in fee to a homestead under existing law, or who made entry under + what is known as the commuted provision of the homestead law, shall + be qualified to make a homestead entry upon said lands: _And provided + further_, That the rights of honorably discharged Union soldiers and + sailors in the late Civil War as defined and described in sections 2304 + and 2305 of the Revised Statutes shall not be abridged: _And provided + further_, That each entry shall be in square form as nearly as + practicable, and no person be permitted to enter more than one quarter + section thereof, but until said lands are opened for settlement by + proclamation of the President no person shall be permitted to enter + upon and occupy the same, and no person violating this provision shall + ever be permitted to enter any of said lands or acquire any right + thereto. + + The Secretary of the Interior may, after said proclamation and not + before, permit entry of said lands for town sites, under sections 2387 + and 2388 of the Revised Statutes, but no such entry shall embrace more + than one half section of land. + + That all the foregoing provisions with reference to lands to be + acquired from the Seminole Indians, including the provisions pertaining + to forfeiture, shall apply to and regulate the disposal of the lands + acquired from the Muscogee (or Creek) Indians by articles of cession + and agreement made and concluded at the city of Washington on the 19th + day of January, A.D. 1889. + + +Now, therefore, I, Benjamin Harrison, President of the United States, +by virtue of the power in me vested by said act of Congress approved +March 2, 1889, aforesaid, do hereby declare and make known that so much +of the lands as aforesaid acquired from or conveyed by the Muscogee (or +Creek) Nation of Indians and from or by the Seminole Nation of Indians, +respectively, as is contained within the following-described +boundaries, viz: + +Beginning at a point where the degree of longitude 98 west from +Greenwich, as surveyed in the years 1858 and 1871, intersects the +Canadian River; thence north along and with the said degree to a point +where the same intersects the Cimarron River; thence up said river, +along the right bank thereof, to a point where the same is intersected +by the south line of what is known as the Cherokee lands lying west of +the Arkansas River, or as the "Cherokee Outlet," said line being the +north line of the lands ceded by the Muscogee (or Creek) Nation of +Indians to the United States by the treaty of June 14, 1866; thence +east along said line to a point where the same intersects the west line +of the lands set apart as a reservation for the Pawnee Indians by act +of Congress approved April 10, 1876, being the range line between +ranges 4 and 5 east of the Indian meridian; thence south on said line +to a point where the same intersects the middle of the main channel of +the Cimarron River; thence up said river, along the middle of the main +channel thereof, to a point where the same intersects the range line +between range 1 east and range 1 west (being the Indian meridian), +which line forms the western boundary of the reservations set apart, +respectively, for the Iowa and Kickapoo Indians by Executive orders +dated, respectively, August 15, 1883; thence south along said range +line or meridian to a point where the same intersects the right bank +of the North Fork of the Canadian River; thence up said river, along +the right bank thereof, to a point where the same is intersected +by the west line of the reservation occupied by the Citizen band of +Pottawatomies and the Absentee Shawnee Indians, set apart under the +provisions of the treaty of February 27, 1867, between the United +States and the Pottawatomie tribe of Indians, and referred to in the +act of Congress approved May 23, 1872; thence south along the said west +line of the aforesaid reservation to a point where the same intersects +the middle of the main channel of the Canadian River; thence up the +said river, along the middle of the main channel thereof, to a point +opposite to the place of beginning, and thence north to the place of +beginning (saving and excepting 1 acre of land in square form in the +northwest corner of section 9, in township 16 north, range 2 west of +the Indian meridian in Indian Territory, and also 1 acre of land in the +southeast corner of the northwest quarter of section 15, township 16 +north, range 7 west of the Indian meridian in the Indian Territory, +which last-described 2 acres are hereby reserved for Government use and +control), will, at and after the hour of 12 o'clock noon of the 22d day +of April next, and not before, be open for settlement, under the terms +of and subject to all the conditions, limitations, and restrictions +contained in said act of Congress approved March 2, 1889, and the laws +of the United States applicable thereto. + +And it is hereby expressly declared and made known that no other +parts or portions of the lands embraced within the Indian Territory +than those herein specifically described and declared to be open to +settlement at the time above named and fixed are to be considered as +open to settlement under this proclamation or the act of March 2, 1889, +aforesaid. + +And warning is hereby again expressly given that no person entering +upon and occupying said lands before said hour of 12 o'clock noon of +the 22d day of April, A.D. 1889, hereinbefore fixed, will ever be +permitted to enter any of said lands or acquire any rights thereto, and +that the officers of the United States will be required to strictly +enforce the provision of the act of Congress to the above effect. + +In witness whereof I have hereunto set my hand and caused the seal of +the United States to be affixed. + +Done at the city of Washington, this 23d day of March, A.D. 1889, and +of the Independence of the United States the one hundred and +thirteenth. + +[SEAL.] + +BENJ. HARRISON. + +By the President: + JAMES G. BLAINE, + _Secretary of State_. + + + +BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. + +A PROCLAMATION. + +A hundred years have passed since the Government which our forefathers +founded was formally organized. At noon on the 30th day of April, 1789, +in the city of New York, and in the presence of an assemblage of the +heroic men whose patriotic devotion had led the colonies to victory and +independence, George Washington took the oath of office as Chief +Magistrate of the new-born Republic. This impressive act was preceded +at 9 o'clock in the morning in all the churches of the city by prayer +for God's blessing on the Government and its first President. + +The centennial of this illustrious event in our history has been +declared a general holiday by act of Congress, to the end that the +people of the whole country may join in commemorative exercises +appropriate to the day. + +In order that the joy of the occasion may be associated with a deep +thankfulness in the minds of the people for all our blessings in the +past and a devout supplication to God for their gracious continuance in +the future, the representatives of the religious creeds, both Christian +and Hebrew, have memorialized the Government to designate an hour for +prayer and thanksgiving on that day. + +Now, therefore, I, Benjamin Harrison, President of the United States of +America, in response to this pious and reasonable request, do recommend +that on Tuesday, April 30, at the hour of 9 o'clock in the morning, +the people of the entire country repair to their respective places +of divine worship to implore the favor of God that the blessings of +liberty, prosperity, and peace may abide with us as a people, and that +His hand may lead us in the paths of righteousness and good deeds. + +In witness whereof I have hereunto set my hand and caused the seal of +the United States of America to be affixed. + +[SEAL.] + +Done in the city of Washington, this 4th day of April, A.D. 1889, and +of the Independence of the United States the one hundred and +thirteenth. + +BENJ. HARRISON. + +By the President: + JAMES G. BLAINE, + _Secretary of State_. + + + +BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. + +A PROCLAMATION. + +A highly favored people, mindful of their dependence on the bounty of +Divine Providence, should seek fitting occasion to testify gratitude +and ascribe praise to Him who is the author of their many blessings. +It behooves us, then, to look back with thankful hearts over the past +year and bless God for His infinite mercy in vouchsafing to our land +enduring peace, to our people freedom from pestilence and famine, to +our husbandmen abundant harvests, and to them that labor a recompense +of their toil. + +Now, therefore, I, Benjamin Harrison, President of the United States +of America, do earnestly recommend that Thursday, the 28th day of +this present month of November, be set apart as a day of national +thanksgiving and prayer, and that the people of our country, ceasing +from the cares and labors of their working day, shall assemble in their +respective places of worship and give thanks to God, who has prospered +us on our way and made our paths the paths of peace, beseeching Him to +bless the day to our present and future good, making it truly one of +thanksgiving for each reunited home circle as for the nation at large. + +In witness whereof I have hereunto set my hand and caused the seal of +the United States to be affixed. + +[SEAL.] + +Done at the city of Washington, this 1st day of November, A.D. 1889, +and of the Independence of the United States the one hundred and +fourteenth. + +BENJ. HARRISON. + +By the President: + JAMES G. BLAINE, + _Secretary of State_. + + + +BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. + +A PROCLAMATION. + +Whereas the Congress of the United States did by an act approved +on the 22d day of February, 1889, provide that the inhabitants of the +Territory of Dakota might upon the conditions prescribed in said act +become the States of North Dakota and South Dakota; and + +Whereas it was provided by said act that the area comprising the +Territory of Dakota should for the purposes of the act be divided on +the line of the seventh standard parallel produced due west to the +western boundary of said Territory, and that the delegates elected as +therein provided to the constitutional convention in districts north of +said parallel should assemble in convention at the time prescribed in +the act at the city of Bismarck; and + +Whereas it was provided by the said act that the delegates elected as +aforesaid should, after they had met and organized, declare on behalf +of the people of North Dakota that they adopt the Constitution of the +United States, whereupon the said convention should be authorized to +form a constitution and State government for the proposed State of +North Dakota; and + +Whereas it was provided by said act that the constitution so adopted +should be republican in form and make no distinction in civil or +political rights on account of race or color, except as to Indians not +taxed, and not be repugnant to the Constitution of the United States +and the principles of the Declaration of Independence, and that the +convention should, by an ordinance irrevocable without the consent of +the United States and the people of said States, make certain +provisions prescribed in said act; and + +Whereas it was provided by said act that the constitutions of North +Dakota and South Dakota should, respectively, incorporate an agreement, +to be reached in accordance with the provision of the act, for an +equitable division of all property belonging to the Territory of +Dakota, the disposition of all public records, and also for the +apportionment of the debts and liabilities of said Territory, and that +each of said States should obligate itself to pay its proportion of +such debts and liabilities the same as if they had been created by such +States, respectively; and + +Whereas it was provided by said act that the constitution thus +formed for the people of North Dakota should, by an ordinance of the +convention forming the same, be submitted to the people of North Dakota +at an election to be held therein on the first Tuesday in October, +1889, for ratification or rejection by the qualified voters of said +proposed State, and that the returns of said election should be made to +the secretary of the Territory of Dakota, who, with the governor and +chief justice thereof, or any two of them, should canvass the same, and +if a majority of the legal votes cast should be for the constitution +the governor should certify the result to the President of the United +States, together with a statement of the votes cast thereon and upon +separate articles or propositions, and a copy of said constitution, +articles, propositions, and ordinances; and + +Whereas it has been certified to me by the governor of the Territory +of Dakota that within the time prescribed by said act of Congress a +constitution for the proposed State of North Dakota has been adopted +and the same ratified by a majority of the qualified voters of said +proposed State in accordance with the conditions prescribed in said +act; and + +Whereas it is also certified to me by the said governor that at the +same time that the body of said constitution was submitted to a vote of +the people a separate article, numbered 20 and entitled "Prohibition," +was also submitted and received a majority of all the votes cast for +and against said article, as well as a majority of all the votes cast +for and against the constitution, and was adopted; and + +Whereas a duly authenticated copy of said constitution, article, +ordinances, and propositions, as required by said act, has been +received by me: + +Now, therefore, I, Benjamin Harrison, President of the United States of +America, do, in accordance with the provisions of the act of Congress +aforesaid, declare and proclaim the fact that the conditions imposed +by Congress on the State of North Dakota to entitle that State to +admission to the Union have been ratified and accepted and that the +admission of the said State into the Union is now complete. + +In testimony whereof I have hereunto set my hand and caused the seal of +the United States to be affixed. + +[SEAL.] + +Done at the city of Washington, this 2d day of November, A.D. 1889, and +of the Independence of the United States of America the one hundred and +fourteenth. + +BENJ. HARRISON. + +By the President: + JAMES G. BLAINE, + _Secretary of State_. + + + +BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. + +A PROCLAMATION. + +Whereas the Congress of the United States did by an act approved +on the 22d day of February, 1889, provide that the inhabitants of the +Territory of Dakota might upon the conditions prescribed in the said +act become the States of North Dakota and South Dakota; and + +Whereas it was provided by said act that the area comprising the +Territory of Dakota should for the purposes of the act be divided on +the line of the seventh standard parallel produced due west to the +western boundary of said Territory, and that the delegates elected as +therein provided to the constitutional convention in districts south of +said parallel should at the time prescribed in the act assemble in +convention at the city of Sioux Falls; and + +Whereas it was provided by the said act that the delegates elected as +aforesaid should, after they had met and organized, declare on behalf +of the people of South Dakota that they adopt the Constitution of the +United States, whereupon the said convention should be authorized to +form a constitution and State government for the proposed State of +South Dakota; and + +Whereas it was provided by said act that the constitution so adopted +should be republican in form and make no distinction in civil or +political rights on account of race or color, except as to Indians not +taxed, and not be repugnant to the Constitution of the United States +and the principles of the Declaration of Independence, and that the +convention should, by an ordinance irrevocable without the consent of +the United States and the people of said States, make certain +provisions prescribed in said act; and + +Whereas it was provided by said act that the constitutions of North +Dakota and South Dakota should, respectively, incorporate an agreement, +to be reached in accordance with the provisions of the act, for an +equitable division of all property belonging to the Territory of +Dakota, the disposition of all public records, and also for the +apportionment of the debts and liabilities of said Territory, and that +each of said States should obligate itself to pay its proportion of +such debts and liabilities the same as if they had been created by such +States respectively; and + +Whereas it was provided by said act that at the election for delegates +to the constitutional convention in South Dakota, as therein provided, +each elector might have written or printed on his ballot the words +"For the Sioux Falls constitution" or the words "Against the Sioux +Falls constitution;" that the votes on this question should be returned +and canvassed in the same manner as the votes for the election of +delegates, and if a majority of all votes cast on this question should +be "For the Sioux Falls constitution" it should be the duty of the +convention which might assemble at Sioux Falls, as provided in the +act, to resubmit to the people of South Dakota, for ratification or +rejection, at an election provided for in said act, the constitution +framed at Sioux Falls and adopted November 3, 1885, and also the +articles and propositions separately submitted at that election, +including the question of locating the temporary seat of government, +with such changes only as related to the name and boundary of the +proposed State, to the reapportionment of the judicial and legislative +districts, and such amendments as might be necessary in order to comply +with the provisions of the act; and + +Whereas it was provided by said act that the constitution formed for +the people of South Dakota should, by an ordinance of the convention +forming the same, be submitted to the people of South Dakota at an +election to be held therein on the first Tuesday in October, 1889, for +ratification or rejection by the qualified voters of said proposed +State, and that the returns of said election should be made to the +secretary of the Territory of Dakota, who, with the governor and chief +justice thereof, or any two of them, should canvass the same, and if +a majority of the legal votes cast should be for the constitution the +governor should certify the result to the President of the United +States, together with a statement of the votes cast thereon and upon +separate articles or propositions, and a copy of said constitution, +articles, propositions, and ordinances; and + +Whereas it has been certified to me by the governor of the Territory of +Dakota that at the aforesaid election for delegates the "Sioux Falls +constitution" was submitted to the people of the proposed State of +South Dakota, as provided in the said act; that a majority of all the +votes cast on this question was "For the Sioux Falls constitution," +and that the said constitution was at the time prescribed in the act +resubmitted to the people of South Dakota, with proper changes and +amendments, and has been adopted and ratified by a majority of the +qualified voters of said proposed State in accordance with the +conditions prescribed in said act; and + +Whereas it is also certified to me by the said governor that at the +same time that the body of said constitution was submitted to a vote +of the people two additional articles were submitted separately, to +wit, an article numbered 24, entitled "Prohibition," which received a +majority of all the votes cast for and against said article, as well +as a majority of all the votes cast for and against the constitution, +and was adopted; and an article numbered 25, entitled "Minority +representation," which did not receive a majority of the votes cast +thereon or upon the constitution, and was rejected; and + +Whereas a duly authenticated copy of said constitution, additional +articles, ordinances, and propositions, as required by said act, has +been received by me: + +Now, therefore, I, Benjamin Harrison, President of the United States of +America, do, in accordance with the act of Congress aforesaid, declare +and proclaim the fact that the conditions imposed by Congress on the +State of South Dakota to entitle that State to admission to the Union +have been ratified and accepted and that the admission of the said +State into the Union is now complete. + +In testimony whereof I have hereunto set my hand and caused the seal of +the United States to be affixed. + +[SEAL.] + +Done at the city of Washington, this 2d day of November, A.D. 1889, and +of the independence of the United States of America the one hundred and +fourteenth. + +BENJ. HARRISON. + +By the President: + JAMES G. BLAINE, + _Secretary of State_. + + + +BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. + +A PROCLAMATION. + +Whereas the Congress of the United States did by an act approved +on the 22d day of February, 1889, provide that the inhabitants of the +Territory of Montana might upon the conditions prescribed in said act +become the State of Montana; and + +Whereas it was provided by said act that delegates elected as therein +provided to a constitutional convention in the Territory of Montana +should meet at the seat of government of said Territory, and that after +they had met and organized they should declare on behalf of the people +of Montana that they adopt the Constitution of the United States, +whereupon the said convention should be authorized to form a State +government for the proposed State of Montana; and + +Whereas it was provided by said act that the constitution so adopted +should be republican in form and make no distinction in civil or +political rights on account of race or color, except as to Indians not +taxed, and not be repugnant to the Constitution of the United States +and the principles of the Declaration of Independence, and that the +convention should, by an ordinance irrevocable without the consent of +the United States and the people of said State, make certain provisions +prescribed in said act; and + +Whereas it was provided by said act that the constitution thus formed +for the people of Montana should, by an ordinance of the convention +forming the same, be submitted to the people of Montana at an election +to be held therein on the 1st Tuesday in October, 1889, for +ratification or rejection by the qualified voters of said proposed +State, and that the returns of said election should be made to the +secretary of said Territory, who, with the governor and chief justice +thereof, or any two of them, should canvass the same, and if a majority +of the legal votes cast should be for the constitution the governor +should certify the result to the President of the United States, +together with a statement of the votes cast thereon and upon separate +articles or propositions, and a copy of said constitution, articles, +propositions, and ordinances; and + +Whereas it has been certified to me by the governor of said Territory +that within the time prescribed by said act of Congress a constitution +for the proposed State of Montana has been adopted, and that the same, +together with two ordinances connected therewith, has been ratified by +a majority of the qualified voters of said proposed State in accordance +with the conditions prescribed in said act; and + +Whereas a duly authenticated copy of said constitution and ordinances, +as required by said act, has been received by me: + +Now, therefore, I, Benjamin Harrison, President of the United States of +America, do, in accordance with the provisions of the act of Congress +aforesaid, declare and proclaim the fact that the conditions imposed by +Congress on the State of Montana to entitle that State to admission to +the Union have been ratified and accepted and that the admission of the +said State into the Union is now complete. + +In testimony whereof I have hereunto set my hand and caused the seal of +the United States to be affixed. + +[SEAL.] + +Done at the city of Washington, this 8th day of November, A.D. 1889, +and of the Independence of the United States of America the one hundred +and fourteenth. + +BENJ. HARRISON. + +By the President: + JAMES G. BLAINE, + _Secretary of State_. + + + +BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. + +A PROCLAMATION. + +Whereas the Congress of the United States did by an act approved +on the 22d day of February, 1889, provide that the inhabitants of the +Territory of Washington might upon the conditions prescribed in said +act become the State of Washington; and + +Whereas it was provided by said act that delegates elected as therein +provided to a constitutional convention in the Territory of Washington +should meet at the seat of government of said Territory, and that after +they had met and organized they should declare on behalf of the people +of Washington that they adopt the Constitution of the United States, +whereupon the said convention should be authorized to form a State +government for the proposed State of Washington; and + +Whereas it was provided by said act that the constitution so adopted +should be republican in form and make no distinction in civil or +political rights on account of race or color, except as to Indians not +taxed, and not be repugnant to the Constitution of the United States +and the principles of the Declaration of Independence, and that the +convention should, by an ordinance irrevocable without the consent of +the United States and the people of said State, make certain provisions +prescribed in said act; and + +Whereas it was provided by said act that the constitution thus formed +for the people of Washington should, by an ordinance of the convention +forming the same, be submitted to the people of Washington at an +election to be held therein on the first Tuesday in October, 1889, for +ratification or rejection by the qualified voters of said proposed +State, and that the returns of said election should be made to the +secretary of said Territory, who, with the governor and chief justice +thereof, or any two of them, should canvass the same, and if a majority +of the legal votes cast should be for the constitution the governor +should certify the result to the President of the United States, +together with a statement of the votes cast thereon and upon separate +articles or propositions, and a copy of said constitution, articles, +propositions, and ordinances; and + +Whereas it has been certified to me by the governor of said Territory +that within the time prescribed by said act of Congress a constitution +for the proposed State of Washington has been adopted, and that the +same has been ratified by a majority of the qualified voters of said +proposed State in accordance with the conditions prescribed in said +act; and + +Whereas it is also certified to me by the said governor that at the +same time the body of said constitution was submitted to a vote +of the people two separate articles, entitled "Woman suffrage" and +"Prohibition," were likewise submitted, which said separate articles +did not receive a majority of the votes cast thereon or upon the +constitution, and were rejected; also that at the same election the +question of the location of a permanent seat of government was so +submitted, and that no place received a majority of all the votes +cast upon said question; and + +Whereas a duly authenticated copy of said constitution and articles, +as required by said act, has been received by me: + +Now, therefore, I, Benjamin Harrison, President of the United States of +America, do, in accordance with the provisions of the act of Congress +aforesaid, declare and proclaim the fact that the conditions imposed by +Congress on the State of Washington to entitle that State to admission +to the Union have been ratified and accepted and that the admission of +the said State into the Union is now complete. + +In testimony whereof I have hereunto set my hand and caused the seal of +the United States to be affixed. + +[SEAL.] + +Done at the city of Washington, this 11th day of November, A.D. 1889, +and of the Independence of the United States of America the one hundred +and fourteenth. + +BENJ. HARRISON. + +By the President: + JAMES G. BLAINE, + _Secretary of State_. + + + + +EXECUTIVE ORDERS. + + +EXECUTIVE MANSION, _Washington, March 11, 1889_. + +Whereas civil-service rules for the railway mail service were approved +January 4, 1889, to go into effect March 15, 1889; and + +Whereas it is represented to me by the Civil Service Commission in a +communication of this date that it will be impossible to complete +arrangements for putting said rules into full effect on said date, or +sooner than May 1, 1889: + +_It is therefore ordered_, That said railway mail rules shall take +effect May 1, 1889, instead of March 15, 1889: _Provided_, That such +rules shall become operative and take effect in any State or Territory +as soon as an eligible register for such State or Territory shall be +prepared, if it shall be prior to the date above fixed. + +BENJ. HARRISON. + + + +AMENDMENT OF CIVIL-SERVICE RULES. + +EXECUTIVE MANSION, _April 17, 1889_. + +Special Departmental Rule No. 1 is hereby amended by including among the +places excepted from examination thereunder in section 2 the following: +"and inspector of furniture." + +As amended so much of that section as relates to the office of Secretary +of the Treasury will read as follows: + + 2. In the Department of the Treasury, in the office of the Secretary: + Government actuary and inspector of furniture. + +BENJ. HARRISON. + + + +REGULATIONS FOR THE DISTRIBUTION OF ARMS, ORDNANCE STORES, +QUARTERMASTER'S STORES, AND CAMP EQUIPAGE TO THE TERRITORIES AND THE +DISTRICT OF COLUMBIA, PRESCRIBED BY THE PRESIDENT OF THE UNITED STATES +IN CONFORMITY WITH THE SECOND SECTION OF THE ACT ENTITLED "AN ACT TO +AMEND SECTION 1661, REVISED STATUTES, MAKING AN ANNUAL APPROPRIATION TO +PROVIDE ARMS AND EQUIPMENTS FOR THE MILITIA." + +EXECUTIVE MANSION, _April 23, 1889_. + +1. Arms, ordnance stores, quartermaster's stores, and camp equipage +shall be issued to the Territories on requisitions of the governors +thereof, and to the District of Columbia on requisitions approved by the +senior general of the District militia present for duty. Returns shall +be made annually by the senior general of the District militia in the +manner as required by sections 3 and 4 of the act above referred to in +the case of States and Territories. + +2. It is forbidden to make issues to States and Territories in excess of +the amount to their credit under the provisions of section 1661, Revised +Statutes, as amended by the above act. + +3. Any regulations established hitherto which in any way conflict with +these are hereby revoked. + +BENJ. HARRISON. + + + +AMENDMENT OF CIVIL-SERVICE RULES. + +MAY 4, 1889. + +Special Departmental Rule No. 1 is hereby amended by including among the +places excepted from examination thereunder in section 2 the following: +"custodian of dies, rolls, and plates at the Bureau of Engraving and +Printing, two subcustodians, keeper of the vault, and distributer of +stock." + +As amended so much of that section as relates to the office of the +Secretary of the Treasury will read: + +2. In the Department of the Treasury, in the office of the Secretary: +Government actuary, inspector of furniture, custodian of dies, rolls, +and plates at the Bureau of Engraving and Printing, two subcustodians, +keeper of the vault, and distributer of stock. + +BENJ. HARRISON. + + + +AMENDMENTS OF CIVIL-SERVICE RULES. + +EXECUTIVE MANSION, _May 27, 1889_. + +Departmental Rule VIII is hereby amended as follows: + +At the end of section 1 insert an additional clause, as follows: + + (_d_) From the office of the President of the United States, after two + years' continuous service therein immediately preceding the transfer, + to any place in the classified service without examination, upon the + requisition of the head of the Department to which the transfer is to + be made and the certification of the Commission. + +In section 2, line 1, after the word "authorized," insert the following: +"except as provided in section 1, clause (_d_)." + +BENJ. HARRISON. + + + +BY THE PRESIDENT OF THE UNITED STATES. + +EXECUTIVE ORDER. + +EXECUTIVE MANSION, _May 29, 1889_. + +_It is hereby ordered_, That the several Executive Departments and the +Government Printing Office be closed on Thursday, the 30th instant, to +enable the employees to participate in the decoration of the graves of +the soldiers who fell during the rebellion. + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _June 7, 1889_. + +In November, 1862, President Lincoln quoted the words of Washington to +sustain his own views, and announced in a general order that-- + + The President, Commander in Chief of the Army and Navy, desires and + enjoins the orderly observance of the Sabbath by the officers and men + in the military and naval service. The importance for man and beast of + the prescribed weekly rest, the sacred rights of Christian soldiers + and sailors, a becoming deference to the best sentiment of a Christian + people, and a due regard for the divine will demand that Sunday labor + in the Army and Navy be reduced to the measure of strict necessity. + + +The truth so concisely stated can not be too faithfully regarded, and +the pressure to ignore it is far less now than in the midst of war. To +recall the kindly and considerate spirit of the orders issued by these +great men in the most trying times of our history, and to promote +contentment and efficiency, the President directs that Sunday-morning +inspection will be merely of the dress and general appearance, without +arms; and the more complete inspection under arms, with all men present, +as required in paragraph 950, Army Regulations, 1889, will take place on +Saturday. + +BENJ. HARRISON. + +By the President: + REDFIELD PROCTOR, + _Secretary of War_. + + + +AMENDMENTS OF CIVIL-SERVICE RULES. + +EXECUTIVE MANSION, _June 10, 1889_. + +Special Departmental Rule No. 1 is hereby amended as follows: + +In section 2, at the end of paragraph 1, insert the following: "foremen +of laborers, skilled laborers, elevator conductors, foreman of cabinet +shop, and cabinetmakers." + +So that as amended so much of section 2 as relates to the office of the +Secretary of the Treasury will read: + + In the office of the Secretary: Government actuary, inspector of + furniture, custodian of dies, rolls, and plates at the Bureau of + Engraving and Printing, two subcustodians, keeper of the vault, and + distributer of stock, foremen of laborers, skilled laborers, elevator + conductors, foreman of cabinet shop, and cabinetmakers. + +In section 3 strike out the last paragraph and insert in lieu thereof +the following: + + In the Geological Survey: General assistant, executive officer, chief + photographer, editor, all scientific employees of the Geological Survey + officially designated as follows: Chief geologist, geologist, assistant + geologist, chief paleontologist, paleontologist, and assistant + paleontologist, chief chemist, chemist, assistant chemist, chief + physicist, physicist, assistant physicist, chief geographer, geographer, + assistant geographer, chief topographer, topographer, assistant + topographer, chief hydrographer, hydrographer, assistant hydrographer, + supervising engineer, engineer, assistant engineer, paleontological + draftsman, chief mechanician, mechanician, assistant mechanician. + +BENJ. HARRISON. + + + +AMENDMENT OF CIVIL-SERVICE RULES. + +EXECUTIVE MANSION, _June 18, 1889_. + +Departmental Rule X, Customs Rule VII, Postal Rule VII, and Railway Mail +Rule VI are hereby amended by adding to each of said rules, at the end +thereof, the following: + + _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 of the United States in the late War of + the Rebellion, and was honorably discharged therefrom, without regard to + the length of time he has been separated from the service. + +BENJ. HARRISON. + + + +AMENDMENT OF CIVIL-SERVICE RULES. + +JULY 26, 1889. + +Clause (_h_) of section 2 of General Rule III is hereby amended by +adding to that clause, at the end thereof, the following: "or for +temporary appointment for not exceeding thirty days in any part of the +classified service." + +Approved: + +BENJ. HARRISON. + + + +AMENDMENT OF CIVIL-SERVICE RULES. + +JULY 26, 1889. + +Section 5 of Railway Mail Rule II is hereby amended by adding an +additional clause, as follows: + + (_c_) Printers, employed as such. + +Approved: + +BENJ. HARRISON. + + + +AMENDMENT OF CIVIL-SERVICE RULES. + +EXECUTIVE MANSION, _August 17, 1889_. + +Clause 5 of Railway Mail Rule II is hereby amended by adding thereto the +following clauses: + + (_d_) Clerks employed exclusively as porters in handling mail matter in + bulk, in sacks, or pouches, and not otherwise. + + (_e_) Clerks employed exclusively on steamboats. + +Approved: + +BENJ. HARRISON. + + + +AMENDMENT OF CIVIL-SERVICE RULES. + +AUGUST 20, 1889. + +Clause 2 of Special Departmental Rule No. 1 is hereby amended by +including among the places excepted from examination in the office of +the Supervising Architect the following: "engineers and draftsmen of +classes 1, 2, 3, 4, and 5, not exceeding ten in all: _Provided_, That +these ten places shall cease to be excepted places from and after June +30, 1890." + +As thus amended so much of clause 2 as relates to the office of the +Supervising Architect will read as follows: + +In the office of the Supervising Architect: Supervising Architect, +assistant and chief clerk, confidential clerk to Supervising Architect, +photographer, engineers and draftsmen of classes 1, 2, 3, 4, and 5, not +exceeding ten in all: _Provided_, That these ten places shall cease to +be excepted places from and after June 30, 1890. + +Approved: + +BENJ. HARRISON. + + + +AMENDMENT OF CIVIL-SERVICE RULES. + +OCTOBER 29, 1889. + +Section 2 of Special Departmental Rule No. 1 is hereby amended by adding +to the places excepted from examination in the Bureau of Engraving and +Printing the following: "plate cleaners, transferrers, hardeners, +provers, pressmen, machinists, plumbers, carpenters, and blacksmiths." + +Approved: + +BENJ. HARRISON. + + + +AMENDMENTS OF CIVIL-SERVICE RULES. + +Section 2 of Railway Mail Rule IV is hereby amended by substituting for +clause (_b_) of said section the following: + + (_b_) The Commission shall certify from the register of the State or + Territory in which the vacancy exists the names of the three eligibles + thereon having the highest averages, resident in the counties of said + State or Territory through or on the borders of which the section of the + road passes on which the person to be appointed is to serve, who have + not been three times certified: _Provided_, That if there are not three + eligibles resident in said counties, then certification shall be made in + like manner from the counties of said State or Territory nearest to the + line of said road in which there are three eligibles; or if there are + not three eligibles upon the register of said State or Territory, then + certification may be made from the register of any adjoining State or + Territory: _Provided further_, That if upon the register of the State + or Territory in which vacancy exists there are the names of eligibles + having a claim of preference under section 1754, Revised Statutes, the + names of such eligibles shall be certified before the names of other + eligibles of higher grade. + + +At the end of the rule add an additional section, as follows: + + 7. In case of public and pressing exigency demanding the immediate + employment of experienced railway mail clerks who can not be at once + supplied in the manner provided for in section 2 of this rule, or by + transfer under Rule V, or reappointment under Rule VI, there may be + employed, without examination or certification, under such regulations + as the Postmaster-General may prescribe, for a period not to exceed + thirty days, which, with the consent of the Commission, may be extended + to sixty days, any persons who have been in the railway mail service, + who have the requisite knowledge and experience, who may be available. + Every such employment and the reasons therefor shall be at once + reported to the Commission. + + +Approved, November 1, 1889. + +BENJ. HARRISON. + + + +AMENDMENT OF CIVIL-SERVICE RULES. + +Special Customs Rule No. 1 is hereby amended by adding to the places +excepted from examination at the port of New York the following: + + Office of the General Appraiser: Chief clerk and law clerk. + +Approved, November 18, 1889. + +BENJ. HARRISON. + + + + +FIRST ANNUAL MESSAGE. + + +EXECUTIVE MANSION, _Washington, December 3, 1889_. + +_To the Senate and House of Representatives_: + +There are few transactions in the administration of the Government +that are even temporarily held in the confidence of those charged +with the conduct of the public business. Every step taken is under the +observation of an intelligent and watchful people. The state of the +Union is known from day to day, and suggestions as to needed legislation +find an earlier voice than that which speaks in these annual +communications of the President to Congress. + +Good will and cordiality have characterized our relations and +correspondence with other governments, and the year just closed leaves +few international questions of importance remaining unadjusted. No +obstacle is believed to exist that can long postpone the consideration +and adjustment of the still pending questions upon satisfactory and +honorable terms. The dealings of this Government with other states have +been and should always be marked by frankness and sincerity, our +purposes avowed, and our methods free from intrigue. This course has +borne rich fruit in the past, and it is our duty as a nation to preserve +the heritage of good repute which a century of right dealing with +foreign governments has secured to us. + +It is a matter of high significance and no less of congratulation that +the first year of the second century of our constitutional existence +finds as honored guests within our borders the representatives of all +the independent States of North and South America met together in +earnest conference touching the best methods of perpetuating and +expanding the relations of mutual interest and friendliness existing +among them. That the opportunity thus afforded for promoting closer +international relations and the increased prosperity of the States +represented will be used for the mutual good of all I can not permit +myself to doubt. Our people will await with interest and confidence the +results to flow from so auspicious a meeting of allied and in large part +identical interests. + +The recommendations of this international conference of enlightened +statesmen will doubtless have the considerate attention of Congress and +its cooperation in the removal of unnecessary barriers to beneficial +intercourse between the nations of America. But while the commercial +results which it is hoped will follow this conference are worthy of +pursuit and of the great interests they have excited, it is believed +that the crowning benefit will be found in the better securities which +may be devised for the maintenance of peace among all American nations +and the settlement of all contentions by methods that a Christian +civilization can approve. While viewing with interest our national +resources and products, the delegates will, I am sure, find a higher +satisfaction in the evidences of unselfish friendship which everywhere +attend their intercourse with our people. + +Another international conference having great possibilities for good has +lately assembled and is now in session in this capital. An invitation +was extended by the Government, under the act of Congress of July 9, +1888, to all maritime nations to send delegates to confer touching the +revision and amendment of the rules and regulations governing vessels +at sea and to adopt a uniform system of marine signals. The response to +this invitation has been very general and very cordial. Delegates from +twenty-six nations are present in the conference, and they have entered +upon their useful work with great zeal and with an evident appreciation +of its importance. So far as the agreement to be reached may require +legislation to give it effect, the cooperation of Congress is +confidently relied upon. + +It is an interesting, if not, indeed, an unprecedented, fact that the +two international conferences have brought together here the accredited +representatives of thirty-three nations. + +Bolivia, Ecuador, and Honduras are now represented by resident envoys of +the plenipotentiary grade. All the States of the American system now +maintain diplomatic representation at this capital. + +In this connection it may be noted that all the nations of the Western +Hemisphere, with one exception, send to Washington envoys extraordinary +and ministers plenipotentiary, being the highest grade accredited to +this Government. The United States, on the contrary, sends envoys of +lower grades to some of our sister Republics. Our representative in +Paraguay and Uruguay is a minister resident, while to Bolivia we send a +minister resident and consul-general. In view of the importance of our +relations with the States of the American system, our diplomatic agents +in those countries should be of the uniform rank of envoy extraordinary +and minister plenipotentiary. Certain missions were so elevated by the +last Congress with happy effect, and I recommend the completion of the +reform thus begun, with the inclusion also of Hawaii and Hayti, in view +of their relations to the American system of states. + +I also recommend that timely provision be made for extending to Hawaii +an invitation to be represented in the international conference now +sitting at this capital. + +Our relations with China have the attentive consideration which their +magnitude and interest demand. The failure of the treaty negotiated +under the Administration of my predecessor for the further and more +complete restriction of Chinese labor immigration, and with it the +legislation of the last session of Congress dependent thereon, leaves +some questions open which Congress should now approach in that wise and +just spirit which should characterize the relations of two great and +friendly powers. While our supreme interests demand the exclusion of +a laboring element which experience has shown to be incompatible with +our social life, all steps to compass this imperative need should be +accompanied with a recognition of the claim of those strangers now +lawfully among us to humane and just treatment. + +The accession of the young Emperor of China marks, we may hope, an era +of progress and prosperity for the great country over which he is called +to rule. + +The present state of affairs in respect to the Samoan Islands is +encouraging. The conference which was held in this city in the summer +of 1887 between the representatives of the United States, Germany, and +Great Britain having been adjourned because of the persistent divergence +of views which was developed in its deliberations, the subsequent course +of events in the islands gave rise to questions of a serious character. +On the 4th of February last the German minister at this capital, in +behalf of his Government, proposed a resumption of the conference at +Berlin. This proposition was accepted, as Congress in February last was +informed. + +Pursuant to the understanding thus reached, commissioners were appointed +by me, by and with the advice and consent of the Senate, who proceeded +to Berlin, where the conference was renewed. The deliberations extended +through several weeks, and resulted in the conclusion of a treaty which +will be submitted to the Senate for its approval. I trust that the +efforts which have been made to effect an adjustment of this question +will be productive of the permanent establishment of law and order in +Samoa upon the basis of the maintenance of the rights and interests of +the natives as well as of the treaty powers. + +The questions which have arisen during the past few years between Great +Britain and the United States are in abeyance or in course of amicable +adjustment. + +On the part of the government of the Dominion of Canada an effort has +been apparent during the season just ended to administer the laws and +regulations applicable to the fisheries with as little occasion for +friction as was possible, and the temperate representations of this +Government in respect of cases of undue hardship or of harsh +interpretations have been in most cases met with measures of transitory +relief. It is trusted that the attainment of our just rights under +existing treaties and in virtue of the concurrent legislation of the two +contiguous countries will not be long deferred and that all existing +causes of difference may be equitably adjusted. + +I recommend that provision be made by an international agreement for +visibly marking the water boundary between the United States and Canada +in the narrow channels that join the Great Lakes. The conventional line +therein traced by the northwestern boundary survey years ago is not in +all cases readily ascertainable for the settlement of jurisdictional +questions. + +A just and acceptable enlargement of the list of offenses for which +extradition may be claimed and granted is most desirable between this +country and Great Britain. The territory of neither should become a +secure harbor for the evil doers of the other through any avoidable +shortcoming in this regard. A new treaty on this subject between the two +powers has been recently negotiated and will soon be laid before the +Senate. + +The importance of the commerce of Cuba and Puerto Rico with the United +States, their nearest and principal market, justifies the expectation +that the existing relations may be beneficially expanded. The +impediments resulting from varying dues on navigation and from the +vexatious treatment of our vessels on merely technical grounds of +complaint in West India ports should be removed. + +The progress toward an adjustment of pending claims between the United +States and Spain is not as rapid as could be desired. + +Questions affecting American interests in connection with railways +constructed and operated by our citizens in Peru have claimed the +attention of this Government. It is urged that other governments in +pressing Peru to the payment of their claims have disregarded the +property rights of American citizens. The matter will be carefully +investigated with a view to securing a proper and equitable adjustment. + +A similar issue is now pending with Portugal. The Delagoa Bay Railway, +in Africa, was constructed under a concession by Portugal to an American +citizen. When nearly completed the road was seized by the agents of the +Portuguese Government. Formal protest has been made through our minister +at Lisbon against this act, and no proper effort will be spared to +secure proper relief. + +In pursuance of the charter granted by Congress and under the terms of +its contract with the Government of Nicaragua the Interoceanic Canal +Company has begun the construction of the important waterway between the +two oceans which its organization contemplates. Grave complications for +a time seemed imminent, in view of a supposed conflict of jurisdiction +between Nicaragua and Costa Rica in regard to the accessory privileges +to be conceded by the latter Republic toward the construction of works +on the San Juan River, of which the right bank is Costa Rican territory. +I am happy to learn that a friendly arrangement has been effected +between the two nations. This Government has held itself ready to +promote in every proper way the adjustment of all questions that might +present obstacles to the completion of a work of such transcendent +importance to the commerce of this country, and, indeed, to the +commercial interests of the world. + +The traditional good feeling between this country and the French +Republic has received additional testimony in the participation of +our Government and people in the international exposition held at +Paris during the past summer. The success of our exhibitors has been +gratifying. The report of the commission will be laid before Congress +in due season. + +This Government has accepted, under proper reserve as to its policy in +foreign territories, the invitation of the Government of Belgium to take +part in an international congress, which opened at Brussels on the 16th +of November, for the purpose of devising measures to promote the +abolition of the slave trade in Africa and to prevent the shipment of +slaves by sea. Our interest in the extinction of this crime against +humanity in the regions where it yet survives has been increased by the +results of emancipation within our own borders. + +With Germany the most cordial relations continue. The questions arising +from the return to the Empire of Germans naturalized in this country are +considered and disposed of in a temperate spirit to the entire +satisfaction of both Governments. + +It is a source of great satisfaction that the internal disturbances of +the Republic of Hayti are at last happily ended, and that an apparently +stable government has been constituted. It has been duly recognized by +the United States. + +A mixed commission is now in session in this capital for the settlement +of long-standing claims against the Republic of Venezuela, and it is +hoped that a satisfactory conclusion will be speedily reached. This +Government has not hesitated to express its earnest desire that the +boundary dispute now pending between Great Britain and Venezuela may be +adjusted amicably and in strict accordance with the historic title of +the parties. + +The advancement of the Empire of Japan has been evidenced by the recent +promulgation of a new constitution, containing valuable guaranties of +liberty and providing for a responsible ministry to conduct the +Government. + +It is earnestly recommended that our judicial rights and processes in +Korea be established on a firm basis by providing the machinery +necessary to carry out treaty stipulations in that regard. + +The friendliness of the Persian Government continues to be shown by its +generous treatment of Americans engaged in missionary labors and by the +cordial disposition of the Shah to encourage the enterprise of our +citizens in the development of Persian resources. + +A discussion is in progress touching the jurisdictional treaty rights of +the United States in Turkey. An earnest effort will be made to define +those rights to the satisfaction of both Governments. + +Questions continue to arise in our relations with several countries in +respect to the rights of naturalized citizens. Especially is this the +case with France, Italy, Russia, and Turkey, and to a less extent with +Switzerland. From time to time earnest efforts have been made to +regulate this subject by conventions with those countries. An improper +use of naturalization should not be permitted, but it is most important +that those who have been duly naturalized should everywhere be accorded +recognition of the rights pertaining to the citizenship of the country +of their adoption. The appropriateness of special conventions for that +purpose is recognized in treaties which this Government has concluded +with a number of European States, and it is advisable that the +difficulties which now arise in our relations with other countries on +the same subject should be similarly adjusted. + +The recent revolution in Brazil in favor of the establishment of a +republican form of government is an event of great interest to the +United States. Our minister at Rio de Janeiro was at once instructed to +maintain friendly diplomatic relations with the Provisional Government, +and the Brazilian representatives at this capital were instructed by +the Provisional Government to continue their functions. Our friendly +intercourse with Brazil has therefore suffered no interruption. + +Our minister has been further instructed to extend on the part of this +Government a formal and cordial recognition of the new Republic so soon +as the majority of the people of Brazil shall have signified their +assent to its establishment and maintenance. + +Within our own borders a general condition of prosperity prevails. The +harvests of the last summer were exceptionally abundant, and the trade +conditions now prevailing seem to promise a successful season to the +merchant and the manufacturer and general employment to our working +people. + +The report of the Secretary of the Treasury for the fiscal year ending +June 30, 1889, has been prepared and will be presented to Congress. +It presents with clearness the fiscal operations of the Government, and +I avail myself of it to obtain some facts for use here. + +The aggregate receipts from all sources for the year were +$387,050,058.84, derived as follows: + + From customs $223,832,741.69 + From internal revenue 130,881,513.92 + From miscellaneous sources 32,335,803.23 + + +The ordinary expenditures for the same period were $281,996,615.60, +and the total expenditures, including the sinking fund, were +$329,579,929.25. The excess of receipts over expenditures was, after +providing for the sinking fund, $57,470,129.59. + +For the current fiscal year the total revenues, actual and estimated, +are $385,000,000, and the ordinary expenditures, actual and estimated, +are $293,000,000, making with the sinking fund a total expenditure of +$341,321,116.99, leaving an estimated surplus of $43,678,883.01. + +During the fiscal year there was applied to the purchase of bonds, in +addition to those for the sinking fund, $90,456,172.35, and during the +first quarter of the current year the sum of $37,838,937.77, all of +which were credited to the sinking fund. The revenues for the fiscal +year ending June 30, 1891, are estimated by the Treasury Department at +$385,000,000, and the expenditures for the same period, including the +sinking fund, at $341,430,477.70. This shows an estimated surplus for +that year of $43,569,522.30, which is more likely to be increased than +reduced when the actual transactions are written up. + +The existence of so large an actual and anticipated surplus should +have the immediate attention of Congress, with a view to reducing the +receipts of the Treasury to the needs of the Government as closely as +may be. The collection of moneys not needed for public uses imposes an +unnecessary burden upon our people, and the presence of so large a +surplus in the public vaults is a disturbing element in the conduct +of private business. It has called into use expedients for putting +it into circulation of very questionable propriety. We should not +collect revenue for the purpose of anticipating our bonds beyond the +requirements of the sinking fund, but any unappropriated surplus in the +Treasury should be so used, as there is no other lawful way of returning +the money to circulation, and the profit realized by the Government +offers a substantial advantage. + +The loaning of public funds to the banks without interest upon the +security of Government bonds I regard as an unauthorized and dangerous +expedient. It results in a temporary and unnatural increase of the +banking capital of favored localities and compels a cautious and gradual +recall of the deposits to avoid injury to the commercial interests. It +is not to be expected that the banks having these deposits will sell +their bonds to the Treasury so long as the present highly beneficial +arrangement is continued. They now practically get interest both upon +the bonds and their proceeds. No further use should be made of this +method of getting the surplus into circulation, and the deposits now +outstanding should be gradually withdrawn and applied to the purchase of +bonds. It is fortunate that such a use can be made of the existing +surplus, and for some time to come of any casual surplus that may exist +after Congress has taken the necessary steps for a reduction of the +revenue. Such legislation should be promptly but very considerately +enacted. + +I recommend a revision of our tariff law both in its administrative +features and in the schedules. The need of the former is generally +conceded, and an agreement upon the evils and inconveniences to be +remedied and the best methods for their correction will probably not be +difficult. Uniformity of valuation at all our ports is essential, and +effective measures should be taken to secure it. It is equally desirable +that questions affecting rates and classifications should be promptly +decided. + +The preparation of a new schedule of customs duties is a matter of great +delicacy because of its direct effect upon the business of the country, +and of great difficulty by reason of the wide divergence of opinion as +to the objects that may properly be promoted by such legislation. Some +disturbance of business may perhaps result from the consideration of +this subject by Congress, but this temporary ill effect will be reduced +to the minimum by prompt action and by the assurance which the country +already enjoys that any necessary changes will be so made as not to +impair the just and reasonable protection of our home industries. The +inequalities of the law should be adjusted, but the protective principle +should be maintained and fairly applied to the products of our farms as +well as of our shops. These duties necessarily have relation to other +things besides the public revenues. We can not limit their effects by +fixing our eyes on the public Treasury alone. They have a direct +relation to home production, to work, to wages, and to the commercial +independence of our country, and the wise and patriotic legislator +should enlarge the field of his vision to include all of these. The +necessary reduction in our public revenues can, I am sure, be made +without making the smaller burden more onerous than the larger by reason +of the disabilities and limitations which the process of reduction puts +upon both capital and labor. The free list can very safely be extended +by placing thereon articles that do not offer injurious competition to +such domestic products as our home labor can supply. The removal of the +internal tax upon tobacco would relieve an important agricultural +product from a burden which was imposed only because our revenue from +customs duties was insufficient for the public needs. If safe provision +against fraud can be devised, the removal of the tax upon spirits used +in the arts and in manufactures would also offer an unobjectionable +method of reducing the surplus. + +A table presented by the Secretary of the Treasury showing the amount +of money of all kinds in circulation each year from 1878 to the present +time is of interest. It appears that the amount of national-bank notes +in circulation has decreased during that period $114,109,729, of which +$37,799,229 is chargeable to the last year. The withdrawal of bank +circulation will necessarily continue under existing conditions. It is +probable that the adoption of the suggestions made by the Comptroller +of the Currency, namely, that the minimum deposit of bonds for the +establishment of banks be reduced and that an issue of notes to the +par value of the bonds be allowed, would help to maintain the bank +circulation. But while this withdrawal of bank notes has been going on +there has been a large increase in the amount of gold and silver coin in +circulation and in the issues of gold and silver certificates. + +The total amount of money of all kinds in circulation on March 1, +1878, was $805,793,807, while on October 1, 1889, the total was +$1,405,018,000. There was an increase of $293,417,552 in gold coin, +of $57,554,100 in standard silver dollars, of $72,311,249 in gold +certificates, of $276,619,715 in silver certificates, and of $14,073,787 +in United States notes, making a total of $713,976,403. There was during +the same period a decrease of $114,109,729 in bank circulation and of +$642,481 in subsidiary silver. The net increase was $599,224,193. The +circulation per capita has increased about $5 during the time covered by +the table referred to. + +The total coinage of silver dollars was on November 1, 1889, +$343,638,001, of which $283,539,521 were in the Treasury vaults and +$60,098,480 were in circulation. Of the amount in the vaults +$277,319,944 were represented by outstanding silver certificates, +leaving $6,219,577 not in circulation and not represented by +certificates. + +The law requiring the purchase by the Treasury of $2,000,000 worth of +silver bullion each month, to be coined into silver dollars of 412-1/2 +grains, has been observed by the Department, but neither the present +Secretary nor any of his predecessors has deemed it safe to exercise the +discretion given by law to increase the monthly purchases to $4,000,000. +When the law was enacted (February 28, 1878) the price of silver in the +market was $1.204 Per ounce, making the bullion value of the dollar 93 +cents. Since that time the price has fallen as low as 91.2 cents per +ounce, reducing the bullion value of the dollar to 70.6 cents. Within +the last few months the market price has somewhat advanced, and on the +1st day of November last the bullion value of the silver dollar was 72 +cents. + +The evil anticipations which have accompanied the coinage and use of the +silver dollar have not been realized. As a coin it has not had general +use, and the public Treasury has been compelled to store it. But this +is manifestly owing to the fact that its paper representative is more +convenient. The general acceptance and the use of the silver certificate +show that silver has not been otherwise discredited. Some favorable +conditions have contributed to maintain this practical equality in their +commercial use between the gold and silver dollars; but some of these +are trade conditions that statutory enactments do not control and of the +continuance of which we can not be certain. + +I think it is clear that if we should make the coinage of silver at the +present ratio free we must expect that the difference in the bullion +values of the gold and silver dollars will be taken account of in +commercial transactions; and I fear the same result would follow any +considerable increase of the present rate of coinage. Such a result +would be discreditable to our financial management and disastrous to all +business interests. We should not tread the dangerous edge of such a +peril. And, indeed, nothing more harmful could happen to the silver +interests. Any safe legislation upon this subject must secure the +equality of the two coins in their commercial uses. + +I have always been an advocate of the use of silver in our currency. +We are large producers of that metal, and should not discredit it. To +the plan which will be presented by the Secretary of the Treasury for +the issuance of notes or certificates upon the deposit of silver bullion +at its market value I have been able to give only a hasty examination, +owing to the press of other matters and to the fact that it has been +so recently formulated. The details of such a law require careful +consideration, but the general plan suggested by him seems to satisfy +the purpose--to continue the use of silver in connection with our +currency and at the same time to obviate the danger of which I have +spoken. At a later day I may communicate further with Congress upon this +subject. + +The enforcement of the Chinese exclusion act has been found to be very +difficult on the northwestern frontier. Chinamen landing at Victoria +find it easy to pass our border, owing to the impossibility with the +force at the command of the customs officers of guarding so long an +inland line. The Secretary of the Treasury has authorized the employment +of additional officers, who will be assigned to this duty, and every +effort will be made to enforce the law. The Dominion exacts a head tax +of $50 for each Chinaman landed, and when these persons, in fraud of our +law, cross into our territory and are apprehended our officers do not +know what to do with them, as the Dominion authorities will not suffer +them to be sent back without a second payment of the tax. An effort will +be made to reach an understanding that will remove this difficulty. + +The proclamation required by section 3 of the act of March 2, 1889, +relating to the killing of seals and other fur-bearing animals, was +issued by me on the 21st day of March,[2] and a revenue vessel was +dispatched to enforce the laws and protect the interests of the United +States. The establishment of a refuge station at Point Barrow, as +directed by Congress, was successfully accomplished. + +Judged by modern standards, we are practically without coast defenses. +Many of the structures we have would enhance rather than diminish the +perils of their garrisons if subjected to the fire of improved guns, and +very few are so located as to give full effect to the greater range of +such guns as we are now making for coast-defense uses. This general +subject has had consideration in Congress for some years, and the +appropriation for the construction of large rifled guns made one year +ago was, I am sure, the expression of a purpose to provide suitable +works in which these guns might be mounted. An appropriation now made +for that purpose would not advance the completion of the works beyond +our ability to supply them with fairly effective guns. + +The security of our coast cities against foreign attacks should not rest +altogether in the friendly disposition of other nations. There should be +a second line wholly in our own keeping. I very urgently recommend an +appropriation at this session for the construction of such works in our +most exposed harbors. + +I approve the suggestion of the Secretary of War that provision be made +for encamping companies of the National Guard in our coast works for +a specified time each year and for their training in the use of heavy +guns. His suggestion that an increase of the artillery force of the Army +is desirable is also, in this connection, commended to the consideration +of Congress. + +The improvement of our important rivers and harbors should be promoted +by the necessary appropriations. Care should be taken that the +Government is not committed to the prosecution of works not of public +and general advantage and that the relative usefulness of works of that +class is not overlooked. So far as this work can ever be said to be +completed, I do not doubt that the end would be sooner and more +economically reached if fewer separate works were undertaken at the same +time, and those selected for their greater general interest were more +rapidly pushed to completion. A work once considerably begun should not +be subjected to the risks and deterioration which interrupted or +insufficient appropriations necessarily occasion. + +The assault made by David S. Terry upon the person of Justice Field, +of the Supreme Court of the United States, at Lathrop, Cal., in August +last, and the killing of the assailant by a deputy United States marshal +who had been deputed to accompany Justice Field and to protect him from +anticipated violence at the hands of Terry, in connection with the legal +proceedings which have followed, suggest questions which, in my +judgment, are worthy of the attention of Congress. + +I recommend that more definite provision be made by law not only for the +protection of Federal officers, but for a full trial of such cases in +the United States courts. In recommending such legislation I do not at +all impeach either the general adequacy of the provision made by the +State laws for the protection of all citizens or the general good +disposition of those charged with the execution of such laws to give +protection to the officers of the United States. The duty of protecting +its officers, as such, and of punishing those who assault them on +account of their official acts should not be devolved expressly or by +acquiescence upon the local authorities. + +Events which have been brought to my attention happening in other +parts of the country have also suggested the propriety of extending by +legislation fuller protection to those who may be called as witnesses in +the courts of the United States. The law compels those who are supposed +to have knowledge of public offenses to attend upon our courts and grand +juries and to give evidence. There is a manifest resulting duty that +these witnesses shall be protected from injury on account of their +testimony. The investigations of criminal offenses are often rendered +futile and the punishment of crime impossible by the intimidation of +witnesses. + +The necessity of providing some more speedy method for disposing of the +cases which now come for final adjudication to the Supreme Court becomes +every year more apparent and urgent. The plan of providing some +intermediate courts having final appellate jurisdiction of certain +classes of questions and cases has, I think, received a more general +approval from the bench and bar of the country than any other. Without +attempting to discuss details, I recommend that provision be made for +the establishment of such courts. + +The salaries of the judges of the district courts in many of the +districts are, in my judgment, inadequate. I recommend that all such +salaries now below $5,000 per annum be increased to that amount. It is +quite true that the amount of labor performed by these judges is very +unequal, but as they can not properly engage in other pursuits to +supplement their incomes the salary should be such in all cases as to +provide an independent and comfortable support. + +Earnest attention should be given by Congress to a consideration of the +question how far the restraint of those combinations of capital commonly +called "trusts" is matter of Federal jurisdiction. When organized, as +they often are, to crush out all healthy competition and to monopolize +the production or sale of an article of commerce and general necessity, +they are dangerous conspiracies against the public good, and should be +made the subject of prohibitory and even penal legislation. + +The subject of an international copyright has been frequently commended +to the attention of Congress by my predecessors. The enactment of such a +law would be eminently wise and just. + +Our naturalization laws should be so revised as to make the inquiry into +the moral character and good disposition toward our Government of the +persons applying for citizenship more thorough. This can only be done +by taking fuller control of the examination, by fixing the times for +hearing such applications, and by requiring the presence of some one who +shall represent the Government in the inquiry. Those who are the avowed +enemies of social order or who come to our shores to swell the injurious +influence and to extend the evil practices of any association that +defies our laws should not only be denied citizenship, but a domicile. + +The enactment of a national bankrupt law of a character to be a +permanent part of our general legislation is desirable. It should be +simple in its methods and inexpensive in its administration. + +The report of the Postmaster-General not only exhibits the operations +of the Department for the last fiscal year, but contains many valuable +suggestions for the improvement and extension of the service, which are +commended to your attention. No other branch of the Government has so +close a contact with the daily life of the people. Almost everyone uses +the service it offers, and every hour gained in the transmission of the +great commercial mails has an actual and possible value that only those +engaged in trade can understand. + +The saving of one day in the transmission of the mails between New York +and San Francisco, which has recently been accomplished, is an incident +worthy of mention. + +The plan suggested of a supervision of the post-offices in separate +districts that shall involve instruction and suggestion and a rating +of the efficiency of the postmasters would, I have no doubt, greatly +improve the service. + +A pressing necessity exists for the erection of a building for the joint +use of the Department and of the city post-office. The Department was +partially relieved by renting outside quarters for a part of its force, +but it is again overcrowded. The building used by the city office never +was fit for the purpose, and is now inadequate and unwholesome. + +The unsatisfactory condition of the law relating to the transmission +through the mails of lottery advertisements and remittances is clearly +stated by the Postmaster-General, and his suggestion as to amendments +should have your favorable consideration. + +The report of the Secretary of the Navy shows a reorganization of the +bureaus of the Department that will, I do not doubt, promote the +efficiency of each. + +In general, satisfactory progress has been made in the construction of +the new ships of war authorized by Congress. The first vessel of the new +Navy, the _Dolphin_, was subjected to very severe trial tests and to +very much adverse criticism; but it is gratifying to be able to state +that a cruise around the world, from which she has recently returned, +has demonstrated that she is a first-class vessel of her rate. + +The report of the Secretary shows that while the effective force of the +Navy is rapidly increasing by reason of the improved build and armament +of the new ships, the number of our ships fit for sea duty grows very +slowly. We had on the 4th of March last 37 serviceable ships, and though +4 have since been added to the list, the total has not been increased, +because in the meantime 4 have been lost or condemned. Twenty-six +additional vessels have been authorized and appropriated for; but it is +probable that when they are completed our list will only be increased to +42--a gain of 5. The old wooden-ships are disappearing almost as fast as +the new vessels are added. These facts carry their own argument. One of +the new ships may in fighting strength be equal to two of the old, but +it can not do the cruising duty of two. It is important, therefore, that +we should have a more rapid increase in the number of serviceable ships. +I concur in the recommendation of the Secretary that the construction of +8 armored ships, 3 gunboats, and 5 torpedo boats be authorized. + +An appalling calamity befell three of our naval vessels on duty at the +Samoan Islands, in the harbor of Apia, in March last, involving the +loss of 4 officers and 47 seamen, of two vessels, the _Trenton_ and the +_Vandalia_, and the disabling of a third, the _Nipsic_. Three vessels of +the German navy, also in the harbor, shared with our ships the force of +the hurricane and suffered even more heavily. While mourning the brave +officers and men who died facing with high resolve perils greater than +those of battle, it is most gratifying to state that the credit of the +American Navy for seamanship, courage, and generosity was magnificently +sustained in the storm-beaten harbor of Apia. + +The report of the Secretary of the Interior exhibits the transactions +of the Government with the Indian tribes. Substantial progress has been +made in the education of the children of school age and in the allotment +of lands to adult Indians. It is to be regretted that the policy of +breaking up the tribal relation and of dealing with the Indian as an +individual did not appear earlier in our legislation. Large reservations +held in common and the maintenance of the authority of the chiefs and +headmen have deprived the individual of every incentive to the exercise +of thrift, and the annuity has contributed an affirmative impulse toward +a state of confirmed pauperism. + +Our treaty stipulations should be observed with fidelity and our +legislation should be highly considerate of the best interests of +an ignorant and helpless people. The reservations are now generally +surrounded by white settlements. We can no longer push the Indian back +into the wilderness, and it remains only by every suitable agency to +push him upward into the estate of a self-supporting and responsible +citizen. For the adult the first step is to locate him upon a farm, +and for the child to place him in a school. + +School attendance should be promoted by every moral agency, and those +failing should be compelled. The national schools for Indians have been +very successful and should be multiplied, and as far as possible should +be so organized and conducted as to facilitate the transfer of the +schools to the States or Territories in which they are located when the +Indians in a neighborhood have accepted citizenship and have become +otherwise fitted for such a transfer. This condition of things will be +attained slowly, but it will be hastened by keeping it in mind; and in +the meantime that cooperation between the Government and the mission +schools which has wrought much good should be cordially and impartially +maintained. + +The last Congress enacted two distinct laws relating to negotiations +with the Sioux Indians of Dakota for a relinquishment of a portion of +their lands to the United States and for dividing the remainder into +separate reservations. Both were approved on the same day--March 2. +The one submitted to the Indians a specific proposition; the other +(section 3 of the Indian appropriation act) authorized the President +to appoint three commissioners to negotiate with these Indians for +the accomplishment of the same general purpose, and required that any +agreements made should be submitted to Congress for ratification. + +On the 16th day of April last I appointed Hon. Charles Foster, of Ohio, +Hon. William Warner, of Missouri, and Major-General George Crook, of the +United States Army, commissioners under the last-named law. They were, +however, authorized and directed first to submit to the Indians the +definite proposition made to them by the act first mentioned, and only +in the event of a failure to secure the assent of the requisite number +to that proposition to open negotiations for modified terms under the +other act. The work of the commission was prolonged and arduous, but the +assent of the requisite number was, it is understood, finally obtained +to the proposition made by Congress, though the report of the commission +has not yet been submitted. In view of these facts, I shall not, as at +present advised, deem it necessary to submit the agreement to Congress +for ratification, but it will in due course be submitted for +information. This agreement releases to the United States about +9,000,000 acres of land. + +The commission provided for by section 14 of the Indian appropriation +bill to negotiate with the Cherokee Indians and all other Indians owning +or claiming lands lying west of the ninety-sixth degree of longitude for +the cession to the United States of all such lands was constituted by +the appointment of Hon. Lucius Fairchild, of Wisconsin, Hon. John F. +Hartranft, of Pennsylvania, and Hon. Alfred M. Wilson, of Arkansas, +and organized on June 29 last. Their first conference with the +representatives of the Cherokees was held at Tahlequah July 29, with +no definite results. General John F. Hartranft, of Pennsylvania, was +prevented by ill health from taking part in the conference. His death, +which occurred recently, is justly and generally lamented by a people he +had served with conspicuous gallantry in war and with great fidelity in +peace. The vacancy thus created was filled by the appointment of Hon. +Warren G. Sayre, of Indiana. + +A second conference between the commission and the Cherokees was begun +November 6, but no results have yet been obtained, nor is it believed +that a conclusion can be immediately expected. The cattle syndicate now +occupying the lands for grazing purposes is clearly one of the agencies +responsible for the obstruction of our negotiations with the Cherokees. +The large body of agricultural lands constituting what is known as the +"Cherokee Outlet" ought not to be, and, indeed, can not long be, held +for grazing and for the advantage of a few against the public interests +and the best advantage of the Indians themselves. The United States +has now under the treaties certain rights in these lands. These will +not be used oppressively, but it can not be allowed that those who by +sufferance occupy these lands shall interpose to defeat the wise and +beneficent purposes of the Government. I can not but believe that the +advantageous character of the offer made by the United States to the +Cherokee Nation for a full release of these lands as compared with other +suggestions now made to them will yet obtain for it a favorable +consideration. + +Under the agreement made between the United States and the Muscogee (or +Creek) Nation of Indians on the 19th day of January, 1889, an absolute +title was secured by the United States to about 3,500,000 acres of land. +Section 12 of the general Indian appropriation act approved March 2, +1889, made provision for the purchase by the United States from the +Seminole tribe of a certain portion of their lands. The delegates of the +Seminole Nation, having first duly evidenced to me their power to act +in that behalf, delivered a proper release or conveyance to the United +States of all the lands mentioned in the act, which was accepted by +me and certified to be in compliance with the statute. + +By the terms of both the acts referred to all the lands so purchased +were declared to be a part of the public domain and open to settlement +under the homestead law. But of the lands embraced in these purchases, +being in the aggregate about 5,500,000 acres, 3,500,000 acres had +already, under the terms of the treaty of 1866, been acquired by the +United States for the purpose of settling other Indian tribes thereon +and had been appropriated to that purpose. The land remaining and +available for settlement consisted of 1,887,796 acres, surrounded on all +sides by lands in the occupancy of Indian tribes. Congress had provided +no civil government for the people who were to be invited by my +proclamation to settle upon these lands, except as the new court which +had been established at Muscogee or the United States courts in some of +the adjoining States had power to enforce the general laws of the United +States. + +In this condition of things I was quite reluctant to open the lands to +settlement; but in view of the fact that several thousand persons, many +of them with their families, had gathered upon the borders of the Indian +Territory with a view to securing homesteads on the ceded lands, and +that delay would involve them in much loss and suffering, I did on the +23d day of March last issue a proclamation[3] declaring that the lands +therein described would be open to settlement under the provisions of +the law on the 22d day of April following at 12 o'clock noon. Two land +districts had been established and the offices were opened for the +transaction of business when the appointed time arrived. + +It is much to the credit of the settlers that they very generally +observed the limitation as to the time when they might enter the +Territory. Care will be taken that those who entered in violation of the +law do not secure the advantage they unfairly sought. There was a good +deal of apprehension that the strife for locations would result in much +violence and bloodshed, but happily these anticipations were not +realized. It is estimated that there are now in the Territory about +60,000 people, and several considerable towns have sprung up, for which +temporary municipal governments have been organized. Guthrie is said to +have now a population of almost 8,000. Eleven schools and nine churches +have been established, and three daily and five weekly newspapers are +published in this city, whose charter and ordinances have only the +sanction of the voluntary acquiescence of the people from day to day. + +Oklahoma City has a population of about 5,000, and is proportionately as +well provided as Guthrie with churches, schools, and newspapers. Other +towns and villages having populations of from 100 to 1,000 are scattered +over the Territory. + +In order to secure the peace of this new community in the absence of +civil government, I directed General Merritt, commanding the Department +of the Missouri, to act in conjunction with the marshals of the United +States to preserve the peace, and upon their requisition to use the +troops to aid them in executing warrants and in quieting any riots or +breaches of the peace that might occur. He was further directed to use +his influence to promote good order and to avoid any conflicts between +or with the settlers. Believing that the introduction and sale of +liquors where no legal restraints or regulations existed would endanger +the public peace, and in view of the fact that such liquors must first +be introduced into the Indian reservations before reaching the white +settlements, I further directed the general commanding to enforce the +laws relating to the introduction of ardent spirits into the Indian +country. + +The presence of the troops has given a sense of security to the +well-disposed citizens and has tended to restrain the lawless. In one +instance the officer in immediate command of the troops went further +than I deemed justifiable in supporting the _de facto_ municipal +government of Guthrie, and he was so informed, and directed to limit the +interference of the military to the support of the marshals on the lines +indicated in the original order. I very urgently recommend that Congress +at once provide a Territorial government for these people. Serious +questions, which may at any time lead to violent outbreaks, are awaiting +the institution of courts for their peaceful adjustment. The American +genius for self-government has been well illustrated in Oklahoma; but it +is neither safe nor wise to leave these people longer to the expedients +which have temporarily served them. + +Provision should be made for the acquisition of title to town lots in +the towns now established in Alaska, for locating town sites, and for +the establishment of municipal governments. Only the mining laws have +been extended to that Territory, and no other form of title to lands can +now be obtained. The general land laws were framed with reference to the +disposition of agricultural lands, and it is doubtful if their operation +in Alaska would be beneficial. + +We have fortunately not extended to Alaska the mistaken policy of +establishing reservations for the Indian tribes, and can deal with them +from the beginning as individuals with, I am sure, better results; but +any disposition of the public lands and any regulations relating to +timber and to the fisheries should have a kindly regard to their +interests. Having no power to levy taxes, the people of Alaska are +wholly dependent upon the General Government, to whose revenues the +seal fisheries make a large annual contribution. An appropriation for +education should neither be overlooked nor stinted. + +The smallness of the population and the great distances between the +settlements offer serious obstacles to the establishment of the usual +Territorial form of government. Perhaps the organization of several +sub-districts with a small municipal council of limited powers for each +would be safe and useful. + +Attention is called in this connection to the suggestions of the +Secretary of the Treasury relating to the establishment of another port +of entry in Alaska and of other needed customs facilities and +regulations. + +In the administration of the land laws the policy of facilitating in +every proper way the adjustment of the honest claims of individual +settlers upon the public lands has been pursued. The number of pending +cases had during the preceding Administration been greatly increased +under the operation of orders for a time suspending final action in a +large part of the cases originating in the West and Northwest, and by +the subsequent use of unusual methods of examination. Only those who are +familiar with the conditions under which our agricultural lands have +been settled can appreciate the serious and often fatal consequences to +the settler of a policy that puts his title under suspicion or delays +the issuance of his patent. While care is taken to prevent and to expose +fraud, it should not be imputed without reason. + +The manifest purpose of the homestead and preemption laws was to promote +the settlement of the public domain by persons having a _bona fide_ +intent to make a home upon the selected lands. Where this intent is well +established and the requirements of the law have been substantially +complied with, the claimant is entitled to a prompt and friendly +consideration of his case; but where there is reason to believe that +the claimant is the mere agent of another who is seeking to evade a law +intended to promote small holdings and to secure by fraudulent methods +large tracts of timber and other lands, both principal and agent should +not only be thwarted in their fraudulent purpose, but should be made to +feel the full penalties of our criminal statutes. The laws should be so +administered as not to confound these two classes and to visit penalties +only upon the latter. + +The unsettled state of the titles to large bodies of lands in the +Territories of New Mexico and Arizona has greatly retarded the +development of those Territories. Provision should be made by law for +the prompt trial and final adjustment before a judicial tribunal or +commission of all claims based upon Mexican grants. It is not just to an +intelligent and enterprising people that their peace should be disturbed +and their prosperity retarded by these old contentions. I express the +hope that differences of opinion as to methods may yield to the urgency +of the case. + +The law now provides a pension for every soldier and sailor who was +mustered into the service of the United States during the Civil War and +is now suffering from wounds or disease having an origin in the service +and in the line of duty. Two of the three necessary facts, viz, muster +and disability, are usually susceptible of easy proof; but the third, +origin in the service, is often difficult and in many deserving cases +impossible to establish. That very many of those who endured the +hardships of our most bloody and arduous campaigns are now disabled from +diseases that had a real but not traceable origin in the service I do +not doubt. Besides these there is another class composed of men many of +whom served an enlistment of three full years and of reenlisted veterans +who added a fourth year of service, who escaped the casualties of battle +and the assaults of disease, who were always ready for any detail, who +were in every battle line of their command, and were mustered out in +sound health, and have since the close of the war, while fighting with +the same indomitable and independent spirit the contests of civil life, +been overcome by disease or casualty. + +I am not unaware that the pension roll already involves a very large +annual expenditure; neither am I deterred by that fact from recommending +that Congress grant a pension to such honorably discharged soldiers and +sailors of the Civil War as, having rendered substantial service during +the war, are now dependent upon their own labor for a maintenance and by +disease or casualty are incapacitated from earning it. Many of the men +who would be included in this form of relief are now dependent upon +public aid, and it does not, in my judgment, consist with the national +honor that they shall continue to subsist upon the local relief given +indiscriminately to paupers instead of upon the special and generous +provision of the nation they served so gallantly and unselfishly. Our +people will, I am sure, very generally approve such legislation. And I +am equally sure that the survivors of the Union Army and Navy will feel +a grateful sense of relief when this worthy and suffering class of their +comrades is fairly cared for. + +There are some manifest inequalities in the existing law that should be +remedied. To some of these the Secretary of the Interior has called +attention. + +It is gratifying to be able to state that by the adoption of new and +better methods in the War Department the calls of the Pension Office for +information as to the military and hospital records of pension claimants +are now promptly answered and the injurious and vexatious delays that +have heretofore occurred are entirely avoided. This will greatly +facilitate the adjustment of all pending claims. + +The advent of four new States--South Dakota, North Dakota, Montana, and +Washington--into the Union under the Constitution in the same month, +and the admission of their duly chosen representatives to our National +Congress at the same session, is an event as unexampled as it is +interesting. + +The certification of the votes cast and of the constitutions adopted in +each of the States was filed with me, as required by the eighth section +of the act of February 22, 1889, by the governors of said Territories, +respectively. Having after a careful examination found that the several +constitutions and governments were republican in form and not repugnant +to the Constitution of the United States, that all the provisions of the +act of Congress had been complied with, and that a majority of the votes +cast in each of said proposed States was in favor of the adoption of +the constitution submitted therein, I did so declare by a separate +proclamation as to each--as to North Dakota and South Dakota on +Saturday, November 2;[4] as to Montana on Friday, November 8,[5] and as +to Washington on Monday, November 11.[6] + +Each of these States has within it resources the development of which +will employ the energies of and yield a comfortable subsistence to a +great population. The smallest of these new States, Washington, stands +twelfth, and the largest, Montana, third, among the forty-two in area. +The people of these States are already well-trained, intelligent, and +patriotic American citizens, having common interests and sympathies with +those of the older States and a common purpose to defend the integrity +and uphold the honor of the nation. + +The attention of the Interstate Commerce Commission has been called to +the urgent need of Congressional legislation for the better protection +of the lives and limbs of those engaged in operating the great +interstate freight lines of the country, and especially of the yardmen +and brakemen. A petition signed by nearly 10,000 railway brakemen was +presented to the Commission asking that steps might be taken to bring +about the use of automatic brakes and couplers on freight cars. + +At a meeting of State railroad commissioners and their accredited +representatives held at Washington in March last upon the invitation of +the Interstate Commerce Commission a resolution was unanimously adopted +urging the Commission "to consider what can be done to prevent the loss +of life and limb in coupling and uncoupling freight cars and in handling +the brakes of such cars." During the year ending June 30, 1888, over +2,000 railroad employees were killed in service and more than 20,000 +injured. It is competent, I think, for Congress to require uniformity +in the construction of cars used in interstate commerce and the use of +improved safety appliances upon such trains. Time will be necessary to +make the needed changes, but an earnest and intelligent beginning should +be made at once. It is a reproach to our civilization that any class +of American workmen should in the pursuit of a necessary and useful +vocation be subjected to a peril of life and limb as great as that of +a soldier in time of war. + +The creation of an Executive Department to be known as the Department of +Agriculture by the act of February 9 last was a wise and timely response +to a request which had long been respectfully urged by the farmers of +the country; but much remains to be done to perfect the organization of +the Department so that it may fairly realize the expectations which +its creation excited. In this connection attention is called to the +suggestions contained in the report of the Secretary, which is herewith +submitted. The need of a law officer for the Department such as is +provided for the other Executive Departments is manifest. The failure of +the last Congress to make the usual provision for the publication of the +annual report should be promptly remedied. The public interest in the +report and its value to the farming community, I am sure, will not be +diminished under the new organization of the Department. + +I recommend that the weather service be separated from the War +Department and established as a bureau in the Department of Agriculture. +This will involve an entire reorganization both of the Weather Bureau +and of the Signal Corps, making of the first a purely civil organization +and of the other a purely military staff corps. The report of the Chief +Signal Officer shows that the work of the corps on its military side has +been deteriorating. + +The interests of the people of the District of Columbia should not be +lost sight of in the pressure for consideration of measures affecting +the whole country. Having no legislature of its own, either municipal +or general, its people must look to Congress for the regulation of all +those concerns that in the States are the subject of local control. Our +whole people have an interest that the national capital should be made +attractive and beautiful, and, above all, that its repute for social +order should be well maintained. The laws regulating the sale of +intoxicating drinks in the District should be revised with a view to +bringing the traffic under stringent limitations and control. + +In execution of the power conferred upon me by the act making +appropriations for the expenses of the District of Columbia for the +year ending June 30, 1890, I did on the 17th day of August last appoint +Rudolph Hering, of New York, Samuel M. Gray, of Rhode Island, and +Frederick P. Stearns, of Massachusetts, three eminent sanitary +engineers, to examine and report upon the system of sewerage existing in +the District of Columbia. Their report, which is not yet completed, will +be in due course submitted to Congress. + +The report of the Commissioners of the District is herewith transmitted, +and the attention of Congress is called to the suggestions contained +therein. + +The proposition to observe the four hundredth anniversary of the +discovery of America by the opening of a world's fair or exposition in +some one of our great cities will be presented for the consideration of +Congress. The value and interest of such an exposition may well claim +the promotion of the General Government. + +On the 4th of March last the Civil Service Commission had but a single +member. The vacancies were filled on the 9th day of May, and since then +the Commissioners have been industriously, though with an inadequate +force, engaged in executing the law. They were assured by me that a +cordial support would be given them in the faithful and impartial +enforcement of the statute and of the rules and regulations adopted +in aid of it. + +Heretofore the book of eligibles has been closed to everyone, except +as certifications were made upon the requisition of the appointing +officers. This secrecy was the source of much suspicion and of many +charges of favoritism in the administration of the law. What is secret +is always suspected; what is open can be judged. The Commission, with +the full approval of all its members, has now opened the list of +eligibles to the public. The eligible lists for the classified +post-offices and custom-houses are now publicly posted in the respective +offices, as are also the certifications for appointments. The purpose of +the civil-service law was absolutely to exclude any other consideration +in connection with appointments under it than that of merit as tested by +the examinations. The business proceeds upon the theory that both the +examining boards and the appointing officers are absolutely ignorant +as to the political views and associations of all persons on the +civil-service lists. It is not too much to say, however, that some +recent Congressional investigations have somewhat shaken public +confidence in the impartiality of the selections for appointment. + +The reform of the civil service will make no safe or satisfactory +advance until the present law and its equal administration are well +established in the confidence of the people. It will be my pleasure, +as it is my duty, to see that the law is executed with firmness and +impartiality. If some of its provisions have been fraudulently evaded +by appointing officers, our resentment should not suggest the repeal of +the law, but reform in its administration. We should have one view of +the matter, and hold it with a sincerity that is not affected by the +consideration that the party to which we belong is for the time in +power. + +My predecessor, on the 4th day of January, 1889, by an Executive order +to take effect March 15, brought the Railway Mail Service under the +operation of the civil-service law.[7] Provision was made that the order +should take effect sooner in any State where an eligible list was sooner +obtained. On the 11th day of March Mr. Lyman, then the only member of +the Commission, reported to me in writing that it would not be possible +to have the list of eligibles ready before May 1, and requested that the +taking effect of the order be postponed until that time, which was +done,[8] subject to the same provision contained in the original order +as to States in which an eligible list was sooner obtained. + +As a result of the revision of the rules, of the new classification, and +of the inclusion of the Railway Mail Service, the work of the Commission +has been greatly increased, and the present clerical force is found to +be inadequate. I recommend that the additional clerks asked by the +Commission be appropriated for. + +The duty of appointment is devolved by the Constitution or by the law, +and the appointing officers are properly held to a high responsibility +in its exercise. The growth of the country and the consequent increase +of the civil list have magnified this function of the Executive +disproportionally. It can not be denied, however, that the labor +connected with this necessary work is increased, often to the point of +actual distress, by the sudden and excessive demands that are made upon +an incoming Administration for removals and appointments. But, on the +other hand, it is not true that incumbency is a conclusive argument for +continuance in office. Impartiality, moderation, fidelity to public +duty, and a good attainment in the discharge of it must be added before +the argument is complete. When those holding administrative offices so +conduct themselves as to convince just political opponents that no party +consideration or bias affects in any way the discharge of their public +duties, we can more easily stay the demand for removals. + +I am satisfied that both in and out of the classified service great +benefit would accrue from the adoption of some system by which the +officer would receive the distinction and benefit that in all private +employments comes from exceptional faithfulness and efficiency in the +performance of duty. + +I have suggested to the heads of the Executive Departments that they +consider whether a record might not be kept in each bureau of all those +elements that are covered by the terms "faithfulness" and "efficiency," +and a rating made showing the relative merits of the clerks of each +class, this rating to be regarded as a test of merit in making +promotions. + +I have also suggested to the Postmaster-General that he adopt some plan +by which he can, upon the basis of the reports to the Department and of +frequent inspections, indicate the relative merit of postmasters of each +class. They will be appropriately indicated in the Official Register and +in the report of the Department. That a great stimulus would thus be +given to the whole service I do not doubt, and such a record would be +the best defense against inconsiderate removals from office. + +The interest of the General Government in the education of the +people found an early expression, not only in the thoughtful and +sometimes warning utterances of our ablest statesmen, but in liberal +appropriations from the common resources for the support of education +in the new States. No one will deny that it is of the gravest national +concern that those who hold the ultimate control of all public affairs +should have the necessary intelligence wisely to direct and determine +them. National aid to education has heretofore taken the form of land +grants, and in that form the constitutional power of Congress to promote +the education of the people is not seriously questioned. I do not think +it can be successfully questioned when the form is changed to that of a +direct grant of money from the public Treasury. + +Such aid should be, as it always has been, suggested by some exceptional +conditions. The sudden emancipation of the slaves of the South, the +bestowal of the suffrage which soon followed, and the impairment of the +ability of the States where these new citizens were chiefly found to +adequately provide educational facilities presented not only exceptional +but unexampled conditions. That the situation has been much ameliorated +there is no doubt. The ability and interest of the States have happily +increased. + +But a great work remains to be done, and I think the General +Government should lend its aid. As the suggestion of a national grant +in aid of education grows chiefly out of the condition and needs of +the emancipated slave and his descendants, the relief should as far +as possible, while necessarily proceeding upon some general lines, be +applied to the need that suggested it. It is essential, if much good is +to be accomplished, that the sympathy and active interest of the people +of the States should be enlisted, and that the methods adopted should +be such as to stimulate and not to supplant local taxation for school +purposes. + +As one Congress can not bind a succeeding one in such a case and as +the effort must in some degree be experimental, I recommend that any +appropriation made for this purpose be so limited in annual amount and +as to the time over which it is to extend as will on the one hand give +the local school authorities opportunity to make the best use of the +first year's allowance, and on the other deliver them from the +temptation to unduly postpone the assumption of the whole burden +themselves. + +The colored people did not intrude themselves upon us. They were brought +here in chains and held in the communities where they are now chiefly +found by a cruel slave code. Happily for both races, they are now free. +They have from a standpoint of ignorance and poverty--which was our +shame, not theirs--made remarkable advances in education and in the +acquisition of property. They have as a people shown themselves to +be friendly and faithful toward the white race under temptations of +tremendous strength. They have their representatives in the national +cemeteries, where a grateful Government has gathered the ashes of +those who died in its defense. They have furnished to our Regular Army +regiments that have won high praise from their commanding officers for +courage and soldierly qualities and for fidelity to the enlistment oath. +In civil life they are now the toilers of their communities, making +their full contribution to the widening streams of prosperity which +these communities are receiving. Their sudden withdrawal would stop +production and bring disorder into the household as well as the shop. +Generally they do not desire to quit their homes, and their employers +resent the interference of the emigration agents who seek to stimulate +such a desire. + +But notwithstanding all this, in many parts of our country where the +colored population is large the people of that race are by various +devices deprived of any effective exercise of their political rights and +of many of their civil rights. The wrong does not expend itself upon +those whose votes are suppressed. Every constituency in the Union is +wronged. + +It has been the hope of every patriot that a sense of justice and of +respect for the law would work a gradual cure of these flagrant evils. +Surely no one supposes that the present can be accepted as a permanent +condition. If it is said that these communities must work out this +problem for themselves, we have a right to ask whether they are at work +upon it. Do they suggest any solution? When and under what conditions is +the black man to have a free ballot? When is he in fact to have those +full civil rights which have so long been his in law? When is that +equality of influence which our form of government was intended to +secure to the electors to be restored? This generation should +courageously face these grave questions, and not leave them as a +heritage of woe to the next. The consultation should proceed with +candor, calmness, and great patience, upon the lines of justice and +humanity, not of prejudice and cruelty. No question in our country can +be at rest except upon the firm base of justice and of the law. + +I earnestly invoke the attention of Congress to the consideration of +such measures within its well-defined constitutional powers as will +secure to all our people a free exercise of the right of suffrage and +every other civil right under the Constitution and laws of the United +States. No evil, however deplorable, can justify the assumption either +on the part of the Executive or of Congress of powers not granted, but +both will be highly blamable if all the powers granted are not wisely +but firmly used to correct these evils. The power to take the whole +direction and control of the election of members of the House of +Representatives is clearly given to the General Government. A partial +and qualified supervision of these elections is now provided for by law, +and in my opinion this law may be so strengthened and extended as to +secure on the whole better results than can be attained by a law taking +all the processes of such election into Federal control. The colored man +should be protected in all of his relations to the Federal Government, +whether as litigant, juror, or witness in our courts, as an elector for +members of Congress, or as a peaceful traveler upon our interstate +railways. + +There is nothing more justly humiliating to the national pride and +nothing more hurtful to the national prosperity than the inferiority of +our merchant marine compared with that of other nations whose general +resources, wealth, and seacoast lines do not suggest any reason for +their supremacy on the sea. It was not always so, and our people are +agreed, I think, that it shall not continue to be so. It is not possible +in this communication to discuss the causes of the decay of our shipping +interests or the differing methods by which it is proposed to restore +them. The statement of a few well-authenticated facts and some general +suggestions as to legislation is all that is practicable. That the great +steamship lines sailing under the flags of England, France, Germany, +Spain, and Italy, and engaged in foreign commerce, were promoted and +have since been and now are liberally aided by grants of public money +in one form or another is generally known. That the American lines of +steamships have been abandoned by us to an unequal contest with the +aided lines of other nations until they have been withdrawn, or in +the few cases where they are still maintained are subject to serious +disadvantages, is matter of common knowledge. + +The present situation is such that travelers and merchandise find +Liverpool often a necessary intermediate port between New York and some +of the South American capitals. The fact that some of the delegates from +South American States to the conference of American nations now in +session at Washington reached our shores by reversing that line of +travel is very conclusive of the need of such a conference and very +suggestive as to the first and most necessary step in the direction of +fuller and more beneficial intercourse with nations that are now our +neighbors upon the lines of latitude, but not upon the lines of +established commercial intercourse. + +I recommend that such appropriations be made for ocean mail service in +American steamships between our ports and those of Central and South +America, China, Japan, and the important islands in both of the great +oceans as will be liberally remunerative for the service rendered and +as will encourage the establishment and in some fair degree equalize +the chances of American steamship lines in the competitions which they +must meet. That the American States lying south of us will cordially +cooperate in establishing and maintaining such lines of steamships to +their principal ports I do not doubt. + +We should also make provision for a naval reserve to consist of such +merchant ships of American construction and of a specified tonnage and +speed as the owners will consent to place at the use of the Government +in case of need as armed cruisers. England has adopted this policy, and +as a result can now upon necessity at once place upon her naval list +some of the fastest steamships in the world. A proper supervision of the +construction of such vessels would make their conversion into effective +ships of war very easy. + +I am an advocate of economy in our national expenditures, but it is +a misuse of terms to make this word describe a policy that withholds +an expenditure for the purpose of extending our foreign commerce. The +enlargement and improvement of our merchant marine, the development of +a sufficient body of trained American seamen, the promotion of rapid and +regular mail communication between the ports of other countries and our +own, and the adaptation of large and swift American merchant steamships +to naval uses in time of war are public purposes of the highest concern. +The enlarged participation of our people in the carrying trade, the new +and increased markets that will be opened for the products of our farms +and factories, and the fuller and better employment of our mechanics +which will result from a liberal promotion of our foreign commerce +insure the widest possible diffusion of benefit to all the States +and to all our people. Everything is most propitious for the present +inauguration of a liberal and progressive policy upon this subject, +and we should enter upon it with promptness and decision. + +The legislation which I have suggested, it is sincerely believed, +will promote the peace and honor of our country and the prosperity and +security of the people. I invoke the diligent and serious attention of +Congress to the consideration of these and such other measures as may +be presented having the same great end in view. + +BENJ. HARRISON. + +[Footnote 2: See pp. 14-15.] + +[Footnote 3: See pp. 15-18.] + +[Footnote 4: See pp. 20-24.] + +[Footnote 5: See pp. 24-25.] + +[Footnote 6: See pp. 25-26.] + +[Footnote 7: See Vol. VIII, pp. 847-851.] + +[Footnote 8: See p. 27.] + + + + +SPECIAL MESSAGES. + + +EXECUTIVE MANSION, _December 17, 1889_. + +_To the Senate and House of Representatives_: + +The act of Congress approved July 9, 1888, "for an international marine +conference to secure greater safety for life and property at sea," and +in virtue of which the present conference is now holding its sessions +at Washington, provides by the third section that the labors of the +conference shall terminate on the 1st day of January, 1890, or sooner, +by direction of the President. + +I transmit herewith a report from the Acting Secretary of State, +accompanied with a letter from Rear-Admiral S.R. Franklin, United States +Navy, president of the conference, stating that in all probability the +labors of the conference can not be brought to a close by the time fixed +by the present law. + +In consideration of the many important questions now under discussion by +the conference, which should if possible be satisfactorily determined +before the final adjournment, I earnestly recommend that a further act +be passed to enable the conference to continue its sessions for a period +of two months from January 1, 1890. + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _December 18, 1889_. + +_To the Senate and House of Representatives_: + +I transmit herewith a communication of 16th instant from the Secretary +of the Interior, submitting the report, with accompanying papers, of the +commission appointed under the provisions of the act of March 2, 1889 +(25 U.S. Statutes at Large, p. 1002), to conduct negotiations with the +Coeur d'Alene tribe of Indians for the purchase and release by said +tribe of such portions of its reservation not agricultural and valuable +chiefly for minerals and timber as such tribe shall consent to sell, +etc., together with the agreement entered into by said commission +September 9, 1889, with said Indians. + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _December 20, 1889_. + +_To the Senate and House of Representatives_: + +I transmit herewith a communication of the 16th instant from the +Secretary of the Interior, submitting a draft of a bill "to provide for +the reduction of the Round Valley Indian Reservation, in the State of +California, and for other purposes." I invite your attention to the +papers herein referred to, showing the necessity for the proposed +legislation, and ask that the bill herewith receive careful and early +consideration. + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _Washington, January 7, 1890_. + +_To the Senate and House of Representatives_: + +I herewith inclose a report from the Secretary of State, with +accompanying papers, in relation to the death of George Pauls, a German +subject, at Wilmington, N.C., May 8, 1886, and the claim of his widow +for compensation on that account. In view of the statements made by the +Secretary of State, I earnestly recommend that an appropriation of +$5,000 be made in behalf of Mrs. Pauls. + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _Washington, January 13, 1890_. + +_To the Senate and House of Representatives_: + +I transmit herewith a report of the Secretary of State of the 13th +instant, recommending that the necessary means be provided to erect +suitable buildings on the grounds so generously presented in the year +1884 to this Government for the use of its legation at Bangkok by His +Majesty the King of Siam. + +I commend the matter to the favorable consideration of Congress. + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _Washington, January 16, 1890_. + +_To the Senate and House of Representatives_: + +I transmit herewith a report from the Secretary of State, in relation +to the claim of the Government of Sweden and Norway, under the treaty +between the United States and that Government of July 4, 1827, for the +benefit of the lower rate of tonnage dues under the shipping acts of +1884 and 1886. + +I recommend the immediate adoption by Congress of the necessary +legislation to enable this Government to apply in the case of Sweden and +Norway the same rule in respect to the levying of tonnage dues under the +treaty of 1827 as was claimed and secured by this Government under the +same instrument in 1828. + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _January 20, 1890_. + +_To the Senate and House of Representatives_: + +I transmit herewith a letter of Professor T.C. Mendenhall, chairman of +a committee of the American Association for the Advancement of Science, +and president of that association, and also the memorial prepared by +said committee, relating to the preservation of the forests upon the +public domain. + +I very earnestly recommend that adequate legislation may be provided +to the end that the rapid and needless destruction of our great forest +areas may be prevented. + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _Washington, January 20, 1890_. + +_To the Senate and House of Representatives_: + +I transmit herewith a letter from the Secretary of War, relating to the +condition and needs of the band of Apache Indians now held at Mount +Vernon Barracks and at Governors Island. The reports of General Crook +and Lieutenant Howard, which accompany the letter of the Secretary, show +that some of these Indians have rendered good service to the Government +in the pursuit and capture of the murderous band that followed Natchez +and Geronimo. It is a reproach that they should not in our treatment of +them be distinguished from the cruel and bloody members of the tribe now +confined with them. + +I earnestly recommend that provision be made by law for locating these +Indians upon lands in the Indian Territory. + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _Washington, January 27, 1890_. + +_To the Senate of the United States_: + +I transmit, in reply to the resolution of the Senate of the 8th instant, +a report from the Secretary of State, with accompanying documents, in +relation to the execution of the acts of Congress approved May 6, 1882, +and October 1, 1888, concerning Chinese. + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _February 10, 1890_. + +_To the Senate and House of Representatives_: + +In pursuance of the power vested in me by the terms of the last clause +of section 3 of the act of Congress approved March 2, 1889, entitled +"An act making appropriations for the current and contingent expenses +of the Indian Department and for fulfilling treaty stipulations with +various Indian tribes for the year ending June 30, 1890, and for other +purposes," a commission, as therein authorized, was appointed, +consisting of Charles Foster, of Ohio, William Warner, of Missouri, and +General George Crook, of the United States Army. This commission was +specially instructed to present to the Sioux Indians occupying the Great +Sioux Reservation, for their acceptance thereof and consent thereto in +manner and form as therein provided, the act of Congress approved March +2, 1889, entitled "An act to divide a portion of the reservation of the +Sioux Nation of Indians in Dakota into separate reservations and to +secure the relinquishment of the Indian title to the remainder, and for +other purposes." + +The report of the commission was submitted to me on the 24th day of +December, 1889, and is, with the accompanying documents and a letter of +the Secretary of the Interior, herewith transmitted for the information +of Congress. It appears from the report of the commission that the +consent of more than three-fourths of the adult Indians to the terms of +the act last named was secured, as required by section 12 of the treaty +of 1868, and upon a careful examination of the papers submitted I find +such to be the fact, and that such consent is properly evidenced by the +signatures of more than three-fourths of such Indians. + +At the outset of the negotiations the commission was confronted by +certain questions as to the interpretation and effect of the act of +Congress which they were presenting for the acceptance of the Indians. +Upon two or three points of some importance the commission gave in +response to these inquiries an interpretation to the law, and it was +the law thus explained to them that was accepted by the Indians. The +commissioners had no power to bind Congress or the Executive by their +construction of a statute, but they were the agents of the United +States, first, to submit a definite proposition for the acceptance +of the Indians, and, that failing, to agree upon modified terms to +be submitted to Congress for ratification. They were dealing with an +ignorant and suspicious people, and an explanation of the terms and +effect of the offer submitted could not be avoided. Good faith demands +that if the United States accepts the lands ceded the beneficial +construction of the act given by our agents should be also admitted +and observed. + +The chief difficulty in the construction of the act grows out of its +relation to prior treaties, which were by section 19 continued in +force so far as they are not in conflict with the terms of the act. +The seventh article of the treaty of 1868, relating to schools and +schoolhouses, is by section 17 of the act continued in force for twenty +years, "subject to such modifications as Congress shall deem most +effective to secure to said Indians equivalent benefits of such +education." + +Section 7 of the treaty of 1868 provides only for instruction in the +"elementary branches of an English education," while section 17 of the +act, after continuing this section of the treaty in force, provides a +fund which is to be applied "for the promotion of industrial and other +suitable education among said Indians." Again, section 7 of the treaty +provides for the erection of a schoolhouse for every thirty children who +can be induced to attend, while section 20 of the act requires the +erection of not less than thirty schoolhouses, and more if found +necessary. + +The commissioners were asked by the Indians whether the cost of the +English schools provided for in section 7 of the treaty and of the +schoolhouses provided for in the same section and in section 20 of the +act would be a charge against the proceeds of the lands they were now +asked to cede to the United States. This question was answered in the +negative, and I think the answer was correct. If the act, without +reference to section 7 of the treaty, is to be construed to express +the whole duty of the Government toward the Indians in the matter of +schools, the extension for twenty years of the provisions of that +section is without meaning. + +The assurance given by the commissioners that the money appropriated by +section 27 of the act to pay certain bands for the ponies taken by the +military authorities in 1876 would not be a charge against the proceeds +of the ceded lands was obviously a correct interpretation of the law. + +The Indians were further assured by the commissioners that the amount +appropriated for the expenses of the commission could not under the law +be made a charge upon the proceeds of their lands. This, I think, is a +correct exposition of the act. + +It seems from the report of the commission that some of the Indians at +the Standing Rock Agency asked whether if they accepted the act they +could have the election to take their allotments under section 6 of the +treaty of 1868 and have the benefits of sections 8 and 10 of that +treaty, and were told that they could. + +As the treaty is continued in force except where it contravenes the +provisions of the act, I do not see any difficulty in admitting this +interpretation. + +It will be found that the commission has submitted many recommendations, +some of them involving legislation and others appealing to powers +already possessed by the executive department. The consent of the +Indians to the act was not made dependent upon the adoption of any of +these recommendations, but many of them are obviously just and promotive +of the true interests of the Indians. So far as these require +legislation they are earnestly commended to the attention of Congress. + +The Secretary of the Interior has prepared and submits with his letter +transmitting the report of the commission the draft of a bill embodying +those recommendations of the commission requiring legislation. + +The appropriations necessary to carry into effect the provisions of the +act should be promptly made and be immediately available. + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _Washington, February 12, 1890_. + +_To the Senate and House of Representatives_: + +I transmit herewith a report from the Secretary of State, respecting the +International Marine Conference which was held in the city of Washington +in the year 1889, together with a copy of the proceedings of the +conference, including the final act. + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _February 17, 1890_. + +_To the Senate and House of Representatives_: + +I transmit herewith a communication of the 11th instant from the +Secretary of the Interior, submitting a copy of a report from the +Commissioner of Indian Affairs and accompanying draft of a bill to amend +the first section of an act entitled "An act to provide for the +allotment of lands in severalty to Indians on the various reservations, +and to extend the protection of the laws of the United States and the +Territories over the Indians, and for other purposes," approved February +8, 1887. + +The matter is presented for the consideration and action of Congress. + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _February 18, 1890_. + +_To the Senate and House of Representatives_: + +I transmit herewith a communication of the 8th instant from the +Secretary of the Interior, submitting a report of the Commissioner of +Indian Affairs and accompanying agreement, made with the Sisseton and +Wahpeton bands of Dakota or Sioux Indians, for the purchase and release +of the surplus lands in the Lake Traverse Indian Reservation, in the +States of North and South Dakota, the negotiations for said purchase and +release having been conducted under the authority contained in the fifth +section of the general allotment act of February 8, 1887 (24 U.S. +Statutes at Large, p. 388), which provides, among other things, that the +"purchase shall not be complete until ratified by Congress, and the form +and manner of executing such release shall also be prescribed by +Congress." + +This agreement involves a departure from the terms of the general +allotment act in at least one important particular. It gives to each +member of the tribe 160 acres of land without regard to age or sex, +while the general law gives this allotment only to heads of families. +There are, I think, serious objections to the basis adopted in the +general law, especially in its application to married women; but if the +basis of the agreement herewith submitted is accepted, it would, I +think, result in some cases, where there are large families of minor +children, in excessive allotments to a single family. Whatever is done +in this case will of course become in some sense a precedent in the +cases yet to be dealt with. + +Perhaps the question of the payment by the United States of the +annuities which were forfeited by the act of February 16, 1863 +(12 U.S. Statutes at Large, p. 652), should not have been considered in +connection with this negotiation for the cession of these lands. But it +appears that a refusal to consider this claim would have terminated the +negotiation, and if the claim is just its allowance has already been +too long delayed. The forfeiture declared by the act of 1863 unjustly +included the annuities of certain Indians of these bands who were not +only guilty of no fault, but who rendered meritorious services in the +armies of the United States in the suppression of the Sioux outbreak +and in the War of the Rebellion. + +The agreement submitted, as I understand, provides for the payment of +the annuities justly due to these friendly Indians to all the members +of the two bands per capita. This is said to be the unanimous wish of +the Indians, and a distribution to the friendly Indians and their +descendants only would now be very difficult, if not impossible. + +The agreement is respectfully submitted for the consideration of +Congress. + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _February 24, 1890_. + +_To the Senate and House of Representatives_: + +I transmit herewith a communication of 18th instant from the Secretary +of the Interior, submitting copy of a report from the Commissioner of +Indian Affairs, inclosing, with accompanying papers, a draft of a bill +authorizing the removal of the Indians of the Papago or Gila Bend +Reservation, in Maricopa County, Arizona Territory, to the Papago Indian +Reservation, in Pima County, in said Territory, or to the Pima and +Maricopa Indian reservations, commonly known as the Gila River and Salt +River Indian reservations, respectively, in said Territory, and for +other purposes. + +The matter is presented for the early consideration and action of +Congress. + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _February 24, 1890_. + +_To the Senate and House of Representatives_: + +I transmit herewith a communication of the 18th instant from the +Secretary of the Interior, submitting a copy of a report of the +Commissioner of Indian Affairs and accompanying item for insertion in +the bill making appropriations for the current and contingent expenses +of the Indian Department, which makes provision for further compensation +of Henry B. Carrington, special agent appointed under the act of March +2, 1889, "to provide for the sale of lands patented to certain members +of the Flathead band of Indians in Montana Territory, and for other +purposes," to secure the consent of the Indians thereto and appraise +the lands and improvements thereof; for an appropriation to remove the +Indians whose lands have been sold to the Jocko Reservation, and for +additional legislation considered necessary to complete this matter, +as suggested by the Commissioner of Indian Affairs. + +I also transmit a copy of the report of Special Agent Carrington and its +inclosures. + +The matter is presented for the early consideration of Congress. + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _March 4, 1890_. + +_To the Senate and House of Representatives_: + +In pursuance of the authority and direction contained in the act of +Congress approved January 14, 1889, entitled "An act for the relief and +civilization of the Chippewa Indians in the State of Minnesota," three +commissioners were appointed by the President on February 26, 1889, as +therein authorized and directed, namely, Henry M. Rice, of Minnesota, +Martin Marty, of Dakota, and Joseph B. Whiting, of Wisconsin, to +negotiate with said Indians. + +The commissioners have submitted their final report, with accompanying +papers, showing the results of the negotiations conducted by them, and +the same has been carefully reviewed by the Secretary of the Interior in +his report to me thereon. + +Being satisfied from an examination of the papers submitted that the +cession and relinquishment by said Chippewa Indians of their title and +interest in the lands specified and described in the agreement with the +different bands or tribes of Chippewa Indians in the State of Minnesota +was obtained in the manner prescribed in the first section of said act, +and that more than the requisite number have signed said agreement, I +have, as provided by said act, approved the said instruments in writing +constituting the agreement entered into by the commissioners with said +Indians. + +The commissioners did not escape the embarrassment which unfortunately +too often attends our negotiations with the Indians, namely, an +indisposition to treat with the Government for further concessions while +its obligations incurred under former agreements are unkept. I am sure +it will be the disposition of Congress to consider promptly and in a +just and friendly spirit the claims presented by these Indians through +our commissioners, which have been formulated in the draft of a bill +prepared by the Secretary of the Interior and submitted herewith. + +The act of January 14, 1889 (25 U.S. Statutes at Large, p. 642), +evidently contemplated the voluntary removal of the body of all these +bands of Indians to the White Earth and Red Lake reservations; but a +proviso in section 3 of the act authorized any Indian to take his +allotment upon the reservation where he now resides. The commissioners +report that quite a general desire was expressed by the Indians to avail +themselves of this option. The result of this is that the ceded land can +not be ascertained and brought to sale under the act until all of the +allotments are made. + +I recommend that the necessary appropriations to complete the surveys +and allotments be made at once available, so that the work may be begun +and completed at the earliest possible day. + +A copy of the report made by the commissioners, with copies of all the +papers submitted therewith, except the census rolls, is herewith +presented for the information of the Congress. + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _March 24, 1890_. + +_To the House of Representatives_: + +In answer to the resolution of the House of Representatives of the 8th +instant, in relation to the employment by the Regular Army of the United +States of Indian scouts for the purpose of pursuing hostile Indians in +their raids in the territory of the United States and Mexico, and in +regard to the proposed transfer of the Apache Chiricahua Indians from +Mount Vernon Barracks, Ala., to Fort Sill, Ind. T., I transmit herewith +a communication from the Secretary of State on the subject, together +with the accompanying papers. + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _March 29, 1890_. + +_To the Senate of the United States_: + +In compliance with the resolution of the Senate of the 28th instant, +the House of Representatives concurring, I return herewith the bill +(S. 1332) entitled "An act granting to the city of Colorado Springs, +in the State of Colorado, certain lands therein described for water +reservoirs." + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _Washington, March 31, 1890_. + +_To the Senate and House of Representatives_: + +I herewith transmit a report from the Secretary of State, in relation +to the discriminating duty now imposed upon foreign works of art, +and recommend that action thereon looking to the removal of the +discrimination be taken by Congress during its present session, if +practicable. + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _Washington, April 15, 1890_. + +_To the House of Representatives_: + +I herewith transmit, in reply to the resolution of the House of +Representatives of the 3d instant, a report from the Secretary of State, +accompanied by certain correspondence in regard to the seizure of the +schooner _Rebecca_ by the Mexican customs authorities at Tampico in +February, 1884. + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _Washington, April 18, 1890_. + +_To the Senate and House of Representatives_: + +I transmit herewith the fifth annual report of the Commissioner of Labor. + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _April 18, 1890_. + +_To the House of Representatives_: + +In compliance with the resolution of the House of Representatives, the +Senate concurring, I return herewith House bill No. 5179, entitled "An +act fixing the rate of interest to be charged on arrearages of general +and special taxes now due the District of Columbia if paid within a +specified time." + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _April 21, 1890_. + +_To the Senate and House of Representatives_: + +In compliance with a resolution of the House of Representatives, the +Senate concurring, I return herewith House bill No. 105, entitled +"An act in relation to immediate transportation of dutiable goods, +amendatory of the act of July 10, 1880." + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _Washington, April 21, 1890_. + +_To the Senate of the United States_: + +In answer to the resolution of the Senate dated March 25 last, in +relation to La Abra Silver Mining Company and the distribution or +payment of moneys to that corporation on account of the award in its +favor by the Mexican Government, I transmit herewith a report from the +Secretary of State upon the subject, together with the accompanying +papers. + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _April 30, 1890_. + +_To the Senate of the United States_: + +In compliance with a resolution of the Senate, the House of +Representatives concurring, I return herewith Senate bill 895, entitled +"An act to organize the Territory of Oklahoma, to establish courts in +the Indian Territory, and for other purposes." + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _May 8, 1890_. + +_To the House of Representatives_: + +In answer to the resolution of the House of Representatives of March 31, +1890, respecting the importation into foreign countries of breadstuffs +and provisions from the United States and the rates of duty imposed upon +such articles, I transmit herewith a report from the Secretary of State +on the subject, together with the accompanying papers. + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _May 13, 1890_. + +_To the Senate and House of Representatives_: + +I transmit herewith a communication of the 10th instant from the +Secretary of the Interior, and the accompanying copies of +correspondence, relative to the condition of the Northern Cheyenne +Indians at the Pine Ridge Agency, S. Dak. + +The desire of these Indians to be united upon some common reservation +with their brethren now occupying the Tongue River Reserve, in Montana, +is quite natural, and such an arrangement would, I think, promote the +best interests of both of these bands. + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _May 17, 1890_. + +_To the Senate of the United States_: + +In compliance with a resolution of the Senate of this date, I return +herewith the bill (S. 903) entitled "An act for the erection of a public +building in Cedar Rapids, Iowa." + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _May 19, 1890_. + +_To the Senate and House of Representatives_: + +I inclose herewith a draft of a bill submitted by the Secretary of the +Interior, providing for the survey and disposal of a tract of land +situated in the city of Monterey, Cal., known as the "Cuartel" lot. + +The lot referred to is one of the tracts excluded from the survey of the +Pueblo lands of Monterey, Cal., by the decision of Acting Secretary of +the Interior Muldrow of October 4, 1887 (6 Land Decisions, p. 179), on +the ground that it was in a state of reservation for national purposes. + +A communication from the Secretary of War to the Secretary of the +Interior, copy herewith, states that this lot has been occupied at +intervals by the War Department for military purposes, but as it is not +within the limits of any declared military reservation the act of July +5, 1884 (23 U.S. Statutes at Large, p. 103), providing for a transfer +to the Interior Department of abandoned military reservations, does not +apply. + +The lot is no longer required for military purposes, and a willingness +is expressed by the War Department that the Department of the Interior +should assume control of it. A copy of the tracing, with notes, is +inclosed, showing an approximate survey and describing the situation +of the lot. + +I also inclose a copy of a report of the Commissioner of the General +Land Office to the Secretary of the Interior, setting forth that under +the decision of Mr. Muldrow the tract of land known as the "Cuartel" +lot belongs to the United States by conquest and by treaty, and is in a +state of reservation for national purposes, and respectfully submitting +that Congress may continue its status as fixed by said decision or enact +appropriate laws providing for its disposition as public land. + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _May 19, 1890_. + +_To the Senate and House of Representatives_: + +I transmit herewith a report of the International American Conference, +recently in session at this capital, recommending the survey of a route +for an intercontinental line of railroad to connect the systems of North +America with those of the southern continent, and to be conducted under +the direction of a board of commissioners representing the several +American Republics. + +Public attention has chiefly been attracted to the subject of improved +water communication between the ports of the United States and those of +Central and South America. The creation of new and improved steamship +lines undoubtedly furnishes the readiest means of developing an +increased trade with the Latin-American nations. But it should not be +forgotten that it is possible to travel by land from Washington to the +southernmost capital of South America, and that the opening of railroad +communication with these friendly States will give to them and to us +facilities for intercourse and the exchanges of trade that are of +special value. + +The work contemplated is vast, but entirely practicable. It will be +interesting to all, and perhaps surprising to most of us, to notice how +much has already been done in the way of railroad construction in Mexico +and South America that can be utilized as part of an intercontinental +line. + +I do not hesitate to recommend that Congress make the very moderate +appropriation for surveys suggested by the conference and authorize the +appointment of commissioners and the detail of engineer officers to +direct and conduct the necessary preliminary surveys. + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _May 21, 1890_. + +_To the Senate and House of Representatives_: + +I transmit herewith a communication of the 20th instant from the +Secretary of the Interior and accompanying correspondence in the matter +of the request of the Seminole Nation of Indians for negotiations with +the Creek Nation of Indians for the purchase of an additional quantity +of land, being about 25,000 acres, for the use of the Seminoles. The +request is based upon the fact that former purchases do not embrace all +of the lands upon which the Seminole Indians have made improvements, and +which by the corrected survey were given to the Creeks. The money to be +paid for these lands is to be reimbursed to the Government by the +Seminoles. + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _May 26, 1890_. + +_To the House of Representatives_: + +In compliance with the resolutions of the House of Representatives of +the 23d instant, the Senate concurring, I return herewith the bills +H.R. Nos. 380 and 2007, entitled, respectively, "An act to amend an act +entitled 'An act to authorize the Cairo and Tennessee River Railroad +Company to construct bridges across the Tennessee and Cumberland +rivers,' approved January 8, 1889," and "An act granting a pension to +the widow of Adam Shrake." + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _May 27, 1890_. + +_To the Senate and House of Representatives_: + +I transmit herewith a letter from the Secretary of State, inclosing +a report adopted by the International American Conference, recently +in session at this capital, recommending the establishment of an +international American bank, with its principal offices in the city of +New York and branches in the commercial centers of the several other +American Republics. + +The advantages of such an institution to the merchants of the United +States engaged in trade with Central and South America and the purposes +intended to be accomplished are fully set forth in the letter of the +Secretary of State and the accompanying report. It is not proposed to +involve the United States in any financial responsibility, but only to +give to the proposed bank a corporate franchise, and to promote public +confidence by requiring that its condition and transactions shall be +submitted to a scrutiny similar to that which is now exercised over our +domestic banking system. + +The subject is submitted for the consideration of Congress in the belief +that it will be found possible to promote the end desired by legislation +so guarded as to avoid all just criticism. + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _May 28, 1890_. + +_To the Senate and House of Representatives_: + +I transmit herewith a communication of the 26th instant from the +Secretary of the Interior, and accompanying item of appropriation, to +enable the President to continue the negotiations authorized by sections +14 and 15 of the Indian appropriation act approved March 2, 1889, with +the Cherokee Indians and with all other Indians owning or claiming lands +west of the ninety-sixth degree of longitude in the Indian Territory, +for the cession to the United States of all their title, claim, or +interest of every kind or character in and to said lands, etc. + +The matter is presented for the favorable action of Congress. + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _June 2, 1890_. + +_To the House of Representatives_: + +In compliance with a resolution of the House of Representatives of the +29th ultimo, the Senate concurring, I return herewith the bill (H.R. +7345) entitled "An act authorizing and directing the Secretary of War +to establish new harbor lines in Portage Lake, Houghton County, Mich." + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _June 2, 1890_. + +_To the Senate and House of Representatives_: + +The International American Conference, recently in session at this +capital, recommended for adoption by the several American Republics-- + +1. A uniform system of customs regulations for the classification and +valuation of imported merchandise; + +2. A uniform nomenclature for the description of articles of merchandise +imported and exported; and + +3. The establishment at Washington of an international bureau of +information. + +The conference also at its final session decided to establish +in the city of Washington, as a fitting memorial of its meeting, a +Latin-American library, to be formed by contributions from the several +nations, of historical, geographical, and literary works, maps, +manuscripts, and official documents relating to the history and +civilization of America, and expressed a desire that the Government of +the United States should provide a suitable building for the shelter +of such a library, to be solemnly dedicated upon the four hundredth +anniversary of the discovery of America. + +The importance of these suggestions is fully set forth in the letter +of the Secretary of State and the accompanying documents, herewith +transmitted, to which I invite your attention. + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _June 6, 1890_. + +_To the Senate of the United States_: + +In response to the resolution of the Senate of the 26th of May, +requesting me to "communicate to the Senate such information as may +be in possession of the executive department relating to the alleged +landing of an armed force from the United States revenue cutter _McLane_ +at Cedar Keys, Fla., and the alleged entry of houses of citizens by +force, and their alleged pursuit of citizens of the United States in +the surrounding country, and the authority under which the commanding +officer of the cutter acted in any such matter," I submit for the +information of the Senate the accompanying correspondence, which +contains all the information possessed by the executive department +relating to the matters inquired about. + +It will be observed that the United States collector of customs at +Cedar Keys had been driven from his office and from the town and the +administration of the customs laws of the United States at that port +suspended by the violent demonstrations and threats of one Cottrell, the +mayor of the place, assisted by his town marshal, Mitchell. If it had +been necessary, as I do not think it can be in any case, for a United +States officer to appeal to the local authorities for immunity from +violence in the exercise of his duties, the situation at Cedar Keys did +not suggest or encourage such an appeal, for those to whom the appeal +would have been addressed were themselves the lawless instruments of +the threatened violence. It will always be agreeable to me if the local +authorities, acting upon their own sense of duty, maintain the public +order in such a way that the officers of the United States shall have +no occasion to appeal for the intervention of the General Government; +but when this is not done I shall deem it my duty to use the adequate +powers vested in the Executive to make it safe and feasible to hold and +exercise the offices established by the Federal Constitution and laws. + +The means used in this case were, in my opinion, lawful and necessary, +and the officers do not seem to have intruded upon any private right in +executing the warrants placed in their hands. The letter dated August 4 +last, which appears in the correspondence submitted, appealing to me +to intervene for the protection of the citizens of Cedar Keys from the +brutal violence of Cottrell, it will be noticed, was written before the +appointment of the new collector. That the officers of the law should +not have the full sympathy of every good citizen in their efforts to +bring these men to merited punishment is matter of surprise and regret. +It is a very grim commentary upon the condition of social order at Cedar +Keys that only a woman, who had, as she says in her letter, no son or +husband who could be made the victim of his malice, had the courage to +file charges against this man, who was then holding a subordinate place +in the customs service. + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _June 6, 1890_. + +_To the Senate of the United States_: + +In compliance with a resolution of the Senate of the 5th instant, +the House of Representatives concurring, I return herewith the bill +(S. 1293) entitled "An act for the relief of Charles F. Bowers." + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _June 16, 1890_. + +_To the Senate and House of Representatives_: + +I transmit herewith, for the information of Congress with a view to +securing such legislation as may be appropriate, a communication from +the Secretary of the Interior, relating to the destruction by fires, +carelessly kindled or left, of the timber upon the public lands. + +If proper penalties were imposed by law and a few convictions thereunder +secured, I do not doubt that much waste of our forests would be +prevented. + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _June 18, 1890_. + +_To the Senate of the United States_: + +In response to the resolution of the Senate of the 16th instant, +relating to the negotiations by the Cherokee Commission for the purchase +of certain lands in the Indian Territory, I respectfully state that on +the 20th day of May and the 12th day of June, respectively, agreements +were Signed by the Iowa and the Sac and Fox tribes ceding to the United +States certain of their lands. The contracts and accompanying papers +were received at the Interior Department on the 2d and 17th days of +June, respectively, and are now under examination by the proper officers +of that Department. When these examinations are concluded, the papers +will, if found to be complete and conformable to law, be submitted to +Congress. + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _June 19, 1890_. + +_To the Senate and House of Representatives_: + +I transmit herewith, for your information, a letter from the Secretary +of State, inclosing a report of the International American Conference, +which recommends that reciprocal commercial treaties be entered into +between the United States and the several other Republics of this +hemisphere. + +It has been so often and so persistently stated that our tariff laws +offered an insurmountable barrier to a large exchange of products +with the Latin-American nations that I deem it proper to call especial +attention to the fact that more than 87 per cent of the products of +those nations sent to our ports are now admitted free. If sugar is +placed upon the free list, practically every important article exported +from those States will be given untaxed access to our markets, except +wool. The real difficulty in the way of negotiating profitable +reciprocity treaties is that we have given freely so much that would +have had value in the mutual concessions which such treaties imply. +I can not doubt, however, that the present advantages which the products +of these near and friendly States enjoy in our markets, though they are +not by law exclusive, will, with other considerations, favorably dispose +them to adopt such measures, by treaty or otherwise, as will tend to +equalize and greatly enlarge our mutual exchanges. + +It will certainly be time enough for us to consider whether we must +cheapen the cost of production by cheapening labor in order to gain +access to the South American markets when we have fairly tried the +effect of established and reliable steam communication and of convenient +methods of money exchanges. There can be no doubt, I think, that with +these facilities well established and with a rebate of duties upon +imported raw materials used in the manufacture of goods for export our +merchants will be able to compete in the ports of the Latin-American +nations with those of any other country. + +If after the Congress shall have acted upon pending tariff legislation +it shall appear that under the general treaty-making power, or under any +special powers given by law, our trade with the States represented in +the conference can be enlarged upon a basis of mutual advantage, it will +be promptly done. + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _June 24, 1890_. + +_To the House of Representatives_: + +In compliance with a resolution of the House of Representatives of +the 23d instant, the Senate concurring, I return herewith the bill +(H.R. 5702) "granting a pension to Ann Bryan." + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _June 25, 1890_. + +_To the Senate of the United States_: + +In compliance with a resolution of the Senate of the 23d instant, the +House of Representatives concurring, I return herewith the bill (S. 145) +"for the relief of the legal representatives of Henry S. French." + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _July 1, 1890_. + +_To the Senate and House of Representatives_: + +In my annual message I called attention to the urgent need of +legislation for the adjustment of the claims under Mexican grants to +lands in Arizona and New Mexico. + +I now submit a correspondence which has passed between the Department +of State and the Mexican Government concerning the rights of certain +Mexican citizens to have their claims to lands ceded to the United +States by the treaty adjusted and confirmed. I also submit a letter from +the Secretary of the Interior, with accompanying papers, showing the +number and extent of these claims and their present condition. + +The United States owes a duty to Mexico to confirm to her citizens those +valid grants that were saved by the treaty, and the long delay which has +attended the discharge of this duty has given just cause of complaint. + +The entire community where these large claims exist, and, indeed, +all of our people, are interested in an early and final settlement of +them. No greater incubus can rest upon the energies of a people in the +development of a new country than that resulting from unsettled land +titles. + +The necessity for legislation is so evident and so urgent that I venture +to express the hope that relief will be given at the present session of +Congress. + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _July 2, 1890_. + +_To the Senate and House of Representatives_: + +In compliance with the provisions of section 14 of the act of March 2, +1889, I transmit herewith, for the consideration of Congress, an +agreement concluded between the commissioners appointed under that +section on behalf of the United States, commonly known as the Cherokee +Commission, and the Sac and Fox Nation of Indians in the Indian +Territory on the 12th day of June last. + +The Sac and Fox Nation have a national council, and the negotiation was +conducted with that body, which undoubtedly had competent authority to +contract on behalf of the tribe for the sale of these lands. The letter +of the Secretary of the Interior and the accompanying papers, which are +submitted herewith, furnish all the information necessary to the +consideration of the questions to be determined by Congress. + +The only serious question presented is as to that article of the +agreement which limits the distribution of the funds to be paid by the +United States under it to the Sac and Fox Indians now in the Indian +Territory. I very gravely doubt whether the remnant or band of this +tribe now living in Iowa has any interest in these lands in the Indian +Territory. The reservation there was apparently given in consideration +of improvements upon the lands of the tribe in Kansas. The band now +resident in Iowa upon lands purchased by their own means, as I am +advised, left the Kansas reservation many years before the date of this +treaty, and it would seem could have had no equitable interest in the +improvements on the Kansas lands, which must have been the result of the +labors of that portion of the tribe living upon them. The right of the +Iowa band to a participation in the proceeds of the sale of the Kansas +reservation was explicitly reserved in the treaty; but it seems to me +upon a somewhat hasty examination of the treaty that the reservation +in the Indian Territory was intended only for the benefit of those who +should go there to reside. The Secretary of the Interior has expressed a +somewhat different view of the effect of this treaty; but if the facts +are, as I understand, that the Iowa band did not contribute to the +improvements which were the consideration for the reservation and did +not accept the invitation to settle upon the reservation lands in the +Indian Territory, I do not well see how they have either an equitable or +legal claim to participate in the proceeds of the sale of those lands. + +The whole matter is submitted for the consideration of Congress. + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _Washington, July 2, 1890_. + +_To the Senate and House of Representatives_: + +I transmit herewith a letter from the Secretary of State, inclosing +the recommendations of the International American Conference for the +establishment of improved facilities for postal and cable communication +between the United States and the several countries of Central and South +America. + +I can not too strongly urge upon Congress the necessity of giving this +subject immediate and favorable consideration and of making adequate +appropriations to carry the recommendations into effect; and in this +connection I beg leave to call attention to what was said on the subject +in my annual message.[9] The delegates of the seventeen neighboring +Republics, which have so recently been assembled in Washington at the +invitation of this Government, have expressed their wish and purpose to +cooperate with the United States in the adoption of measures to improve +the means of communication between the several Republics of America. +They recognize the necessity of frequent, regular, and rapid steamship +service, both for the purpose of maintaining friendly intercourse +and for the convenience of commerce, and realize that without such +facilities it is useless to attempt to extend the trade between their +ports and ours. + +BENJ. HARRISON. + +[Footnote 9: See pp. 56-57.] + + + +EXECUTIVE MANSION, _Washington, July 2, 1890_. + +_To the Senate and House of Representatives_: + +I transmit herewith, for your information, a letter from the Secretary +of State, inclosing a copy of a resolution passed by the International +American Conference with reference to the celebration of the fourth +centennial of the discovery of America. + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _July 2, 1890_. + +_To the Senate and House of Representatives_: + +I transmit herewith, as required by section 14 of the act of March 2, +1889, an agreement concluded on the 20th day of May last between the +commissioners on behalf of the United States, commonly known as the +Cherokee Commission, and the Iowa Indians residing in the Indian +Territory. + +A letter of the Secretary of the Interior, which is accompanied by +communications from the Commissioner of Indian Affairs and the Assistant +Attorney-General, is also submitted. + +These papers present a full and clear statement of the matters of fact +and questions of law which Congress will need to consider in passing +upon the question of the ratification of the agreement, which is +submitted for its consideration and such action as may be deemed proper. + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _Washington, July 11, 1890_. + +_To the Senate and House of Representatives_: + +I transmit herewith a communication from the Secretary of State, +including a report of the action of the International American +Conference, lately in session in this city, concerning the protection of +patents, trademarks, and copyrights in commerce between the American +Republics, to which I invite your attention. + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _Washington, July 11, 1890_. + +_To the Senate and House of Representatives_: + +I invite your attention to the accompanying letter of the Secretary of +State, submitting the recommendations of the International American +Conference for the better protection of the public health against the +spread of contagious diseases. + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _July 12, 1890_. + +_To the Senate and House of Representatives_: + +I transmit herewith a letter from the Secretary of State, inclosing a +copy of a report upon weights and measures adopted by the International +American Conference, recently in session at this capital. + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _July 12, 1890_. + +_To the Senate and House of Representatives_: + +I transmit herewith a letter from the Secretary of State, inclosing a +copy of a report of the International American Conference, recently +in session at this capital, recommending the establishment of an +international American monetary union, and suggesting that the President +be authorized to invite the several American nations to send delegates +to its first meeting in Washington on the first Wednesday of January +next; that authority also be granted for the appointment of three +delegates on the part of the United States, and that an appropriation +be made to meet the necessary expenses. + +I commend these suggestions and hope they will receive the prompt +consideration of Congress. + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _Washington, July 14, 1890_. + +_To the Senate and House of Representatives_: + +I transmit herewith a letter from the Secretary of State, inclosing the +recommendation of the International American Conference with reference +to the adoption by the American Republics of a uniform code of +international law, to which your attention is respectfully directed. + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _Washington, July 14, 1890_. + +_To the Senate and House of Representatives_: + +I transmit herewith a letter from the Secretary of State, inclosing the +recommendations of the International American Conference, recently in +session at this capital, concerning a uniform system of port dues and +consular fees to be adopted by the several American Republics, to which +I invite your attention. + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _July 15, 1890_. + +_To the Senate and House of Representatives_: + +I transmit herewith a letter from the Secretary of State, inclosing +a resolution adopted by the International American Conference for +the erection of a memorial tablet in the diplomatic chamber of the +Department of State to commemorate the meeting of that body. + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _July 15, 1890_. + +_To the Senate and House of Representatives_: + +I transmit herewith, for your information, certain reports on the +subject of extradition adopted by the International American Conference +at its recent sessions in this city. + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _July 15, 1890_. + +_To the Senate and House of Representatives_: + +I transmit two agreements concluded by the commission appointed under +section 14 of the act of March 2, 1889, commonly known as the Cherokee +Commission, with the Citizen band of Pottawatomie Indians and the band +of Absentee Shawnees, respectively, for the cession of certain lands to +the United States. + +Letters from the Secretary of the Interior, the Commissioner of Indian +Affairs, and the Assistant Attorney-General for the Department of the +Interior relating to the same matter are also submitted. + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _July 17, 1890_. + +_To the Senate and House of Representatives_: + +The act making appropriations to provide for the expenses of the +government of the District of Columbia for the fiscal year ending June +30, 1890, provides, among other things, that the President shall appoint +three competent sanitary engineers to examine and report upon the system +of sewerage existing in the District of Columbia, together with such +suggestions and recommendations as may to them seem necessary and +desirable for the modification and extension of the same, which report +was to be transmitted to Congress by the President at its next session. + +In pursuance of the authority thus conferred, on the 17th of August, +1889, I appointed Rudolph Hering, of New York, Samuel M. Gray, of Rhode +Island, and Frederick P. Stearns, of Massachusetts, to make this +examination and report. + +The gentlemen named were believed to have such ability and experience as +sanitary engineers as to guarantee an intelligent and exhaustive study +of the problem submitted to them. + +I transmit herewith their report, which has just been submitted to me, +for the consideration of Congress. + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _July 23, 1890_. + +_To the House of Representatives_: + +In response to the resolution of the House of Representatives requesting +me, if in my judgment not incompatible with the public interest, to +furnish to the House the correspondence since March 4, 1889, between the +Government of the United States and the Government of Great Britain +touching the subjects in dispute in the Bering Sea, I transmit a letter +from the Secretary of State, which is accompanied by the correspondence +referred to in the resolution. + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _July 29, 1890_. + +_To the Senate and House of Representatives_: + +The recent attempt to secure a charter from the State of North Dakota +for a lottery company, the pending effort to obtain from the State of +Louisiana a renewal of the charter of the Louisiana State Lottery, and +the establishment of one or more lottery companies at Mexican towns near +our border have served the good purpose of calling public attention to +an evil of vast proportions. If the baneful effects of the lotteries +were confined to the States that give the companies corporate powers +and a license to conduct the business, the citizens of other States, +being powerless to apply legal remedies, might clear themselves of +responsibility by the use of such moral agencies as were within their +reach. But the case is not so. The people of all the States are +debauched and defrauded. The vast sums of money offered to the States +for charters are drawn from the people of the United States, and the +General Government through its mail system is made the effective and +profitable medium of intercourse between the lottery company and its +victims. The use of the mails is quite as essential to the companies +as the State license. It would be practically impossible for these +companies to exist if the public mails were once effectively closed +against their advertisements and remittances. The use of the mails by +these companies is a prostitution of an agency only intended to serve +the purposes of a legitimate trade and a decent social intercourse. + +It is not necessary, I am sure, for me to attempt to portray the robbery +of the poor and the widespread corruption of public and private morals +which are the necessary incidents of these lottery schemes. + +The national capital has become a subheadquarters of the Louisiana +Lottery Company, and its numerous agents and attorneys are conducting +here a business involving probably a larger use of the mails than that +of any legitimate business enterprise in the District of Columbia. There +seems to be good reason to believe that the corrupting touch of these +agents has been felt by the clerks in the postal service and by some of +the police officers of the District. + +Severe and effective legislation should be promptly enacted to enable +the Post-Office Department to purge the mails of all letters, +newspapers, and circulars relating to the business. + +The letter of the Postmaster-General which I transmit herewith points +out the inadequacy of the existing statutes and suggests legislation +that would be effective. + +It may also be necessary to so regulate the carrying of letters by the +express companies as to prevent the use of those agencies to maintain +communication between the lottery companies and their agents or +customers in other States. + +It does not seem possible that there can be any division of sentiment +as to the propriety of closing the mails against these companies, and +I therefore venture to express the hope that such proper powers as +are necessary to that end will be at once given to the Post-Office +Department. + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _Washington, July 30, 1890_. + +_To the Senate of the United States_: + +I transmit herewith a report from the Acting Secretary of State, in +response to a resolution of the Senate of the 23d instant, calling for +information touching the alleged arrest and imprisonment of A.J. Diaz +by the Cuban authorities and the action which has been taken in respect +thereto. + +It will be seen that Mr. Diaz has been released. + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _August 8, 1890_. + +_To the Senate and House of Representatives_: + +I have received, under date of July 29 ultimo, a communication from Hon. +George W. Steele, governor of the Territory of Oklahoma, in which, among +other things, he says: + + A delegation from township 16, range 1, in this county, has just left + me, who came to represent that there are at this time twenty-eight + families in that township who are in actual need of the necessaries of + life, and they give it as their opinion that their township is not an + exception, and that in the very near future a large proportion of the + settlers of this Territory will have to have assistance. + + This I have looked for, but have hoped to bridge over until after the + legislature meets, when I thought some arrangement might be made for + taking care of these needy people; but with little taxable property in + the Territory, and very many necessary demands to be made and met, I + doubt if the legislature will be able to make such provision until a + crop is raised next year as will be adequate to the demands. * * * + + Now I know whereof I speak, and I say there are a great many people in + this Territory who have not the necessary means of providing meals for + a day to come and are being helped by their very poor neighbors. No one + regrets more than I do the necessity of making the foregoing statement, + and I have hoped to bridge the matter over, as I have said before, + until the legislature would meet and see if some provision could be + made. + + I now see the utter hopelessness of such a course, and I beg of you to + call the attention of Congress to the condition of our people, with the + earnest hope that provision may be made whereby great suffering may be + relieved; and I assure you that so far as I am able to prevent it not + one ounce of provisions or a cent of money contributed to the above + need shall be improperly used. + + +Information received by me from other sources leads me to believe that +Governor Steele is altogether right in his impression that there will +be, unless relief is afforded either by public appropriation or by +organized individual effort, widespread suffering among the settlers +in Oklahoma. Many of these people expended in travel and in providing +shelter for their families all of their accumulated means. The crop +prospects for this year are by reason of drought quite unfavorable, and +the ability of the Territory itself to provide relief must be inadequate +during this year. + +I am advised that there is an unexpended balance of about $45,000 of +the fund appropriated for the relief of the sufferers by flood upon the +Mississippi River and its tributaries, and I recommend that authority be +given to use this fund to meet the most urgent necessities of the poorer +people in Oklahoma. Steps have been taken to ascertain more particularly +the condition of the people throughout the Territory, and if a larger +relief should seem to be necessary the facts will be submitted to +Congress. If the fund to which I have referred should be made available +for relief in Oklahoma, care will be taken that so much of it as is +necessary to be expended shall be judiciously applied to the most worthy +and necessitous cases. + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _Washington, August 15, 1890_. + +_To the Senate_: + +In compliance with the resolution of the Senate of the 26th of July, +1890, calling for all correspondence not already submitted to Congress +and now on file in the Department of State touching the efforts made +by this Government to secure the modification or repeal by the French +Government of its decree of 1881, prohibiting the importation into +France of American pork and kindred American products, I transmit +herewith a report from the Acting Secretary on the subject, with the +accompanying correspondence. + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _September 3, 1890_. + +_To the Senate and House of Representatives_: + +I transmit herewith a letter from the Secretary of State, which is +accompanied by three reports adopted by the conference of American +nations recently in session at Washington, relating to the subject of +international arbitration. The ratification of the treaties contemplated +by these reports will constitute one of the happiest and most hopeful +incidents in the history of the Western Hemisphere. + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _October 1, 1890_. + +_To the House of Representatives_: + +I transmit herewith, in answer to the resolution of the House of +Representatives of August 20, 1890, concerning the enforcement of +proscriptive edicts against the Jews in Russia, a report from the +Secretary of State upon the subject. + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _Washington, October 1, 1890_. + +_To the Senate_: + +In response to the resolution of the Senate of September 17, 1890, +I inclose a report from the Secretary of State, transmitting all the +correspondence found among the files of his Department relating to the +claim of Thomas T. Collins against the Government of Spain. + +BENJ. HARRISON. + + + + +VETO MESSAGES. + + +EXECUTIVE MANSION, _April 26, 1890_. + +_To the House of Representatives_: + +I return herewith without my approval the bill (H.R. 7170) "to authorize +the city of Ogden, Utah, to assume an increased indebtedness," + +The purpose and effect of this bill is to relieve the city of Ogden from +the limitation imposed by the act of July 30, 1886, upon all municipal +corporations in the Territories as to the indebtedness which they may +lawfully contract. The general law fixes the limit of 4 per cent upon +the last assessment for taxation; this bill extends the limit as to the +city of Ogden to 8 per cent. The purposes for which this legislation is +asked are not peculiar or exceptional. They relate to schools, street +improvements, and to sewerage, and are common to every prosperous and +growing town and city. If the argument by which this measure is +supported is adopted, the conclusion should be a repeal or modification +of the general law; but in my opinion the limitation imposed by the act +of 1886 is wise and wholesome and should not be relaxed. + +The report of the governor of Utah for 1889 states the population of +Ogden to be 15,000, the valuation for taxation $7,000,000, and the +existing indebtedness $100,000. It will be noticed that under the +existing limit the city has power to increase its indebtedness +$180,000, which would seem to be enough to make a good beginning in the +construction of sewers, while the cost of street improvements is usually +met in large part by direct assessment upon the property benefited. + +It is assumed in the report of the House committee that any city in +the States similarly situated "would have the making of the needed +improvements within its own power," while the fact is that almost all of +our States have either by their constitutions or statutes limited the +power of municipal corporations to incur indebtedness, and the limit is +generally lower than that fixed by the act regulating this matter in the +Territories. A large city debt retards growth and in the end defeats +the purpose of those who think by mortgaging the future to attract +population and property. I do not doubt that the citizens of Ogden will +ultimately realize that the creation of a municipal debt of over half a +million dollars by a city of 15,000 population--being $37 per capita--is +unwise. + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _April 29, 1890_. + +_To the House of Representatives_: + +I return without my approval the bill (H.R. 848) "to authorize the +construction of an addition to the public building in Dallas, Tex." + +The bill authorizes the construction of a wing or addition to the +present public building at a cost of $200,000. I find that the bill +as originally introduced by the member representing the Congressional +district in which Dallas is situated fixed $100,000 as the limit of +the proposed expenditure, and it was so reported from the Committee +on Public Buildings and Grounds after conferring with the Supervising +Architect of the Treasury. A bill of the same tenor was introduced in +the Senate by one of the Senators from that State, fixing the same +limit of expenditure. + +The public building at Dallas, for which a first appropriation of +$75,000 was made in 1882, subsequently increased to $125,000, was only +completed in 1889. It is probably inadequate now to the convenient +transaction of business, chiefly in that part assigned to the +Post-Office Department. The material and architectural style of any +addition are fixed by the present building and its ground area by +the available unoccupied space, as no provision is made for buying +additional ground. The present building is 85 by 56 feet, and Mr. John +S. Witwer, the postmaster and the custodian of the building, writing +to the Supervising Architect, advises that to meet the present and +prospective needs of the Government an addition at least two-thirds as +large as the present building should be provided. It will be seen from +the following extract from a letter of the Supervising Architect to the +chairman of the Senate Committee on Public Buildings and Grounds, dated +February 17, 1890, that a building larger than that suggested can be +erected within the limit of $100,000. He says: + + From computations made in this office based upon data received it is + found that an extension or wing about 40 by 85 feet in dimensions, three + stories high, with basement, giving 3,400 square feet, in addition to + the 4,760 square feet of the first-floor area of the building, of + fireproof construction, can be erected on the present site within the + limit of cost proposed by said bill, namely, $100,000. + + +It may be possible that an expenditure of $325,000 for a public building +at Dallas, if the questions of site, material, and architecture were all +undetermined, could be defended, but under existing conditions I do not +see how an appropriation of $200,000 can be justified when one-half that +sum is plainly adequate to such relief as the present site allows. + +The legislation for the erection of public buildings has not proceeded, +so far as I can trace it, upon any general rules. Neither population nor +the extent of the public business transacted has always indicated the +points where public buildings should first be built or the cost of the +structures. It can not be expected that, in the absence of some general +law, the committees of Congress having charge of such matters will +proceed in their recommendations upon strict or equal lines. The bills +are individual, and if comparisons are attempted the necessary element +of probable future growth is made to cover all apparent inequalities. It +will be admitted, I am sure, that only a public need should suggest the +expenditure of the public money, and that if all such needs can not be +at once supplied the most general and urgent should have the preference. + +I am not unfriendly to a liberal annual expenditure for the erection of +public buildings where the safe and convenient transaction of the public +business demands it and the state of the revenues will permit. It would +be wiser, in my opinion, to build more and less costly houses and to fix +by general law the amount of the annual expenditure for this purpose and +some order of preference between the cities asking for public buildings. + +But in view of the pending legislation looking to a very large reduction +of our revenues and of the urgency and necessity of a large increase +in our expenditures in certain directions, I am of the opinion that +appropriations for the erection of public buildings and all kindred +expenditures should be kept at the minimum until the effect of other +probable legislation can be accurately measured. + +The erection of a public building is largely a matter of local interest +and convenience, while expenditures for enlarged relief and recognition +to the soldiers and sailors of the war for the preservation of the +Union, for necessary coast defenses, and for the extension of our +commerce with other American States are of universal interest and +involve considerations, not of convenience, but of justice, honor, +safety, and general prosperity. + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _June 4, 1890_. + +_To the Senate of the United States_: + + +I return without my approval the bill (S. 1306) "for the erection of +a public building at Hudson, N.Y." Hudson, from the best information +attainable, is a city of only a little more than 10,000 population. If +the postal receipts are a fair indication of the growth of the city, it +has not been rapid, as they only increased about $4,000 in ten years. +The gross postal receipts for the year 1888 were but $14,809, and the +office force consists of three clerks and five carriers. There are no +other Government officers at Hudson entitled under the law to offices or +to an allowance for rent, unless it be a deputy collector of internal +revenue. + +It appears from the bill and the correspondence with the Supervising +Architect that it is proposed to erect a two-story building, with +fireproof vaults, heating and ventilating apparatus, and elevators, 40 +by 80 feet in dimensions. The ground-floor area of 3,200 feet, to be +devoted to the post-office, would give 400 square feet to each of the +present employees. The second story and the basement, each having the +same area, will be absolutely tenantless, unless authority is given by +law to the custodian to rent the rooms to unofficial tenants. It seems +to me to be very clear that the public needs do not suggest or justify +such an expenditure as is contemplated by this bill. + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _June 12, 1890_. + +_To the House of Representatives_: + +I return without my approval the bill (H.R. 7175) to provide for the +purchase of a site and the erection of a public building thereon at +Tuscaloosa, in the State of Alabama. + +Judged by its postal revenues and by the force employed in the +office, the post-office at Tuscaloosa is not an important one. It has +one clerk, at a salary of $450, and no carriers. The report of the +Postmaster-General shows that the gross receipts for the year 1888 were +$6,379 and the net revenue less than $4,000. The annual receipts have +only increased about $3,000 in ten years. The rent now paid for a +building affording 2,200 square feet of floor space is $275. + +A general proposition to erect public buildings at this scale of expense +in cities of the size of Tuscaloosa would not, I am sure, receive the +sanction of Congress. It would involve the expenditure for buildings of +ten times the present net revenues of such offices, and in the case +under consideration would involve an increased cost for fuel, lights, +and care greater than the rent now paid for the use of a room of ample +size. I would not insist that it must always be shown that a proposed +public building would yield an interest upon the investment, but in +the present uncertain state of the public revenues and expenditures, +resulting from pending and probable legislation, there is, in my +opinion, an absolute necessity that expenditures for public buildings +should be limited to cases where the public needs are very evident and +very imperative. It is clear that this is not such a case. + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _June 17, 1890_. + +_To the Senate of the United States_: + +I return without my approval the bill (S. 1762) "to change the +boundaries of the Uncompahgre Reservation." + +This bill proposes to separate from the Ute Indian Reservation in +Utah and restore to the public domain two ranges of townships along the +east side of the reservation and bordering the Colorado State line. +It is said that these lands are wholly worthless to the Indians for +cultivation or for grazing purposes, and it must follow, I think, that +they are equally worthless for such purposes to white men. + +The object, then, of this legislation is to be sought not in any +public demand for these lands for the use of settlers--for if they +are susceptible of that use the Indians have a clear equity to take +allotments upon them--but in that part of the bill which confirms the +mineral entries, or entries for mineral uses, which have been unlawfully +made "or attempted to be made on said lands." It is evidently a private +and not a public end that is to be promoted. It does not follow, of +course, that this private end may not be wholly meritorious and the +relief sought on behalf of these persons altogether just and proper. +The facts, as I am advised, are that upon these lands there are veins +or beds of asphaltum or gilsonite supposed to be of very great value. + +Entries have been made in that vicinity, but upon public lands, which +lands have been resold for very large amounts. It is not important, +perhaps, that the United States should in parting with these lands +realize their value, but it is essential, I think, that favoritism +should have no part in connection with the sales. The bill confirms all +attempted entries of these mineral lands at the price of $20 per acre +(a price that is suggestive of something unusual) without requiring +evidence of the expenditure of any money upon the claim, or even proof +that the claimant was the discoverer of the deposits. + +The bill requires "good faith," but it will be next to impossible for +the officers of the Interior Department to show actual knowledge on the +part of the claimant of the lines of the reservation. The case will +practically be as to this matter in the hands of the claimant. But why +should good faith at the moment of attempting the entry, without any +requirement of expenditure, and followed, it may be, within twenty-four +hours by actual notice that he was upon a reservation, give an advantage +in the sale of these lands that may represent a very large sum of money? + +In the second place, I do not think it wise, without notice even to the +Indians, to segregate these lands from their reservation. It is true, I +think, that they hold these lands by an Executive order, with a contract +right to take allotments upon them, and that the lands in question are +not likely to be sought as an allotment by any Indian. But the Indians +have been placed on this reservation and its boundaries explained to +them, and to take these lands in this manner is calculated to excite +their distrust and fears, and possibly to create serious trouble. + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _June 20, 1890_. + +_To the House of Representatives_: + +I return without my approval the bill (H.R. 3934) "to authorize the +board of supervisors of Maricopa County, Ariz., to issue certain bonds +in aid of the construction of a certain railroad." + +This bill proposes to confer authority upon the supervisors of the +county of Maricopa to issue county bonds at the rate of $4,000 per mile +in aid of a railroad to be constructed from Phoenix northwardly to the +county line, a distance estimated at 50 miles, but probably somewhat +longer. The bill seems to have passed the House of Representatives under +an entire misapprehension of its true scope and effect. In the brief +report submitted by the Committee on Territories it is said that "by the +terms of the bill the county receives _bonds_ in payment of the money +proposed to be advanced," and in the course of the debate the Delegate +from Arizona mistakenly stated in response to a request for information +that the bill proposed a loan by the county, in exchange for which it +was to receive the bonds of the railroad company. In fact, the bill does +not provide for a loan to be secured by bonds, but for a subscription of +stock. How far this mistake may have affected the passage of the bill +can not of course be known. + +The bill does not submit the question of granting this aid to a vote +of the people of the county, but confers direct authority upon the +supervisors to issue the bonds. It is said, however, that in April, +1889, an election was held to obtain the views of the people upon the +question. It does not appear from any papers submitted to me who were +the managers of this so-called election; what notice, if any, was given; +what qualifications on the part of voters were insisted upon, if any, or +in what form the question was presented. There was no law providing for +such an election. Being wholly voluntary, the election was, of course, +under the management of those who favored the subsidy, and was conducted +without any legal restraints as to the voting or certification. I have +asked for a statement of the vote by precincts, and have been given what +purports to be the vote at twelve points. The total affirmative vote +given was 1,975 and the negative 134. But of the affirmative vote 1,543 +were given at Phoenix and 188 at Tempe, a town very near to Phoenix. If +there were no other objections to this bill, I should deem this alone +sufficient, that no provision is made for submitting to a vote of the +people at an election, after due notice and under the sanction of law, +the question whether this subscription shall be made. + +But again, the bill proposes to suspend for this case two provisions +of the act of Congress of July 30, 1886--first, that provision which +forbids municipal corporations from subscribing to the stock of other +corporations or loaning their credit to such corporations, and, second, +that provision which forbids any municipal corporation from creating a +debt in excess of 4 per cent of its taxable property as fixed by the +last assessment. The condition of things then existing in Arizona had +not a little to do with the enactment by Congress of this law, intended +to give to the people of the Territories that protection against +oppressive municipal debts which was secured to the people of most of +the States by constitutional limitations. The wisdom of this legislation +is not contested by the friends of this bill, but they claim that the +circumstances here are so peculiar as to justify this exception. I do +not think so. In the States the limitation upon municipal indebtedness +is usually placed in the constitution, in order that it may be +inflexible. If a showing of need, gain, or advantage is to overcome the +barrier, then it is scarcely worth while to declare a limitation. Only +a belief that the limit is inflexible will promote care and economy in +administration. If this bill becomes a law, how can Congress refuse to +any county in any of the Territories the right to subscribe to the stock +of a railroad company, especially where the subscription would not +exceed the debt limit, upon a showing of the advantages of better and +cheaper communications? + +Maricopa County is one of great extent. Its northern boundary is 95 +miles long, its southern boundary 66, its eastern 45, and its western +102. This great area is to be taxed to construct a road which can, in +the nature of things, be of advantage to but a fraction of it. There is +no unity of interest or equality of advantage. It may very well be that +a section of these lands along the line of the road, and especially +town lots in Phoenix, would have an added value much greater than the +increased burden imposed, but it is equally clear that much property +in the county will receive no appreciable benefit. + +The existing bonded indebtedness of Maricopa County is $272,000; the tax +assessment of the county is about $5,000,000, and the population is +estimated, by multiplying the vote cast in 1888 by 6, at about 12,000. +It will be seen that the bonded debt, to say nothing of a floating debt, +which is said to be small, is already largely in excess of the legal +limit, and it is proposed to increase it by a subscription that will +certainly involve $200,000, and possibly $250,000. If the bill becomes a +law, the bonded indebtedness will very closely approximate 10 per cent +of the assessed valuation of the property of the county. + +The condition of things in the county of Yavapai, lying immediately +north of Maricopa, and through which this road is also to run, though +not directly affected by this legislation, is very instructive in this +connection. + +By an act of the legislature of Arizona passed the year before the act +of Congress to which I have referred Yavapai County was authorized to +subscribe $4,000 per mile to this line of road. The total length of the +road in the county was 147 miles, and 74 miles, to Prescott, have been +constructed. The secretary of the Territory, in response to an inquiry, +states the debt of Yavapai County at $563,000 and the assessment for +taxation at "between six and seven millions." There are 73 miles of road +yet to be built from the present terminus, Prescott, to the south line +of the county, for which Yavapai County must make a further issue of +bonds of $292,000, making a total county debt of $855,000, or above 13 +per cent upon the taxable assessment (taking that at $6,500,000), and +a per capita county debt of nearly $85, taking the population at about +10,600, as stated in the report of the Senate committee. Surely no one +will insist that the true and permanent prosperity of these communities +will be promoted by loading their energies and their industries with +these great debts. I feel the force of the suggestion that the freight +charges now imposed upon the farm and orchard products of Maricopa +County by the railroads now in operation are oppressive. But this bill +does not afford much relief even in that direction. There would be but +one competing point, viz, Phoenix. At all other points on the proposed +road the people would be subject to the exaction of just such rates as +are demanded by the other lines. If this bill contained some effective +provision to secure reasonable freight rates to the people who are to be +taxed to build the road, it would go far to secure my favorable +consideration for it. + +I have carefully examined the reports of the committees and every +argument that has been submitted to me by the friends of the bill, but +I can not bring myself to believe that the permanent welfare of the +communities affected by it will be promoted by its passage. + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _July 9, 1890_. + +_To the House of Representatives_: + + +I return herewith without my approval the bill (H.R. 5974) entitled "An +act extending the time of payment to purchasers of land of the Omaha +tribe of Indians in Nebraska, and for other purposes." + +The United States holds the legal title of these lands, which have been +sold for the benefit of the Omaha Indians to secure the unpaid purchase +money, the time of payment of which it is proposed by this act to +extend. There is no objection that I know of, either on the part of +the United States or of the Indians, to the extension of the unpaid +installments due from purchasers. This relief is probably due to the +purchasers. The bill, however, contains the following provision: + + That all the lands the payment for which is hereby extended shall be + subject to taxation in all respects by and in the State of Nebraska + as if fully paid for and patents issued. + + +Now, while it is entirely proper that the interest of the purchasers in +these lands should share the burdens of the communities in which the +lands are located, the title of the United States and the beneficial +interest of the Indians in the lands should not be subjected to sale for +the delinquency of the purchasers in paying tax assessments levied upon +the lands. The effect of the provision which has been quoted would, in +my opinion, give to the purchaser at a tax sale a title superior to +the lien of the Government for purchase money. The bill should have +contained a proviso that only the interest of the purchasers from the +Government could be sold for taxes, and that the tax sale should be +subject to the lien of the United States for unpaid purchase money. + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _September 30, 1890_. + +_To the House of Representatives_: + +I return herewith without my approval the joint resolution (H. Res. +No. 39) declaring the retirement of Captain Charles B. Stivers, of the +United States Army, legal and valid, and that he is entitled as such +officer to his pay. + +Captain Stivers was dismissed the service summarily by order of the +President on July 15, 1863. A subsequent examination into the causes +leading to this action seems to have satisfied the President that an +injustice had been done to the officer, and on the 11th day of August, +1863, an order was issued revoking the order of dismissal and restoring +Captain Stivers to duty as an officer of the Army. On December 30, 1864, +by a proper order from the War Department, after examination, Captain +Stivers was placed upon the retired list of the Army. + +The Supreme Court has decided in the case of The United States _vs_. +Corson (114 U.S. Reports, 619): + +First. That at the time of the issuance of the order of dismissal the +President had authority under the law to summarily dismiss an officer, +and that the effect of such an order was absolutely to separate the +officer from the service. + +Second. That having been thus separated from the service he could not be +restored except by nomination to the Senate and its advice and consent +to the appointment. + +Mr. Garland, as Attorney-General, gave an opinion to the Secretary of +War in the case of Captain Stivers, based upon the decision of the +Supreme Court to which I have referred, holding that Captain Stivers +was not an officer on the retired list of the Army. The present +Attorney-General, with whom I have conferred, takes the same view +of the law. Indeed, the decision of the Supreme Court to which I have +referred is so exactly in point that there can be no doubt as to the law +of the case. It is undoubtedly competent for Congress by act or joint +resolution to authorize the President, by and with the advice of the +Senate, to appoint Captain Stivers to be a captain in the Army of the +United States and to place him upon the retired list. It is also +perfectly competent by suitable legislation for Congress to give to this +officer the pay of his grade during the interval of time when he was +improperly carried upon the army lists. But the joint resolution which +I herewith return does not attempt to deal with the case in that way. +It undertakes to declare that the retirement of Captain Stivers was +legal and valid and that he always has been and is entitled to his pay +as such officer. I do not think this is a competent method of giving the +relief intended. The retirement under the law as it then existed was not +legal and valid, as the highest judicial tribunal under the Constitution +has declared, for the reason that Captain Stivers was not then an +officer on the active list. That being so, it follows, of course, that +he was not entitled to draw the pay of an office he did not hold. + +The relief should have taken the form usual in such cases, which is to +authorize the appointment of the officer to a place made for him on the +retired list. + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _October 1, 1890_. + +_To the Senate_: + +I return to the Senate without my approval the bill (S. 473) "for the +relief of the Portland Company, of Portland, Me." + +This bill confers upon the Court of Claims jurisdiction to inquire into +and determine how much certain steam machinery built for the United +States under contract, and to be used in the vessels _Agawam_ and +_Pontoosuc_, cost the contractors over and above the contract price and +any allowances for extra work which have been made, and requires the +court to enter judgment in favor of the claimant for the excess of cost +above such contract price and allowances. + +The bill differs from others which have been presented to me, and one of +which I have approved, in that it does not make the further allowance to +the contractors contingent upon the fact that the additional expense was +the result of the acts of the Government through its officers' causing +delays and increased cost in the construction of the work. + +The bill in effect directs the court to ignore the contract entirely, +except as payments under it are to be treated as credits, and to allow +the contractors the cost of the work, and that without reference to +their own negligence or want of skill in executing the work. There would +seem to be no object in the Government's making a contract for work if +the contract is only to be binding upon the parties in the event that +the contractor realizes a profit. + +I can not give my approval to the proposition applied here, which if +allowed here should be given general application, that every contractor +with the Government who during the early days of the war failed to +realize, by reason of increase in the cost of labor and materials, a +profit upon the contract shall now have access to the Court of Claims +to recover upon the _quantum meruit_ the cost of the work. + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _October 1, 1890_. + +_To the Senate_: + +I return without my approval Senate bill No. 1857, "for the relief of +Charles P. Chouteau, survivor of Chouteau, Harrison & Valle." + +This claim has been once presented to the Court of Claims and fully +heard. This bill authorizes a rehearing. I find upon examination that +every fact connected with the case necessary to the determination of the +question whether the claim should be appropriated for has already been +found and stated by the Court of Claims in a published opinion. Judgment +was given against the claimant upon the ground that a settlement had +been made and a receipt given in full. If in the opinion of Congress +this receipt, given under the circumstances which accompanied it, should +not be held a bar to such further appropriation as is equitable, all the +facts have been found that can be necessary to determine the question +what further payment should be made to the contractors. There can be no +reason, as it seems to me, for a retrial of the case in the Court of +Claims in the absence of any showing of newly discovered evidence. The +result would only differ from the result already obtained in that under +the bill which I return the court would enter a judgment instead of a +finding, and the judgment could only be paid after Congressional action. + +The finding which has already been made, as I have said, is a complete +basis for any such action as Congress may think should be taken in the +premises. + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _October 7, 1890_. + +_To the Senate_: + +I return without my approval the bill (S. 3830) "to prohibit bookmaking +of any kind and pool selling in the District of Columbia for the purpose +of gaming." + +My objection to the bill is that it does not prohibit bookmaking and +pool selling, but, on the contrary, expressly saves from the operation +of its prohibitions and penalties the Washington Jockey Club "and any +other regular organizations owning race tracks no less than 1 mile in +length," etc. + +If this form of gambling is to be prohibited, as I think it should be, +the penalties should include all persons and all places. + +BENJ. HARRISON. + + + + +PROCLAMATIONS. + + +BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. + +A PROCLAMATION. + +Whereas it is provided in the act of Congress approved March 2, 1889, +entitled "An act to divide a portion of the reservation of the Sioux +Nation of Indians in Dakota into separate reservations and to secure +the relinquishment of the Indian title to the remainder, and for other +purposes"-- + + That this act shall take effect only upon the acceptance thereof and + consent thereto by the different bands of the Sioux Nation of Indians, + in manner and form prescribed by the twelfth article of the treaty + between the United States and said Sioux Indians concluded April 29, + 1868, which said acceptance and consent shall be made known by + proclamation by the President of the United States, upon satisfactory + proof presented to him that the same has been obtained in the manner and + form required by said twelfth article of said treaty, which proof shall + be presented to him within one year from the passage of this act; and + upon failure of such proof and proclamation this act becomes of no + effect and null and void. + + +And whereas satisfactory proof has been presented to me that the +acceptance of and consent to the provisions of the said act by the +different bands of the Sioux Nation of Indians have been obtained in +manner and form as therein required: + +Now, therefore, I, Benjamin Harrison, President of the United States, by +virtue of the power in me vested, do hereby make known and proclaim the +acceptance of said act by the different bands of the Sioux Nation of +Indians and the consent thereto by them as required by the act, and said +act is hereby declared to be in full force and effect, subject to all +the provisions, conditions, limitations, and restrictions therein +contained. + +All persons will take notice of the provisions of said act and of the +conditions, limitations, and restrictions therein contained, and be +governed accordingly. + +I furthermore notify all persons to particularly observe that by said +act certain tracts or portions of the Great Reservation of the Sioux +Nation in the Territory of Dakota, as described by metes and bounds, +are set apart as separate and permanent reservations for the Indians +receiving rations and annuities at the respective agencies therein +named. + +That any Indian receiving and entitled to rations and annuities at +either of the agencies mentioned in this act at the time the same shall +take effect, but residing upon any portion of said Great Reservation not +included in either of the separate reservations herein established, may +at his option, within one year from the time when this act shall take +effect, and within one year after he has been notified of his said right +of option, in such manner as the Secretary of the Interior shall direct, +by recording his election with the proper agent at the agency to which +he belongs, have the allotment to which he would be otherwise entitled +on one of said separate reservations upon the land where such Indian may +then reside. + +That each member or the Ponca tribe of Indians now occupying a part of +the old Ponca Reservation, within the limits of the said Great Sioux +Reservation, shall be entitled to allotments upon said old Ponca +Reservation in quantities as therein set forth, and that when allotments +to the Ponca tribe of Indians and to such other Indians as allotments +are provided for by this act shall have been made upon that portion of +said reservation which is described in the act entitled "An act to +extend the northern boundary of the State of Nebraska," approved March +28, 1882, the President shall, in pursuance of said act, declare that +the Indian title is extinguished to all lands described in said act not +so allotted hereunder, and thereupon all of said land not so allotted +and included in said act of March 28, 1882, shall be open to settlement +as provided in this act. + +That protection is guaranteed to such Indians as may have taken +allotments either within or without the said separate reservations under +the provisions of the treaty with the Great Sioux Nation concluded April +29, 1868; and that provision is made in said act for the release of all +title on the part of said Indians receiving rations and annuities on +each separate reservation to the lands described in each of the other +separate reservations, and to confirm in the Indians entitled to receive +rations at each of said separate reservations, respectively, to their +separate and exclusive use and benefit, all the title and interest of +every name and nature secured to the different bands of the Sioux Nation +by said treaty of April 29, 1868; and that said release shall not affect +the title of any individual Indian to his separate allotment of land +not included in any of said separate reservations, nor any agreement +heretofore made with the Chicago, Milwaukee and St. Paul Railroad +Company or the Dakota Central Railroad Company respecting certain lands +for right of way, station grounds, etc., regarding which certain prior +rights and privileges are reserved to and for the use of said railroad +companies, respectively, upon the terms and conditions set forth in said +act. + +That it is therein provided that if any land in said Great Sioux +Reservation is occupied and used by any religious society at the date +of said act for the purpose of missionary or educational work among the +Indians, whether situate outside of or within the limits of any of the +separate reservations, the same, not exceeding 160 acres in any one +tract, shall be granted to said society for the purposes and upon the +terms and conditions therein named; and + +Subject to all the conditions and limitations in said act contained, it +is therein provided that all the lands in the Great Sioux Reservation +outside of the separate reservations described in said act, except +American Island, Farm Island, and Niobrara Island, regarding which +islands special provisions are therein made, and sections 16 and 36 in +each township thereof (which are reserved for school purposes), shall +be disposed of by the United States, upon the terms, at the price, and +in the manner therein set forth, to actual settlers only, under the +provisions of the homestead law (except section 2301 thereof) and under +the law relating to town sites. + +That section 23 of said act provides-- + + That all persons who, between the 27th day of February, 1885, and the + 17th day of April, 1885, in good faith entered upon or made settlements + with intent to enter the same under the homestead or preemption laws of + the United States upon any part of the Great Sioux Reservation lying + east of the Missouri River, and known as the Crow Creek and Winnebago + Reservation, which by the President's proclamation of date February 27, + 1885, was declared to be open to settlement, and not included in the + new reservation established by section 6 of this act, and who, being + otherwise legally entitled to make such entries, located or attempted + to locate thereon homestead, preemption, or town-site claims by actual + settlement and improvement of any portion of such lands, shall for a + period of ninety days after the proclamation of the President required + to be made by this act have a right to reenter upon said claims and + procure title thereto under the homestead or preemption laws of the + United States and complete the same as required therein, and their said + claims shall for such time have a preference over later entries; and + when they shall have in other respects shown themselves entitled and + shall have complied with the law regulating such entries, and, as to + homesteads, with the special provisions of this act, they shall be + entitled to have said lands, and patents therefor shall be issued as in + like cases: _Provided_, That preemption claimants shall reside on their + lands the same length of time before procuring title as homestead + claimants under this act. The price to be paid for town-site entries + shall be such as is required by law in other cases, and shall be paid + into the general fund provided for by this act. + + +It is furthermore hereby made known that there has been and is hereby +reserved from entry or settlement that tract of land now occupied by the +agency and school buildings at the Lower Brule Agency, to wit: + +The west half of the southwest quarter of section 24, the east half of +the southeast quarter of section 23, the west half of the northwest +quarter of section 25, the east half of the northeast quarter of section +26, and the northwest fractional quarter of the southeast quarter of +section 26, all in township 104 north of range 72 west of the fifth +principal meridian. + +That there is also reserved as aforesaid the following-described tract +within which the Cheyenne River Agency, school, and certain other +buildings are located, to wit: Commencing at a point in the center of +the main channel of the Missouri River opposite Deep Creek, about 3 +miles south of Cheyenne River; thence due west 5-1/2 miles; thence due +north to the Cheyenne River; thence down said river to the center of the +main channel thereof to a point in the center of the Missouri River due +east or opposite the mouth of said Cheyenne River; thence down the +center of the main channel of the Missouri River to the place of +beginning. + +That in pursuance of the provisions contained in section 1 of said act +the tract of land situate in the State of Nebraska and described in +said act as follows, to wit: "Beginning at a point on the boundary +line between the State of Nebraska and the Territory of Dakota where +the range line between ranges 44 and 45 west of the sixth principal +meridian, in the Territory of Dakota, intersects said boundary line; +thence east along said boundary line 5 miles; thence due south 5 miles; +thence due west 10 miles; thence due north to said boundary line; thence +due east along said boundary line to the place of beginning," same is +continued in a state of reservation so long as it may be needed for the +use and protection of the Indians receiving rations and annuities at the +Pine Ridge Agency. + +Warning is hereby also expressly given to all persons not to enter or +make settlement upon any of the tracts of land specially reserved by the +terms of said act or by this proclamation, or any portion of any tracts +of land to which any individual member of either of the bands of the +Great Sioux Nation or the Ponca tribe of Indians shall have a preference +right under the provisions of said act; and further, to in no wise +interfere with the occupancy of any of said tracts by any of said +Indians, or in any manner to disturb, molest, or prevent the peaceful +possession of said tracts by them. + +The surveys required to be made of the lands to be restored to the +public domain under the provisions of the said act and as in this +proclamation set forth will be commenced and executed as early as +possible. + +In witness whereof I have hereunto set my hand and caused the seal of +the United States to be affixed. + +[SEAL.] + +Done at the city of Washington, this 10th day of February, A.D. 1890, +and of the Independence of the United States the one hundred and +fourteenth. + +BENJ. HARRISON. + +By the President: + JAMES G. BLAINE, + _Secretary of State_. + + + +BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. + +A PROCLAMATION. + +Whereas that portion of the Indian Territory commonly known as the +Cherokee Strip or Outlet has been for some years in the occupancy of an +association or associations of white persons under certain contracts +said to have been made with the Cherokee Nation, in the nature of a +lease or leases for grazing purposes; and + +Whereas an opinion has been given to me by the Attorney-General, +concurring with the opinion given to my predecessor by the late +Attorney-General, that whatever the right or title of said Cherokee +Nation or of the United States to or in said lands may be, no right +exists in said Cherokee Nation under the statutes of the United States +to make such leases or grazing contracts, and that such contracts are +wholly illegal and void; and + +Whereas the continued use of said lands thereunder for grazing purposes +is prejudicial to the public interests: + +Now, therefore, I, Benjamin Harrison, President of the United States, do +hereby proclaim and give notice-- + +First. That no cattle or live stock shall hereafter be brought upon said +lands for herding or grazing thereon. + +Second. That all cattle and other live stock now on said outlet must be +removed therefrom not later than October 1, 1890, and so much sooner as +said lands or any of them may be or become lawfully open to settlement +by citizens of the United States; and that all persons connected with +said cattle companies or associations must, not later than the time +above indicated, depart from said lands. + +In witness whereof I have hereunto set my hand and caused the seal of +the United States to be affixed. + +[SEAL.] + +Done at the city of Washington, this 17th day of February, A.D. 1890, +and of the Independence of the United States of America the one hundred +and fourteenth. + +BENJ. HARRISON. + +By the President: + JAMES G. BLAINE, + _Secretary of State_. + + + +BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. + +A PROCLAMATION. + +The following provisions of the laws of the United States are hereby +published for the information of all concerned: + +Section 1956, Revised Statutes, chapter 3, Title XXIII, enacts that-- + + No person shall kill any otter, mink, marten, sable, or fur seal, or + other fur-bearing animal within the limits of Alaska Territory or in + the waters thereof; and every person guilty thereof shall for each + offense be fined not less than $200 nor more than $1,000, or imprisoned + not more than six months, or both; and all vessels, their tackle, + apparel, furniture, and cargo, found engaged in violation of this + section shall be forfeited; but the Secretary of the Treasury shall + have power to authorize the killing of any such mink, marten, sable, or + other fur-bearing animal, except fur seals, under such regulations as + he may prescribe; and it shall be the duty of the Secretary to prevent + the killing of any fur seal and to provide for the execution of the + provisions of this section until it is otherwise provided by law, nor + shall he grant any special privileges under this section. + + * * * * * + + +Section 3 of the act entitled "An act to provide for the protection of +the salmon fisheries of Alaska," approved March 2, 1889, provides that-- + + SEC. 3. That section 1956 of the Revised Statutes of the United States + is hereby declared to include and apply to all the dominion of the + United States in the waters of Bering Sea, and it shall be the duty of + the President at a timely season in each year to issue his proclamation, + and cause the same to be published for one month in at least one + newspaper (if any such there be) published at each United States port of + entry on the Pacific coast, warning all persons against entering such + waters for the purpose of violating the provisions of said section, + and he shall also cause one or more vessels of the United States to + diligently cruise said waters and arrest all persons and seize all + vessels found to be or to have been engaged in any violation of the + laws of the United States therein. + + +Now, therefore, I, Benjamin Harrison, President of the United States, +pursuant to the above-recited statutes, hereby warn all persons against +entering the waters of Bering Sea within the dominion of the United +States for the purpose of violating the provisions of said section 1956, +Revised Statutes; and I hereby proclaim that all persons found to be or +have been engaged in any violation of the laws of the United States in +said waters will be arrested and punished as above provided, and that +all vessels so employed, their tackle, apparel, furniture, and cargoes, +will be seized and forfeited. + +In testimony whereof I have hereunto set my hand and caused the seal of +the United States to be affixed. + +[SEAL.] + +Done at the city of Washington, this 15th day of March, 1890, and of the +Independence of the United States the one hundred and fourteenth. + +BENJ. HARRISON. + +By the President: + JAMES G. BLAINE, + _Secretary of State_. + + + +PROCLAMATION. + +SEPTEMBER 19, 1890. + +_To whom it may concern_: + +Whereas it has been represented to me that by reason of the drought +which has prevailed in the Indian Territory and in the adjoining States +the execution of my proclamation of February 17, 1890, requiring the +removal of all live stock from the Cherokee Outlet on or before October +1 would work great hardship and loss, not only to the owners of stock +herded upon the strip, but to the owners of cattle in the adjoining +States; and + +Whereas the owners of all cattle now herded upon the outlet have +submitted to me a proposition in writing whereby they agree to remove +one-half of their stock from the outlet on or before November 1 and +the residue thereof and all their property and employees on or before +December 1 next, and to abandon all claims in said outlet: + +Now, therefore, I, Benjamin Harrison, President of the United States, do +give notice and proclaim that the time heretofore fixed for the removal +of the live stock herded upon said outlet is extended to November 1 as +to one-half thereof and to December 1 next as to the residue thereof and +as to all property and employees. + +BENJ. HARRISON. + + + +BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. + +A PROCLAMATION. + +Whereas it is provided in the act of Congress entitled "An act to extend +the northern boundary of the State of Nebraska," approved March 28, 1882-- + + That the northern boundary of the State of Nebraska shall be, and hereby + is, subject to the provisions hereinafter contained, extended so as to + include all that portion of the Territory of Dakota lying south of the + forty-third parallel of north latitude and east of the Keya Paha River + and west of the main channel of the Missouri River; and when the Indian + title to the lands thus described shall be extinguished the jurisdiction + over said lands shall be, and hereby is, ceded to the State of Nebraska, + and subject to all the conditions and limitations provided in the act of + Congress admitting Nebraska into the Union, and the northern boundary of + the State shall be extended to said forty-third parallel as fully and + effectually as if said lands had been included in the boundaries of said + State at the time of its admission to the Union; reserving to the United + States the original right of soil in said lands and of disposing of the + same: _Provided_, That this act, so far as jurisdiction is concerned, + shall not take effect until the President shall by proclamation declare + that the Indian title to said lands has been extinguished, nor shall + it take effect until the State of Nebraska shall have assented to the + provisions of this act; and if the State of Nebraska shall not by an + act of its legislature consent to the provisions of this act within two + years next after the passage hereof this act shall cease and be of no + effect. + + +And whereas by section 13 of the act entitled "An act to divide a +portion of the reservation of the Sioux Nation of Indians in Dakota into +separate reservations and to secure the relinquishment of the Indian +title to the remainder, and for other purposes," approved March 2, 1889, +it is provided-- + + That when the allotments to the Ponca tribe of Indians and to such + other Indians as allotments are provided for by this act shall have + been made upon that portion of said reservation which is described in + the act entitled "An act to extend the northern boundary of the State + of Nebraska," approved March 28, 1882, the President shall, in pursuance + of said act, declare that the Indian title is extinguished to all lands + described in said act not so allotted hereunder, and thereupon all of + said land not so allotted and included in said act of March 28, 1882, + shall be open to settlement as provided in this act: _Provided_, That + the allotments to Ponca and other Indians authorized by this act to be + made upon the land described in the said act entitled "An act to extend + the northern boundary of the State of Nebraska" shall be made within + six months from the time this act shall take effect. + + +And whereas the State of Nebraska, by an act of its legislature approved +May 23, 1882, entitled "An act declaring the assent of the State of +Nebraska to an act of Congress of the United States entitled 'An act to +extend the northern boundary of the State of Nebraska,' approved March +28, 1882," assented to and accepted the provisions of said act of +Congress approved March 28, 1882; and + +Whereas allotments have been made to the Ponca tribe of Indians under +and in accordance with the provisions of said section 13 of the act +of March 2, 1889, and no other Indians having selected or applied for +allotments upon that portion of the reservation of the Sioux Nation of +Indians described in the act of March 28, 1882, aforesaid, and the six +months' limit of time within which said allotments were authorized to +be made having expired on the 10th day of August, 1890: + +Now, therefore, I, Benjamin Harrison, President of the United States, +by virtue of the power in me vested by the act (section 13) of March 2, +1889, aforesaid, and in pursuance of the act of March 28, 1882, +aforesaid, do hereby declare that the Indian title is extinguished to +all lands described in said act of March 28, 1882, not allotted to +the Ponca tribe of Indians as aforesaid and shown upon a schedule, +in duplicate, of allotments made and certified jointly by George P. +Litchfield, United States special agent, and James E. Helms, United +States Indian agent, July 31, 1890, and approved by the Acting +Commissioner of Indian Affairs October 14, 1890, and by the Acting +Secretary of the Interior October 22, 1890, one copy of which schedule +of allotments is now on file in the office of the Commissioner of Indian +Affairs and the other in the office of the Commissioner of the General +Land Office, Department of the Interior. + +Be it known, however, that there is hereby reserved from entry or +settlement that tract of land now occupied by the agency and school +buildings of the old Ponca Agency, to wit: The south half of the +southeast quarter of section 26 and the south half of the southwest +quarter of section 25, all in township 32 north, range 7 west of the +sixth principal meridian. + +In witness whereof I have hereunto set my hand and caused the seal of +the United States to be affixed. + +[SEAL.] + +Done at the city of Washington, this 23d day of October, A.D. 1890, and +of the Independence of the United States the one hundred and fifteenth. + +BENJ. HARRISON. + +By the President: + ALVEY A. ADEE, + _Acting Secretary of State_. + + + +BY THE PRESIDENT OF THE UNITED STATES. + +A PROCLAMATION. + +By the grace and favor of Almighty God the people of this nation have +been led to the closing days of the passing year, which has been full +of the blessings of peace and the comforts of plenty. Bountiful +compensation has come to us for the work of our minds and of our hands +in every department of human industry. + +Now, therefore, I, Benjamin Harrison, President of the United States of +America, do hereby appoint Thursday, the 27th day of the present month +of November, to be observed as a day of prayer and thanksgiving; and +I do invite the people upon that day to cease from their labors, to +meet in their accustomed houses of worship, and to join in rendering +gratitude and praise to our beneficent Creator for the rich blessings +He has granted to us as a nation and in invoking the continuance of His +protection and grace for the future. I commend to my fellow-citizens the +privilege of remembering the poor, the homeless, and the sorrowful. Let +us endeavor to merit the promised recompense of charity and the gracious +acceptance of our praise. + +In testimony whereof I have hereunto set my hand and caused the seal of +the United States to be affixed. + +[SEAL.] + +Done at the city of Washington, this 8th day of November, A.D. 1890, and +of the Independence of the United States the one hundred and fifteenth. + +BENJ. HARRISON. + +By the President: + JAMES G. BLAINE, + _Secretary of State_. + + + +BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. + +A PROCLAMATION. + +Whereas an act of Congress in regard to collision at sea was approved +September 4, 1890, the said act being in the following words: + + _Be it enacted by the Senate and House of Representatives of the United + States of America in Congress assembled_, That in every case of + collision between two vessels it shall be the duty of the master or + person in charge of each vessel, if and so far as he can do so without + serious danger to his own vessel, crew, and passengers (if any), to stay + by the other vessel until he has ascertained that she has no need of + further assistance, and to render to the other vessel, her master, crew, + and passengers (if any), such assistance as may be practicable and as + may be necessary in order to save them from any danger caused by the + collision, and also to give to the master or person in charge of the + other vessel the name of his own vessel and her port of registry, or the + port or place to which she belongs, and also the name of the ports and + places from which and to which she is bound. If he fails so to do, and + no reasonable cause for such failure is shown, the collision shall, in + the absence of proof to the contrary, be deemed to have been caused by + his wrongful act, neglect, or default. + + SEC. 2. That every master or person in charge of a United States vessel + who fails, without reasonable cause, to render such assistance or give + such information as aforesaid shall be deemed guilty of a misdemeanor, + and shall be liable to a penalty of $1,000 or imprisonment for a term + not exceeding two years; and for the above sum the vessel shall be + liable and may be seized and proceeded against by process in any + district court of the United States by any person; one half such sum to + be payable to the informer and the other half to the United States. + + SEC. 3. That this act shall take effect at a time to be fixed by the + President by proclamation issued for that purpose. + + +And whereas it is provided by section 3 of the said act that it shall +take effect at a time to be fixed by the President by proclamation +issued for that purpose: + +Now, therefore, I, Benjamin Harrison, President of the United States of +America, do hereby, in virtue of the authority vested in me by section 3 +of the said act, proclaim the 15th day of December, 1890, as the day on +which the said act shall take effect. + +In testimony whereof I have hereunto set my hand and caused the seal of +the United States of America to be affixed. + +Done at the city of Washington, this 18th day of November, A.D. 1890, +and of the Independence of the United States the one hundred and +fifteenth. + +[SEAL.] + +BENJ. HARRISON. + +By the President: + JAMES G. BLAINE, + _Secretary of State_. + + + + +EXECUTIVE ORDERS. + + +AMENDMENT OF CIVIL-SERVICE RULES. + +Special Departmental Rule No. 1 is hereby amended so as to include among +the exceptions from examination in the Department of Agriculture the +following: + + Scientific or professional experts to be employed in investigations + specially authorized by Congress, but not to include any persons + regularly employed in that Department nor any persons whose duties + are not scientific or professional, and who are not experts in the + particular line of scientific or professional inquiry in which they + are to be employed. + + +Approved, January 29, 1890. + +BENJ. HARRISON. + + + +AMENDMENTS OF CIVIL-SERVICE RULES. + +Section 1 of Postal Rule II is hereby amended by adding to the subjects +of the clerk examination the following: "Reading addresses and physical +tests;" and to the subjects of carrier examination the following: +"Reading addresses." + +Approved, January 29, 1890. + +BENJ. HARRISON. + + + +AMENDMENT OF CIVIL-SERVICE RULES. + +Special Customs Rule No. 1 is hereby amended by adding thereto the +following: + + In the customs district of New York: Detectives employed exclusively + as such. + + +Approved, March 10, 1890. + +BENJ. HARRISON. + + + +AMENDMENT OF CIVIL-SERVICE RULES. + +That part of Special Departmental Rule No. 1 relating to the Coast and +Geodetic Survey, as printed on page 66 of the Fifth Annual Report of the +Commission, is hereby amended by striking out in line 3, after the word +"to," the words "general office assistant," and inserting in lieu +thereof the words "assistant in charge of office and topography;" so +that as amended the clause will read: "confidential clerk to assistant +in charge of office and topography." + +Approved, March 10, 1890. + +BENJ. HARRISON. + + + +AMENDMENTS OF CIVIL-SERVICE RULES. + +MARCH 28, 1890. + +Departmental Rule VII is hereby amended by adding thereto the following +section, to be numbered 7: + + 7. In case of temporary absence, from sickness or other unavoidable + cause, of clerks, copyists, or employees of other grades for which + examinations are held, there may be certified in the manner provided + for in this rule, and employed under such regulations as the heads of + the several Departments shall prescribe, substitutes for such clerks, + copyists, or other employees so absent; and such substitutes so employed + in any Department shall be appointed in the order of their employment + as substitutes to the regular grades of that Department without further + certification as vacancies to which they are eligible may occur therein + while so employed as substitutes, every such appointment to be at once + reported to the Commission: _Provided_, That no person while employed + as a substitute in one Department shall be certified as a substitute to + any other Department, and that no person employed as a substitute shall + by reason of such employment be deprived of any right of certification + for a regular place to which he maybe entitled under the rules: _And + provided further_, That service rendered as a substitute shall not be + ground for reinstatement under Departmental Rule X. The time during + which any substitute who shall be appointed to a regular place is + actually employed as such shall be counted as a part of his period of + probation. No substitute shall be employed in any Department otherwise + than as herein provided. + + +Special Departmental Rule No. 2 is hereby revoked. + +BENJ. HARRISON. + + + +[From McPherson's Hand Book of Politics for 1890.] + +EXECUTIVE MANSION, _April 24, 1890_. + +_To the Attorney-General_: + +I have had frequent occasion during the last six months to confer +with you in reference to the obstructions offered in the counties of +Leon, Gadsden, Madison, and Jefferson, in the State of Florida, to +the execution of the process of the courts of the United States. It is +not necessary to say more of the situation than that the officers of +the United States are not suffered freely to exercise their lawful +functions. This condition of things can not be longer tolerated. You +will therefore instruct United States Marshal Weeks as soon as he has +qualified to proceed at once to execute such writs of arrest as may be +placed in his hands. If he apprehends resistance, he will employ such +civil posse as may seem adequate to discourage resistance or to overcome +it. He should proceed with calmness and moderation, which should always +attend a public officer in the execution of his duty, and at the same +time with a firmness and courage that will impress the lawless with +a wholesome sense of the dangers and futility of resistance. You will +assure the officers of the law and those who have foolishly and wickedly +thought to set the law at defiance that every resource lodged with the +Executive by the Constitution and the laws will as the necessity arises +be employed to make it safe and feasible to hold a Federal commission +and to execute the duties it imposes. + +Very respectfully, + +BENJ. HARRISON. + + + +BY THE PRESIDENT OF THE UNITED STATES. + +EXECUTIVE ORDER. + +EXECUTIVE MANSION, _May 27, 1890_. + +_It is hereby ordered_, That the several Executive Departments and the +Government Printing Office be closed on Friday, the 30th instant, to +enable the employees to participate in the decoration of the graves of +the soldiers and sailors who fell in defense of the Union during the +War of the Rebellion. + +BENJ. HARRISON. + + + +AMENDMENT OF CIVIL-SERVICE RULES. + +UNITED STATES CIVIL SERVICE COMMISSION, + _Washington, D.C., May 31, 1890_. + +The PRESIDENT. + +SIR: This Commission has the honor to recommend that Special +Departmental Rule No. 1 be amended by adding to the exceptions from +examination therein declared the following: + +"In the Department of the Treasury, in the life-saving service: +Topographer and hydrographer." + +We have the honor to be, your obedient servants, + +CHAS. LYMAN, + THEODORE ROOSEVELT, + HUGH S. THOMPSON, + _United States Civil Service Commissioners_. + +Approved, June 3, 1890. + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _Washington, July 14, 1890_.[10] + +The death of John C. Fremont, a major-general on the retired list of +the Army of the United States, is an event calling for some appropriate +expression of the national sorrow and of a grateful appreciation of his +public services. His career was full of adventurous and useful discovery +and of devoted and conspicuous service both in civil and military +affairs. He opened the passes of the Rocky Mountains and gave value to +his discoveries by aiding to create an American State on the Pacific +Coast. + +_It is therefore ordered_, That the national flag be displayed at +half-mast upon all the buildings of the Executive Departments in this +city until after the funeral shall have taken place. + +By direction of the President: + +E.W. HALFORD, + _Private Secretary_. + +[Footnote 10: Addressed to the heads of the Executive Departments, etc.] + + + +AMENDMENTS OF CIVIL-SERVICE RULES. + +Departmental Rule VIII, section 1, clause (_b_), is hereby amended +by inserting after the word "transacted" the following: "and from +the office of the Solicitor of the Treasury;" and after the word +"Department" where it last occurs the following: "or to said office;" +so that as amended the clause will read: + + (_b_) From a bureau of the Treasury Department in which business + relating to the customs is transacted and from the office of the + Solicitor of the Treasury to a classified customs district, and from + such a district to such a bureau of the Treasury Department or to said + office, upon requisition by the Secretary of the Treasury. + + +Approved, July 23, 1890. + +BENJ. HARRISON. + + + +AMENDMENT OF CIVIL-SERVICE RULES. + +JULY 30, 1890. + +Special Departmental Rule No. 1 is hereby amended by adding to the +places excepted from examination in the Department of Agriculture the +following: + + Wood engravers. + + +BENJ. HARRISON. + + + +AMENDMENT OF CIVIL-SERVICE RULES. + +SEPTEMBER 2, 1890. + +Special Departmental Rule No. 1 is hereby amended by adding to the +places excepted from examination therein the following: + + In the Post-Office Department, office of the Postmaster-General: + Stenographer as confidential clerk to the chief post-office + inspector. + + +BENJ. HARRISON. + + + +AMENDMENT OF CIVIL-SERVICE RULES. + +OCTOBER 31, 1890. + +Section 7 of Railway Mail Rule IV is hereby amended by inserting in line +7, after the word "days," the following: "or until the emergency ceases." + +BENJ. HARRISON. + + + + +SECOND ANNUAL MESSAGE. + + +EXECUTIVE MANSION, _December 7, 1890_. + +_To the Senate and House of Representatives_: + +The reports of the several Executive Departments, which will be laid +before Congress in the usual course, will exhibit in detail the +operations of the Government for the last fiscal year. Only the more +important incidents and results, and chiefly such as may be the +foundation of the recommendations I shall submit, will be referred to +in this annual message. + +The vast and increasing business of the Government has been transacted +by the several Departments during the year with faithfulness, energy, +and success. + +The revenues, amounting to above $450,000,000, have been collected and +disbursed without revealing, so far as I can ascertain, a single case +of defalcation or embezzlement. An earnest effort has been made to +stimulate a sense of responsibility and public duty in all officers and +employees of every grade, and the work done by them has almost wholly +escaped unfavorable criticism. I speak of these matters with freedom +because the credit of this good work is not mine, but is shared by +the heads of the several Departments with the great body of faithful +officers and employees who serve under them. The closest scrutiny of +Congress is invited to all the methods of administration and to every +item of expenditure. + +The friendly relations of our country with the nations of Europe and of +the East have been undisturbed, while the ties of good will and common +interest that bind us to the States of the Western Hemisphere have been +notably strengthened by the conference held in this capital to consider +measures for the general welfare. Pursuant to the invitation authorized +by Congress, the representatives of every independent State of the +American continent and of Hayti met in conference in this capital in +October, 1889, and continued in session until the 19th of last April. +This important convocation marks a most interesting and influential +epoch in the history of the Western Hemisphere. It is noteworthy that +Brazil, invited while under an imperial form of government, shared +as a republic in the deliberations and results of the conference. The +recommendations of this conference were all transmitted to Congress +at the last session. + +The International Marine Conference, which sat at Washington last +winter, reached a very gratifying result. The regulations suggested have +been brought to the attention of all the Governments represented, and +their general adoption is confidently expected. The legislation of +Congress at the last session is in conformity with the propositions of +the conference, and the proclamation therein provided for will be issued +when the other powers have given notice of their adhesion. + +The Conference of Brussels, to devise means for suppressing the slave +trade in Africa, afforded an opportunity for a new expression of the +interest the American people feel in that great work. It soon became +evident that the measure proposed would tax the resources of the Kongo +Basin beyond the revenues available under the general act of Berlin of +1884. The United States, not being a party to that act, could not share +in its revision, but by a separate act the Independent State of the +Kongo was freed from the restrictions upon a customs revenue. The +demoralizing and destructive traffic in ardent spirits among the tribes +also claimed the earnest attention of the conference, and the delegates +of the United States were foremost in advocating measures for its +repression. An accord was reached the influence of which will be very +helpful and extend over a wide region. As soon as these measures shall +receive the sanction of the Netherlands, for a time withheld, the +general acts will be submitted for ratification by the Senate. Meanwhile +negotiations have been opened for a new and completed treaty of +friendship, commerce, and navigation between the United States and the +Independent State of the Kongo. + +Toward the end of the past year the only independent monarchical +government on the Western Continent, that of Brazil, ceased to exist, +and was succeeded by a republic. Diplomatic relations were at once +established with the new Government, but it was not completely +recognized until an opportunity had been afforded to ascertain that it +had popular approval and support. When the course of events had yielded +assurance of this fact, no time was lost in extending to the new +Government a full and cordial welcome into the family of American +Commonwealths. It is confidently believed that the good relations of the +two countries will be preserved and that the future will witness an +increased intimacy of intercourse and an expansion of their mutual +commerce. + +The peace of Central America has again been disturbed through a +revolutionary change in Salvador, which was not recognized by other +States, and hostilities broke out between Salvador and Guatemala, +threatening to involve all Central America in conflict and to undo +the progress which had been made toward a union of their interests. +The efforts of this Government were promptly and zealously exerted +to compose their differences and through the active efforts of the +representative of the United States a provisional treaty of peace was +signed August 26, whereby the right of the Republic of Salvador to +choose its own rulers was recognized. General Ezeta, the chief of the +Provisional Government, has since been confirmed in the Presidency by +the Assembly, and diplomatic recognition duly followed. + +The killing of General Barrundia on board the Pacific mail steamer +_Acapulco_, while anchored in transit in the port of San Jose de +Guatemala, demanded careful inquiry. Having failed in a revolutionary +attempt to invade Guatemala from Mexican territory, General Barrundia +took passage at Acapulco for Panama. The consent of the representatives +of the United States was sought to effect his seizure, first at +Champerico, where the steamer touched, and afterwards at San Jose. +The captain of the steamer refused to give up his passenger without a +written order from the United States minister. The latter furnished the +desired letter, stipulating as the condition of his action that General +Barrundia's life should be spared and that he should be tried only for +offenses growing out of his insurrectionary movements. This letter was +produced to the captain of the _Acapulco_ by the military commander at +San Jose as his warrant to take the passenger from the steamer. General +Barrundia resisted capture and was killed. It being evident that the +minister, Mr. Mizner, had exceeded the bounds of his authority in +intervening, in compliance with the demands of the Guatemalan +authorities, to authorize and effect, in violation of precedent, the +seizure on a vessel of the United States of a passenger in transit +charged with political offenses, in order that he might be tried for +such offenses under what was described as martial law. I was constrained +to disavow Mr. Mizner's act and recall him from his post. + +The Nicaragua Canal project, under the control of our citizens, is +making most encouraging progress, all the preliminary conditions and +initial operations having been accomplished within the prescribed time. + +During the past year negotiations have been renewed for the settlement +of the claims of American citizens against the Government of Chile, +principally growing out of the late war with Peru. The reports from our +minister at Santiago warrant the expectation of an early and +satisfactory adjustment. + +Our relations with China, which have for several years occupied so +important a place in our diplomatic history, have called for careful +consideration and have been the subject of much correspondence. + +The communications of the Chinese minister have brought into view the +whole subject of our conventional relations with his country, and at the +same time this Government, through its legation at Peking, has sought +to arrange various matters and complaints touching the interests and +protection of our citizens in China. + +In pursuance of the concurrent resolution of October 1, 1890, I have +proposed to the Governments of Mexico and Great Britain to consider a +conventional regulation of the passage of Chinese laborers across our +southern and northern frontiers. + +On the 22d day of August last Sir Edmund Monson, the arbitrator selected +under the treaty of December 6, 1888, rendered an award to the effect +that no compensation was due from the Danish Government to the United +States on account of what is commonly known as the Carlos Butterfield +claim. + +Our relations with the French Republic continue to be cordial. Our +representative at that court has very diligently urged the removal of +the restrictions imposed upon our meat products, and it is believed that +substantial progress has been made toward a just settlement. + +The Samoan treaty, signed last year at Berlin by the representatives of +the United States, Germany, and Great Britain, after due ratification +and exchange, has begun to produce salutary effects. The formation of +the government agreed upon will soon replace the disorder of the past by +a stable administration alike just to the natives and equitable to the +three powers most concerned in trade and intercourse with the Samoan +Islands. The chief justice has been chosen by the King of Sweden and +Norway on the invitation of the three powers, and will soon be +installed. The land commission and the municipal council are in process +of organization. A rational and evenly distributed scheme of taxation, +both municipal and upon imports, is in operation. Malietoa is respected +as King. + +The new treaty of extradition with Great Britain, after due +ratification, was proclaimed on the 25th of last March. Its beneficial +working is already apparent. + +The difference between the two Governments touching the fur-seal +question in the Bering Sea is not yet adjusted, as will be seen by the +correspondence which will soon be laid before the Congress. The offer +to submit the question to arbitration, as proposed by Her Majesty's +Government, has not been accepted, for the reason that the form of +submission proposed is not thought to be calculated to assure a +conclusion satisfactory to either party. It is sincerely hoped that +before the opening of another sealing season some arrangement may be +effected which will assure to the United States a property right derived +from Russia, which was not disregarded by any nation for more than +eighty years preceding the outbreak of the existing trouble. + +In the tariff act a wrong was done to the Kingdom of Hawaii which I am +bound to presume was wholly unintentional. Duties were levied on certain +commodities which are included in the reciprocity treaty now existing +between the United States and the Kingdom of Hawaii, without indicating +the necessary exception in favor of that Kingdom. I hope Congress will +repair what might otherwise seem to be a breach of faith on the part of +this Government. + +An award in favor of the United States in the matter of the claim of +Mr. Van Bokkelen against Hayti was rendered on the 4th of December, +1888, but owing to disorders then and afterwards prevailing in Hayti +the terms of payment were not observed. A new agreement as to the time +of payment has been approved and is now in force. Other just claims of +citizens of the United States for redress of wrongs suffered during the +late political conflict in Hayti will, it is hoped, speedily yield to +friendly treatment. + +Propositions for the amendment of the treaty of extradition between the +United States and Italy are now under consideration. + +You will be asked to provide the means of accepting the invitation of +the Italian Government to take part in an approaching conference to +consider the adoption of a universal prime meridian from which to reckon +longitude and time. As this proposal follows in the track of the reform +sought to be initiated by the Meridian Conference of Washington, held on +the invitation of this Government, the United States should manifest a +friendly interest in the Italian proposal. + +In this connection I may refer with approval to the suggestion of my +predecessors that standing provision be made for accepting, whenever +deemed advisable, the frequent invitations of foreign governments to +share in conferences looking to the advancement of international reforms +in regard to science, sanitation, commercial laws and procedure, and +other matters affecting the intercourse and progress of modern +communities. + +In the summer of 1889 an incident occurred which for some time +threatened to interrupt the cordiality of our relations with the +Government of Portugal. That Government seized the Delagoa Bay Railway, +which was constructed under a concession granted to an American citizen, +and at the same time annulled the charter. The concessionary, who had +embarked his fortune in the enterprise, having exhausted other means of +redress, was compelled to invoke the protection of his Government. Our +representations, made coincidently with those of the British Government, +whose subjects were also largely interested, happily resulted in the +recognition by Portugal of the propriety of submitting the claim for +indemnity growing out of its action to arbitration. This plan of +settlement having been agreed upon, the interested powers readily +concurred in the proposal to submit the case to the judgment of three +eminent jurists, to be designated by the President of the Swiss +Republic, who, upon the joint invitation of the Governments of the +United States, Great Britain, and Portugal, has selected persons well +qualified for the task before them. + +The revision of our treaty relations with the Empire of Japan has +continued to be the subject of consideration and of correspondence. +The questions involved are both grave and delicate; and while it will be +my duty to see that the interests of the United States are not by any +changes exposed to undue discrimination, I sincerely hope that such +revision as Will satisfy the legitimate expectations of the Japanese +Government and maintain the present and long-existing friendly relations +between Japan and the United States will be effected. + +The friendship between our country and Mexico, born of close +neighborhood and strengthened by many considerations of intimate +intercourse and reciprocal interest, has never been more conspicuous +than now nor more hopeful of increased benefit to both nations. The +intercourse of the two countries by rail, already great, is making +constant growth. The established lines and those recently projected add +to the intimacy of traffic and open new channels of access to fresh +areas of demand and supply. The importance of the Mexican railway system +will be further enhanced to a degree almost impossible to forecast if +it should become a link in the projected intercontinental railway. +I recommend that our mission in the City of Mexico be raised to the +first class. + +The cordial character of our relations with Spain warrants the hope +that by the continuance of methods of friendly negotiation much may be +accomplished in the direction of an adjustment of pending questions and +of the increase of our trade. The extent and development of our trade +with the island of Cuba invest the commercial relations of the United +States and Spain with a peculiar importance. It is not doubted that a +special arrangement in regard to commerce, based upon the reciprocity +provision of the recent tariff act, would operate most beneficially for +both Governments. This subject is now receiving attention. + +The restoration of the remains of John Ericsson to Sweden afforded a +gratifying occasion to honor the memory of the great inventor, to whose +genius our country owes so much, and to bear witness to the unbroken +friendship which has existed between the land which bore him and our +own, which claimed him as a citizen. + +On the 2d of September last the commission appointed to revise the +proceedings of the commission under the claims convention between the +United States and Venezuela of 1866 brought its labors to a close +within the period fixed for that purpose. The proceedings of the late +commission were characterized by a spirit of impartiality and a high +sense of justice, and an incident which was for many years the subject +of discussion between the two Governments has been disposed of in +a manner alike honorable and satisfactory to both parties. For the +settlement of the claim of the Venezuela Steam Transportation Company, +which was the subject of a joint resolution adopted at the last session +of Congress, negotiations are still in progress, and their early +conclusion is anticipated. + +The legislation of the past few years has evinced on the part of +Congress a growing realization of the importance of the consular service +in fostering our commercial relations abroad and in protecting the +domestic revenues. As the scope of operations expands increased +provision must be made to keep up the essential standard of efficiency. +The necessity of some adequate measure of supervision and inspection +has been so often presented that I need only commend the subject to +your attention. + +The revenues of the Government from all sources for the fiscal year +ending June 30, 1890, were $463,963,080.55 and the total expenditures +for the same period were $358,618,584.52. The postal receipts have not +heretofore been included in the statement of these aggregates, and for +the purpose of comparison the sum of $60,882,097.92 should be deducted +from both sides of the account. The surplus for the year, including the +amount applied to the sinking fund, was $105,344,496.03. The receipts +for 1890 were $16,030,923.79 and the expenditures $15,739,871 in excess +of those of 1889. The customs receipts increased $5,835,842.88 and the +receipts from internal revenue $11,725,191.89, while on the side of +expenditures that for pensions was $19,312,075.96 in excess of the +preceding year. + +The Treasury statement for the current fiscal year, partly actual +and partly estimated, is as follows: Receipts from all sources, +$406,000,000; total expenditures, $354,000,000, leaving a surplus of +$52,000,000, not taking the postal receipts into the account on either +side. The loss of revenue from customs for the last quarter is estimated +at $25,000,000, but from this is deducted a gain of about $16,000,000 +realized during the first four months of the year. + +For the year 1892 the total estimated receipts are $373,000,000 and the +estimated expenditures $357,852,209.42, leaving an estimated surplus +of $15,147,790.58, which, with a cash balance of $52,000,000 at the +beginning of the year, will give $67,147,790.58 as the sum available +for the redemption of outstanding bonds or other uses. The estimates of +receipts and expenditures for the Post-Office Department, being equal, +are not included in this statement on either side. + +The act "directing the purchase of silver bullion and the issue of +Treasury notes thereon," approved July 14, 1890, has been administered +by the Secretary of the Treasury with an earnest purpose to get into +circulation at the earliest possible dates the full monthly amounts of +Treasury notes contemplated by its provisions and at the same time to +give to the market for the silver bullion such support as the law +contemplates. The recent depreciation in the price of silver has been +observed with regret. The rapid rise in price which anticipated and +followed the passage of the act was influenced in some degree by +speculation, and the recent reaction is in part the result of the same +cause and in part of the recent monetary disturbances. Some months of +further trial will be necessary to determine the permanent effect of the +recent legislation upon silver values, but it is gratifying to know that +the increased circulation secured by the act has exerted, and will +continue to exert, a most beneficial influence upon business and upon +general values. + +While it has not been thought best to renew formally the suggestion of +an international conference looking to an agreement touching the full +use of silver for coinage at a uniform ratio, care has been taken to +observe closely any change in the situation abroad, and no favorable +opportunity will be lost to promote a result which it is confidently +believed would confer very large benefits upon the commerce of the +world. + +The recent monetary disturbances in England are not unlikely to suggest +a reexamination of opinions upon this subject. Our very large supply of +gold will, if not lost by impulsive legislation in the supposed interest +of silver, give us a position of advantage in promoting a permanent and +safe international agreement for the free use of silver as a coin metal. + +The efforts of the Secretary to increase the volume of money in +circulation by keeping down the Treasury surplus to the lowest +practicable limit have been unremitting and in a very high degree +successful. The tables presented by him showing the increase of money +in circulation during the last two decades, and especially the table +showing the increase during the nineteen months he has administered the +affairs of the Department, are interesting and instructive. The increase +of money in circulation during the nineteen months has been in the +aggregate $93,866,813, or about $1.50 per capita, and of this increase +only $7,100,000 was due to the recent silver legislation. That this +substantial and needed aid given to commerce resulted in an enormous +reduction of the public debt and of the annual interest charge is matter +of increased satisfaction. There have been purchased and redeemed since +March 4, 1889, 4 and 4-1/2 per cent bonds to the amount of $211,832,450, +at a cost of $246,620,741, resulting in the reduction of the annual +interest charge of $8,967,609 and a total saving of interest of +$51,576,706. + +I notice with great pleasure the statement of the Secretary that the +receipts from internal revenue have increased during the last fiscal +year nearly $12,000,000, and that the cost of collecting this larger +revenue was less by $90,617 than for the same purpose in the preceding +year. The percentage of cost of collecting the customs revenue was less +for the last fiscal year than ever before. + +The Customs Administration Board, provided for by the act of June 10, +1890, was selected with great care, and is composed in part of men whose +previous experience in the administration of the old customs regulations +had made them familiar with the evils to be remedied, and in part of men +whose legal and judicial acquirements and experience seemed to fit them +for the work of interpreting and applying the new statute. The chief aim +of the law is to secure honest valuations of all dutiable merchandise +and to make these valuations uniform at all our ports of entry. It had +been made manifest by a Congressional investigation that a system of +undervaluation had been long in use by certain classes of importers, +resulting not only in a great loss of revenue, but in a most intolerable +discrimination against honesty. It is not seen how this legislation, +when it is understood, can be regarded by the citizens of any country +having commercial dealings with us as unfriendly. If any duty is +supposed to be excessive, let the complaint be lodged there. It will +surely not be claimed by any well-disposed people that a remedy may be +sought and allowed in a system of quasi smuggling. + +The report of the Secretary of War exhibits several gratifying results +attained during the year by wise and unostentatious methods. The +percentage of desertions from the Army (an evil for which both Congress +and the Department have long been seeking a remedy) has been reduced +during the past year 24 per cent, and for the months of August and +September, during which time the favorable effects of the act of June 16 +were felt, 33 per cent, as compared with the same months of 1889. + +The results attained by a reorganization and consolidation of the +divisions having charge of the hospital and service records of the +volunteer soldiers are very remarkable. This change was effected in +July, 1889, and at that time there were 40,654 cases awaiting attention, +more than half of these being calls from the Pension Office for +information necessary to the adjudication of pension claims. On the 30th +day of June last, though over 300,000 new calls had come in, there was +not a single case that had not been examined and answered. + +I concur in the recommendations of the Secretary that adequate and +regular appropriations be continued for coast-defense works and +ordnance. Plans have been practically agreed upon, and there can be no +good reason for delaying the execution of them, while the defenseless +state of our great seaports furnishes an urgent reason for wise +expedition. + +The encouragement that has been extended to the militia of the States, +generally and most appropriately designated the "National Guard," should +be continued and enlarged. These military organizations constitute in a +large sense the Army of the United States, while about five-sixths of +the annual cost of their maintenance is defrayed by the States. + +The report of the Attorney-General is under the law submitted directly +to Congress, but as the Department of Justice is one of the Executive +Departments some reference to the work done is appropriate here. + +A vigorous and in the main an effective effort has been made to bring to +trial and punishment all violators of the law, but at the same time care +has been taken that frivolous and technical offenses should not be used +to swell the fees of officers or to harass well-disposed citizens. +Especial attention is called to the facts connected with the prosecution +of violations of the election laws and of offenses against United States +officers. The number of convictions secured, very many of them upon +pleas of guilty, will, it is hoped, have a salutary restraining +influence. There have been several cases where postmasters appointed by +me have been subjected to violent interference in the discharge of their +official duties and to persecutions and personal violence of the most +extreme character. Some of these cases have been dealt with through the +Department of Justice, and in some cases the post-offices have been +abolished or suspended. I have directed the Postmaster-General to pursue +this course in all cases where other efforts failed to secure for any +postmaster not himself in fault an opportunity peacefully to exercise +the duties of his office. But such action will not supplant the efforts +of the Department of Justice to bring the particular offenders to +punishment. + +The vacation by judicial decrees of fraudulent certificates of +naturalization, upon bills in equity filed by the Attorney-General +in the circuit court of the United States, is a new application of a +familiar equity jurisdiction. Nearly one hundred such decrees have been +taken during the year, the evidence disclosing that a very large number +of fraudulent certificates of naturalization have been issued. And in +this connection I beg to renew my recommendation that the laws be so +amended as to require a more full and searching inquiry into all the +facts necessary to naturalization before any certificates are granted. +It certainly is not too much to require that an application for American +citizenship shall be heard with as much care and recorded with as much +formality as are given to cases involving the pettiest property right. + +At the last session I returned without my approval a bill entitled +"An act to prohibit bookmaking and pool selling in the District of +Columbia," and stated my objection to be that it did not prohibit but in +fact licensed what it purported to prohibit.[11] An effort will be made +under existing laws to suppress this evil, though it is not certain that +they will be found adequate. + +The report of the Postmaster-General shows the most gratifying progress +in the important work committed to his direction, The business methods +have been greatly improved. A large economy in expenditures and an +increase of four and three-quarters millions in receipts have been +realized. The deficiency this year is $5,786,300, as against $6,350,183 +last year, notwithstanding the great enlargement of the service. +Mail routes have been extended and quickened and greater accuracy and +dispatch in distribution and delivery have been attained. The report +will be found to be full of interest and suggestion, not only to +Congress, but to those thoughtful citizens who may be interested +to know what business methods can do for that department of public +administration which most nearly touches all our people. + +The passage of the act to amend certain sections of the Revised Statutes +relating to lotteries, approved September 19, 1890, has been received +with great and deserved popular favor. The Post-Office Department and +the Department of Justice at once entered upon the enforcement of the +law with sympathetic vigor, and already the public mails have been +largely freed from the fraudulent and demoralizing appeals and +literature emanating from the lottery companies. + +The construction and equipment of the new ships for the Navy have made +very satisfactory progress. Since March 4, 1889, nine new vessels have +been put in commission, and during this winter four more, including one +monitor, will be added. The construction of the other vessels authorized +is being pushed both in the Government and private yards with energy and +watched with the most scrupulous care. + +The experiments conducted during the year to test the relative +resisting power of armor plates have been so valuable as to attract +great attention in Europe. The only part of the work upon the new ships +that is threatened by unusual delay is the armor plating, and every +effort is being made to reduce that to the minimum. It is a source of +congratulation that the anticipated influence of these modern vessels +upon the _esprit de corps_ of the officers and seamen has been fully +realized. Confidence and pride in the ship among the crew are equivalent +to a secondary battery. Your favorable consideration is invited to the +recommendations of the Secretary. + +The report of the Secretary of the Interior exhibits with great fullness +and clearness the vast work of that Department and the satisfactory +results attained. The suggestions made by him are earnestly commended, +to the consideration of Congress, though they can not all be given +particular mention here. + +The several acts of Congress looking to the reduction of the larger +Indian reservations, to the more rapid settlement of the Indians upon +individual allotments, and the restoration to the public domain of lands +in excess of their needs have been largely carried into effect so far as +the work was confided to the Executive. Agreements have been concluded +since March 4, 1889, involving the cession to the United States of about +14,726,000 acres of land. These contracts have, as required by law, +been submitted to Congress for ratification and for the appropriations +necessary to carry them into effect. Those with the Sisseton and +Wahpeton, Sac and Fox, Iowa, Pottawatomies and Absentee Shawnees, and +Coeur d'Alene tribes have not yet received the sanction of Congress. +Attention is also called to the fact that the appropriations made in the +case of the Sioux Indians have not covered all the stipulated payments. +This should be promptly corrected. If an agreement is confirmed, all of +its terms should be complied with without delay and full appropriations +should be made. + +The policy outlined in my last annual message in relation to the +patenting of lands to settlers upon the public domain[12] has been +carried out in the administration of the Land Office. No general +suspicion or imputation of fraud has been allowed to delay the hearing +and adjudication of individual cases upon their merits. The purpose has +been to perfect the title of honest settlers with such promptness that +the value of the entry might not be swallowed up by the expense and +extortions to which delay subjected the claimant. The average monthly +issue of agricultural patents has been increased about 6,000. + +The disability-pension act, which was approved on the 27th of June last, +has been put into operation as rapidly as was practicable. The increased +clerical force provided was selected and assigned to work, and a +considerable part of the force engaged in examinations in the field was +recalled and added to the working force of the office. The examination +and adjudication of claims have by reason of improved methods been more +rapid than ever before. There is no economy to the Government in delay, +while there is much hardship and injustice to the soldier. The +anticipated expenditure, while very large, will not, it is believed, be +in excess of the estimates made before the enactment of the law. This +liberal enlargement of the general law should suggest a more careful +scrutiny of bills for special relief, both as to the cases where relief +is granted and as to the amount allowed. + +The increasing numbers and influence of the non-Mormon population of +Utah are observed with satisfaction. The recent letter of Wilford +Woodruff, president of the Mormon Church, in which he advised his people +"to refrain from contracting any marriage forbidden by the laws of the +land," has attracted wide attention, and it is hoped that its influence +will be highly beneficial in restraining infractions of the laws of the +United States. But the fact should not be overlooked that the doctrine +or belief of the church that polygamous marriages are rightful and +supported by divine revelation remains unchanged. President Woodruff +does not renounce the doctrine, but refrains from teaching it, and +advises against the practice of it because the law is against it. Now, +it is quite true that the law should not attempt to deal with the faith +or belief of anyone; but it is quite another thing, and the only safe +thing, so to deal with the Territory of Utah as that those who believe +polygamy to be rightful shall not have the power to make it lawful. + +The admission of the States of Wyoming and Idaho to the Union are events +full of interest and congratulation, not only to the people of those +States now happily endowed with a full participation in our privileges +and responsibilities, but to all our people. Another belt of States +stretches from the Atlantic to the Pacific. + +The work of the Patent Office has won from all sources very high +commendation. The amount accomplished has been very largely increased, +and all the results have been such as to secure confidence and +consideration for the suggestions of the Commissioner. + +The enumeration of the people of the United States under the provisions +of the act of March 1, 1889, has been completed, and the result will +be at once officially communicated to Congress. The completion of this +decennial enumeration devolves upon Congress the duty of making a new +apportionment of Representatives "among the several States according to +their respective numbers." + +At the last session I had occasion to return with my objections several +bills making provisions for the erection of public buildings for the +reason that the expenditures contemplated were, in my opinion, greatly +in excess of any public need. No class of legislation is more liable +to abuse or to degenerate into an unseemly scramble about the public +Treasury than this. There should be exercised in this matter a wise +economy, based upon some responsible and impartial examination and +report as to each case, under a general law. + +The report of the Secretary of Agriculture deserves especial attention +in view of the fact that the year has been marked in a very unusual +degree by agitation and organization among the farmers looking to an +increase in the profits of their business. It will be found that the +efforts of the Department have been intelligently and zealously devoted +to the promotion of the interests intrusted to its care. + +A very substantial improvement in the market prices of the leading farm +products during the year is noticed. The price of wheat advanced from +81 cents in October, 1889, to $1.00-3/4 in October, 1890; corn from 31 +cents to 50-1/4 cents; oats from 19-1/4 cents to 43 cents, and barley +from 63 cents to 78 cents. Meats showed a substantial but not so large +an increase. The export trade in live animals and fowls shows a very +large increase. The total value of such exports for the year ending June +30, 1890, was $33,000,000, and the increase over the preceding year was +over $15,000,000. Nearly 200,000 more cattle and over 45,000 more hogs +were exported than in the preceding year. The export trade in beef and +pork products and in dairy products was very largely increased, the +increase in the article of butter alone being from 15,504,978 pounds to +29,748,042 pounds, and the total increase in the value of meat and dairy +products exported being $34,000,000. This trade, so directly helpful +to the farmer, it is believed, will be yet further and very largely +increased when the system of inspection and sanitary supervision now +provided by law is brought fully into operation. + +The efforts of the Secretary to establish the healthfulness of our meats +against the disparaging imputations that have been put upon them abroad +have resulted in substantial progress. Veterinary surgeons sent out by +the Department are now allowed to participate in the inspection of the +live cattle from this country landed at the English docks, and during +the several months they have been on duty no case of contagious +pleuro-pneumonia has been reported. This inspection abroad and the +domestic inspection of live animals and pork products provided for by +the act of August 30, 1890, will afford as perfect a guaranty for the +wholesomeness of our meats offered for foreign consumption as is +anywhere given to any food product, and its nonacceptance will quite +clearly reveal the real motive of any continued restriction of their +use, and that having been made clear the duty of the Executive will be +very plain. + +The information given by the Secretary of the progress and prospects of +the beet-sugar industry is full of interest. It has already passed the +experimental stage and is a commercial success. The area over which the +sugar beet can be successfully cultivated is very large, and another +field crop of great value is offered to the choice of the farmer. + +The Secretary of the Treasury concurs in the recommendation of the +Secretary of Agriculture that the official supervision provided by the +tariff law for sugar of domestic production shall be transferred to the +Department of Agriculture. + +The law relating to the civil service has, so far as I can learn, been +executed by those having the power of appointment in the classified +service with fidelity and impartiality, and the service has been +increasingly satisfactory. The report of the Commission shows a large +amount of good work done during the year with very limited +appropriations. + +I congratulate the Congress and the country upon the passage at the +first session of the Fifty-first Congress of an unusual number of laws +of very high importance. That the results of this legislation will be +the quickening and enlargement of our manufacturing industries, larger +and better markets for our breadstuffs and provisions both at home and +abroad, more constant employment and better wages for our working +people, and an increased supply of a safe currency for the transaction +of business, I do not doubt. Some of these measures were enacted at so +late a period that the beneficial effects upon commerce which were in +the contemplation of Congress have as yet but partially manifested +themselves. + +The general trade and industrial conditions throughout the country +during the year have shown a marked improvement. For many years prior to +1888 the merchandise balances of foreign trade had been largely in our +favor, but during that year and the year following they turned against +us. It is very gratifying to know that the last fiscal year again shows +a balance in our favor of over $68,000,000. The bank clearings, which +furnish a good test of the volume of business transacted, for the first +ten months of the year 1890 show as compared with the same months of +1889 an increase for the whole country of about 8.4 per cent, while the +increase outside of the city of New York was over 13 per cent. During +the month of October the clearings of the whole country showed an +increase of 3.1 per cent over October, 1889, while outside of New York +the increase was 11.5 per cent. These figures show that the increase in +the volume of business was very general throughout the country. That +this larger business was being conducted upon a safe and profitable +basis is shown by the fact that there were 300 less failures reported +in October, 1890, than in the same month of the preceding year, with +liabilities diminished by about $5,000,000. + +The value of our exports of domestic merchandise during the last year +was over $115,000,000 greater than the preceding year, and was only +exceeded once in our history. About $100,000,000 of this excess was in +agricultural products. The production of pig iron, always a good gauge +of general prosperity, is shown by a recent census bulletin to have been +153 per cent greater in 1890 than in 1880, and the production of steel +290 per cent greater. Mining in coal has had no limitation except that +resulting from deficient transportation. The general testimony is that +labor is everywhere fully employed, and the reports for the last year +show a smaller number of employees affected by strikes and lockouts than +in any year since 1884. The depression in the prices of agricultural +products had been greatly relieved and a buoyant and hopeful tone was +beginning to be felt by all our people. + +These promising influences have been in some degree checked by the +surprising and very unfavorable monetary events which have recently +taken place in England. It is gratifying to know that these did not grow +in any degree out of the financial relations of London with our people +or out of any discredit attached to our securities held in that market. +The return of our bonds and stocks was caused by a money stringency +in England, not by any loss of value or credit in the securities +themselves. We could not, however, wholly escape the ill effects of a +foreign monetary agitation accompanied by such extraordinary incidents +as characterized this. It is not believed, however, that these evil +incidents, which have for the time unfavorably affected values in this +country, can long withstand the strong, safe, and wholesome influences +which are operating to give to our people profitable returns in all +branches of legitimate trade and industry. The apprehension that our +tariff may again and at once be subjected to important general changes +would undoubtedly add a depressing influence of the most serious +character. + +The general tariff act has only partially gone into operation, some of +its important provisions being limited to take effect at dates yet in +the future. The general provisions of the law have been in force less +than sixty days. Its permanent effects upon trade and prices still +largely stand in conjecture. It is curious to note that the advance in +the prices of articles wholly unaffected by the tariff act was by many +hastily ascribed to that act. Notice was not taken of the fact that the +general tendency of the markets was upward, from influences wholly apart +from the recent tariff legislation. The enlargement of our currency by +the silver bill undoubtedly gave an upward tendency to trade and had +a marked effect on prices; but this natural and desired effect of the +silver legislation was by many erroneously attributed to the tariff act. + +There is neither wisdom nor justice in the suggestion that the subject +of tariff revision shall be again opened before this law has had a +fair trial. It is quite true that every tariff schedule is subject to +objections. No bill was ever framed, I suppose, that in all of its rates +and classifications had the full approval even of a party caucus. Such +legislation is always and necessarily the product of compromise as to +details, and the present law is no exception. But in its general scope +and effect I think it will justify the support of those who believe that +American legislation should conserve and defend American trade and the +wages of American workmen. + +The misinformation as to the terms of the act which has been so widely +disseminated at home and abroad will be corrected by experience, and the +evil auguries as to its results confounded by the market reports, the +savings banks, international trade balances, and the general prosperity +of our people. Already we begin to hear from abroad and from our +custom-houses that the prohibitory effect upon importations imputed to +the act is not justified. The imports at the port of New York for the +first three weeks of November were nearly 8 per cent greater than for +the same period in 1889 and 29 per cent greater than in the same period +of 1888. And so far from being an act to limit exports, I confidently +believe that under it we shall secure a larger and more profitable +participation in foreign trade than we have ever enjoyed, and that we +shall recover a proportionate participation in the ocean carrying trade +of the world. + +The criticisms of the bill that have come to us from foreign sources +may well be rejected for repugnancy. If these critics really believe +that the adoption by us of a free-trade policy, or of tariff rates +having reference solely to revenue, would diminish the participation +of their own countries in the commerce of the world, their advocacy +and promotion, by speech and other forms of organized effort, of this +movement among our people is a rare exhibition of unselfishness in +trade. And, on the other hand, if they sincerely believe that the +adoption of a protective-tariff policy by this country inures to their +profit and our hurt, it is noticeably strange that they should lead the +outcry against the authors of a policy so helpful to their countrymen +and crown with their favor those who would snatch from them a +substantial share of a trade with other lands already inadequate to +their necessities. + +There is no disposition among any of our people to promote prohibitory +or retaliatory legislation. Our policies are adopted not to the hurt of +others, but to secure for ourselves those advantages that fairly grow +out of our favored position as a nation. Our form of government, with +its incident of universal suffrage, makes it imperative that we shall +save our working people from the agitations and distresses which scant +work and wages that have no margin for comfort always beget. But after +all this is done it will be found that our markets are open to friendly +commercial exchanges of enormous value to the other great powers. + +From the time of my induction into office the duty of using every +power and influence given by law to the executive department for the +development of larger markets for our products, especially our farm +products, has been kept constantly in mind, and no effort has been or +will be spared to promote that end. We are under no disadvantage in any +foreign market, except that we pay our workmen and workwomen better +wages than are paid elsewhere--better abstractly, better relatively to +the cost of the necessaries of life. I do not doubt that a very largely +increased foreign trade is accessible to us without bartering for it +either our home market for such products of the farm and shop as our own +people can supply or the wages of our working people. + +In many of the products of wood and iron and in meats and bread-stuffs +we have advantages that only need better facilities of intercourse and +transportation to secure for them large foreign markets. The reciprocity +clause of the tariff act wisely and effectively opens the way to secure +a large reciprocal trade in exchange for the free admission to our ports +of certain products. The right of independent nations to make special +reciprocal trade concessions is well established, and does not +impair either the comity due to other powers or what is known as the +"favored-nation clause," so generally found in commercial treaties. What +is given to one for an adequate agreed consideration can not be claimed +by another freely. The state of the revenues was such that we could +dispense with any import duties upon coffee, tea, hides, and the lower +grades of sugar and molasses. That the large advantage resulting to the +countries producing and exporting these articles by placing them on the +free list entitled us to expect a fair return in the way of customs +concessions upon articles exported by us to them was so obvious that to +have gratuitously abandoned this opportunity to enlarge our trade would +have been an unpardonable error. + +There were but two methods of maintaining control of this question open +to Congress--to place all of these articles upon the dutiable list, +subject to such treaty agreements as could be secured, or to place them +all presently upon the free list, but subject to the reimposition of +specified duties if the countries from which we received them should +refuse to give to us suitable reciprocal benefits. This latter method, +I think, possesses great advantages. It expresses in advance the consent +of Congress to reciprocity arrangements affecting these products, which +must otherwise have been delayed and unascertained until each treaty +was ratified by the Senate and the necessary legislation enacted by +Congress. Experience has shown that some treaties looking to reciprocal +trade have failed to secure a two-thirds vote in the Senate for +ratification, and others having passed that stage have for years awaited +the concurrence of the House and Senate in such modifications of our +revenue laws as were necessary to give effect to their provisions. We +now have the concurrence of both Houses in advance in a distinct and +definite offer of free entry to our ports of specific articles. The +Executive is not required to deal in conjecture as to what Congress will +accept. Indeed, this reciprocity provision is more than an offer. Our +part of the bargain is complete; delivery has been made; and when the +countries from which we receive sugar, coffee, tea, and hides have +placed on their free lists such of our products as shall be agreed +upon as an equivalent for our concession, a proclamation of that fact +completes the transaction; and in the meantime our own people have +free sugar, tea, coffee, and hides. + +The indications thus far given are very hopeful of early and +favorable action by the countries from which we receive our large +imports of coffee and sugar, and it is confidently believed that if +steam communication with these countries can be promptly improved and +enlarged the next year will show a most gratifying increase in our +exports of breadstuffs provisions, as well as of some important lines +of manufactured goods. + +In addition to the important bills that became laws before the +adjournment of the last session, some other bills of the highest +importance were well advanced toward a final vote and now stand upon the +calendars of the two Houses in favored positions. The present session +has a fixed limit, and if these measures are not now brought to a final +vote all the work that has been done upon them by this Congress is lost. +The proper consideration of these, of an apportionment bill, and of the +annual appropriation bills will require not only that no working day of +the session shall be lost, but that measures of minor and local interest +shall not be allowed to interrupt or retard the progress of those that +are of universal interest. In view of these conditions, I refrain from +bringing before you at this time some suggestions that would otherwise +be made, and most earnestly invoke your attention to the duty of +perfecting the important legislation now well advanced. To some of these +measures, which seem to me most important, I now briefly call your +attention. + +I desire to repeat with added urgency the recommendations contained +in my last annual message in relation to the development of American +steamship lines.[13] The reciprocity clause of the tariff bill will be +largely limited and its benefits retarded and diminished if provision is +not contemporaneously made to encourage the establishment of first-class +steam communication between our ports and the ports of such nations as +may meet our overtures for enlarged commercial exchanges. The steamship, +carrying the mails statedly and frequently and offering to passengers a +comfortable, safe, and speedy transit, is the first condition of foreign +trade. It carries the order or the buyer, but not all that is ordered or +bought. It gives to the sailing vessels such cargoes as are not urgent +or perishable, and, indirectly at least, promotes that important adjunct +of commerce. There is now both in this country and in the nations of +Central and South America a state of expectation and confidence as to +increased trade that will give a double value to your prompt action upon +this question. + +The present situation of our mail communication with Australia +illustrates the importance of early action by Congress. The Oceanic +Steamship Company maintains a line of steamers between San Francisco, +Sydney, and Auckland consisting of three vessels, two of which are of +United States registry and one of foreign registry. For the service done +by this line in carrying the mails we pay annually the sum of $46,000, +being, as estimated, the full sea and United States inland postage, +which is the limit fixed by law. The colonies of New South Wales and New +Zealand have been paying annually to these lines L37,000 for carrying +the mails from Sydney and Auckland to San Francisco. The contract under +which this payment has been made is now about to expire, and those +colonies have refused to renew the contract unless the United States +shall pay a more equitable proportion of the whole sum necessary to +maintain, the service. + +I am advised by the Postmaster-General that the United States receives +for carrying the Australian mails, brought to San Francisco in these +steamers, by rail to Vancouver, an estimated annual income of $75,000. +while, as I have stated, we are paying out for the support of the +steamship line that brings this mail to us only $46,000, leaving an +annual surplus resulting from this service of $29,000. The trade of the +United States with Australia, which is in a considerable part carried by +these steamers, and the whole of which is practically dependent upon the +mail communication which they maintain, is largely in our favor. Our +total exports of merchandise to Australasian ports during the fiscal +year ending June 30, 1890, were $11,266,484, while the total imports of +merchandise from these ports were only $4,277,676. If we are not willing +to see this important steamship line withdrawn, or continued with +Vancouver substituted for San Francisco as the American terminal, +Congress should put it in the power of the Postmaster-General to make a +liberal increase in the amount now paid for the transportation of this +important mail. + +The South Atlantic and Gulf ports occupy a very favored position toward +the new and important commerce which the reciprocity clause of the +tariff act and the postal shipping bill are designed to promote. +Steamship lines from these ports to some northern port of South America +will almost certainly effect a connection between the railroad systems +of the continents long before any continuous line of railroads can be +put into operation. The very large appropriation made at the last +session for the harbor of Galveston was justified, as it seemed to me, +by these considerations. The great Northwest will feel the advantage of +trunk lines to the South as well as to the East and of the new markets +opened for their surplus food products and for many of their +manufactured products. + +I had occasion in May last to transmit to Congress a report adopted +by the International American Conference upon the subject of the +incorporation of an international American bank, with a view to +facilitating money exchanges between the States represented in that +conference.[14] Such an institution would greatly promote the trade we +are seeking to develop. I renew the recommendation that a careful and +well-guarded charter be granted. I do not think the powers granted +should include those ordinarily exercised by trust, guaranty, and +safe-deposit companies, or that more branches in the United States +should be authorized than are strictly necessary to accomplish the +object primarily in view, namely, convenient foreign exchanges. It is +quite important that prompt action should be taken in this matter, +in order that any appropriations for better communication with these +countries and any agreements that may be made for reciprocal trade +may not be hindered by the inconvenience of making exchanges through +European money centers or burdened by the tribute which is an incident +of that method of business. + +The bill for the relief of the Supreme Court has after many years of +discussion reached a position where final action is easily attainable, +and it is hoped that any differences of opinion may be so harmonized as +to save the essential features of this very important measure. In this +connection I earnestly renew my recommendation that the salaries of the +judges of the United States district courts be so readjusted that none +of them shall receive less than $5,000 per annum. + +The subject of the unadjusted Spanish and Mexican land grants and the +urgent necessity for providing some commission or tribunal for the trial +of questions of title growing out of them were twice brought by me to +the attention of Congress at the last session. Bills have been reported +from the proper committees in both Houses upon the subject, and I very +earnestly hope that this Congress will put an end to the delay which +has attended the settlement of the disputes as to the title between the +settlers and the claimants under these grants. These disputes retard the +prosperity and disturb the peace of large and important communities. +The governor of New Mexico in his last report to the Secretary of the +Interior suggests some modifications of the provisions of the pending +bills relating to the small holdings of farm lands. I commend to your +attention the suggestions of the Secretary of the Interior upon this +subject. + +The enactment of a national bankrupt law I still regard as very +desirable. The Constitution having given to Congress jurisdiction of +this subject, it should be exercised and uniform rules provided for the +administration of the affairs of insolvent debtors. The inconveniences +resulting from the occasional and temporary exercise of this power by +Congress and from the conflicting State codes of insolvency which come +into force intermediately should be removed by the enactment of a +simple, inexpensive, and permanent national bankrupt law. + +I also renew my recommendation in favor of legislation affording just +copyright protection to foreign authors on a footing of reciprocal +advantage for our authors abroad. + +It may still be possible for this Congress to inaugurate by suitable +legislation a movement looking to uniformity and increased safety in the +use of couplers and brakes upon freight trains engaged in interstate +commerce. The chief difficulty in the way is to secure agreement +as to the best appliances, simplicity, effectiveness, and cost being +considered. This difficulty will only yield to legislation, which should +be based upon full inquiry and impartial tests. The purpose should be to +secure the cooperation of all well-disposed managers and owners; but the +fearful fact that every year's delay involves the sacrifice of 2,000 +lives and the maiming of 20,000 young men should plead both with +Congress and the managers against any needless delay. + +The subject of the conservation and equal distribution of the water +supply of the arid regions has had much attention from Congress, but has +not as yet been put upon a permanent and satisfactory basis. The urgency +of the subject does not grow out of any large present demand for the use +of these lands for agriculture, but out of the danger that the water +supply and the sites for the necessary catch basins may fall into the +hands of individuals or private corporations and be used to render +subservient the large areas dependent upon such supply. The owner of +the water is the owner of the lands, however the titles may run. All +unappropriated natural water sources and all necessary reservoir sites +should be held by the Government for the equal use at fair rates of the +homestead settlers who will eventually take up these lands. The United +States should not, in my opinion, undertake the construction of dams or +canals, but should limit its work to such surveys and observations as +will determine the water supply, both surface and subterranean, the +areas capable of irrigation, and the location and storage capacity +of reservoirs. This done, the use of the water and of the reservoir +sites might be granted to the respective States or Territories or to +individuals or associations upon the condition that the necessary +works should be constructed and the water furnished at fair rates +without discrimination, the rates to be subject to supervision by the +legislatures or by boards of water commissioners duly constituted. The +essential thing to be secured is the common and equal use at fair rates +of the accumulated water supply. It were almost better that these lands +should remain arid than that those who occupy them should become the +slaves of unrestrained monopolies controlling the one essential element +of land values and crop results. + +The use of the telegraph by the Post-Office Department as a means for +the rapid transmission of written communications is, I believe, upon +proper terms, quite desirable. The Government does not own or operate +the railroads, and it should not, I think, own or operate the telegraph +lines. It does, however, seem to be quite practicable for the Government +to contract with the telegraph companies, as it does with railroad +companies, to carry at specified rates such communications as the +senders may designate for this method of transmission. I recommend that +such legislation be enacted as will enable the Post-Office Department +fairly to test by experiment the advantages of such a use of the +telegraph. + +If any intelligent, and loyal company of American citizens were required +to catalogue the essential human conditions of national life, I do not +doubt that with absolute unanimity they would begin with "free and +honest elections." And it is gratifying to know that generally there is +a growing and nonpartisan demand for better election laws; but against +this sign of hope and progress must be set the depressing and undeniable +fact that election laws and methods are sometimes cunningly contrived to +secure minority control, while violence completes the shortcomings of +fraud. + +In my last annual message I suggested that the development of the +existing law providing a Federal supervision of Congressional elections +offered an effective method of reforming these abuses.[15] The need +of such a law has manifested itself in many parts of the country, and +its wholesome restraints and penalties will be useful in all. The +constitutionality of such legislation has been affirmed by the Supreme +Court. Its probable effectiveness is evidenced by the character of the +opposition that is made to it. It has been denounced as if it were a +new exercise of Federal power and an invasion of the rights of States. +Nothing could be further from the truth. Congress has already fixed the +time for the election of members of Congress. It has declared that votes +for members of Congress must be by written or printed ballot; it has +provided for the appointment by the circuit courts in certain cases, +and upon the petition of a certain number of citizens, of election +supervisors, and made it their duty to supervise the registration of +voters conducted by the State officers; to challenge persons offering to +register; to personally inspect and scrutinize the registry lists, and +to affix their names to the lists for the purpose of identification and +the prevention of frauds; to attend at elections and remain with the +boxes till they are all cast and counted; to attach to the registry +lists and election returns any statement touching the accuracy and +fairness of the registry and election, and to take and transmit to +the Clerk of the House of Representatives any evidence of fraudulent +practices which may be presented to them. The same law provides for the +appointment of deputy United States marshals to attend at the polls, +support the supervisors in the discharge of their duties, and to arrest +persons violating the election laws. The provisions of this familiar +title of the Revised Statutes have been put into exercise by both the +great political parties, and in the North as well as in the South, +by the filing with the court of the petitions required by the law. + +It is not, therefore, a question whether we shall have a Federal +election law, for we now have one and have had for nearly twenty years, +but whether we shall have an effective law. The present law stops just +short of effectiveness, for it surrenders to the local authorities all +control over the certification which establishes the _prima facie_ right +to a seat in the House of Representatives. This defect should be cured. +Equality of representation and the parity of the electors must be +maintained or everything that is valuable in our system of government is +lost. The qualifications of an elector must be sought in the law, not +in the opinions, prejudices, or fears of any class, however powerful. +The path of the elector to the ballot box must be free from the ambush +of fear and the enticements of fraud; the count so true and open that +none shall gainsay it. Such a law should be absolutely nonpartisan and +impartial. It should give the advantage to honesty and the control to +majorities. Surely there is nothing sectional about this creed, and if +it shall happen that the penalties of laws intended to enforce these +rights fall here and not there it is not because the law is sectional, +but because, happily, crime is local and not universal. Nor should it be +forgotten that every law, whether relating to elections or to any other +subject, whether enacted by the State or by the nation, has force behind +it; the courts, the marshal or constable, the _posse comitatus_, the +prison, are all and always behind the law. + +One can not be justly charged with unfriendliness to any section or +class who seeks only to restrain violations of law and of personal +right. No community will find lawlessness profitable. No community can +afford to have it known that the officers who are charged with the +preservation of the public peace and the restraint of the criminal +classes are themselves the product of fraud or violence. The magistrate +is then without respect and the law without sanction. The floods of +lawlessness can not be leveed and made to run in one channel. The +killing of a United States marshal carrying a writ of arrest for an +election offense is full of prompting and suggestion to men who are +pursued by a city marshal for a crime against life or property. + +But it is said that this legislation will revive race animosities, and +some have even suggested that when the peaceful methods of fraud are +made impossible they may be supplanted by intimidation and violence. +If the proposed law gives to any qualified elector by a hair's weight +more than his equal influence or detracts by so much from any other +qualified elector, it is fatally impeached. But if the law is equal and +the animosities it is to evoke grow out of the fact that some electors +have been accustomed to exercise the franchise for others as well +as for themselves, then these animosities ought not to be confessed +without shame, and can not be given any weight in the discussion without +dishonor. No choice is left to me but to enforce with vigor all laws +intended to secure to the citizen his constitutional rights and to +recommend that the inadequacies of such laws be promptly remedied. If to +promote with zeal and ready interest every project for the development +of its material interests, its rivers, harbors, mines, and factories, +and the intelligence, peace, and security under the law of its +communities and its homes is not accepted as sufficient evidence of +friendliness to any State or section, I can not add connivance at +election practices that not only disturb local results, but rob the +electors of other States and sections of their most priceless political +rights. + +The preparation of the general appropriation bills should be conducted +with the greatest care and the closest scrutiny of expenditures. +Appropriations should be adequate to the needs of the public service, +but they should be absolutely free from prodigality. + +I venture again to remind you that the brief time remaining for the +consideration of the important legislation now awaiting your attention +offers no margin for waste. If the present duty is discharged with +diligence, fidelity, and courage, the work of the Fifty-first Congress +may be confidently submitted to the considerate judgment of the people. + +BENJ. HARRISON. + +[Footnote 11: See pp. 93-94.] + +[Footnote 12: See p. 49]. + +[Footnote 13: See pp. 56-58.] + +[Footnote 14: See pp. 70-71.] + +[Footnote 15: See p. 56.] + + + + +SPECIAL MESSAGES. + + +EXECUTIVE MANSION, _December 4, 1890_. + +_To the Senate and House of Representatives_: + +I transmit herewith a communication of the 3d instant from the Secretary +of the Interior, accompanied by an agreement concluded by the Cherokee +Commission with the Cheyenne and Arapahoe tribes of Indians for the +cession of certain lands and for other purposes. + +The agreement is submitted for the consideration of Congress, as +required by law. + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _December 5, 1890_. + +_To the House of Representatives_: + +I transmit herewith, in response to the resolution of the House of +Representatives of the 24th of September last, a report of the Secretary +of State and accompanying correspondence, in relation to the killing of +General J. Martine Barrundia by Guatemalan officers on board the Pacific +mail steamer _Acapulco_ in the port of San Jose, Guatemala, on the 28th +of August last. + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _December 17, 1890_. + +_To the Senate and House of Representatives_: + +I herewith transmit a communication from the Secretary of State, in +relation to a report upon the subject of cholera made by Dr. E.O. +Shakespeare pursuant to the act of Congress approved March 3, 1885. + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _December 17, 1890_. + +_To the Senate and House of Representatives_: + +I transmit herewith a letter from the Secretary of the Navy, accompanied +by a letter from the secretary of the American Society of Mechanical +Engineers, who transmits a memorial, addressed to the Government of the +United States, in relation to the late Captain John Ericsson. + +The matter is presented for such action as the Congress may deem proper. + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _December 17, 1890_. + +_To the Senate and House of Representatives_: + +I transmit herewith a letter from the Secretary of War, accompanied by +a copy of a preliminary report of the board on gun factories and steel +forgings for high-power guns, appointed by me under the provisions of an +act entitled "An act making appropriations for fortifications," etc., +approved August 18, 1890. + +The report and accompanying papers are submitted for the information and +early attention of Congress. + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _December 22, 1890_. + +_To the Senate and House of Representatives_: + +I transmit herewith a letter of the 18th instant from the Secretary +of the Interior, in relation to the disposition of timber on certain +Chippewa reservations in Wisconsin, together with copies of papers +relating thereto. The matter is presented for the action of Congress. + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _December 23, 1890_. + +_To the Senate and House of Representatives_: + +The Territorial legislature of Oklahoma, now in session, will adjourn by +limitation of law on to-morrow, the 24th instant. The act organizing the +Territory provided (section II) that certain chapters of the revised +statutes of Nebraska should be in force until after the adjournment of +the first session of the Territorial legislature. + +The question of the location of the Territorial capital has so occupied +the time of the legislature and so distracted and divided its members +that no criminal code has been provided. It is urgently necessary that +Congress should at once, by joint resolution or otherwise, continue +the laws of Nebraska in force, and save pending criminal arrests and +prosecutions at least. The reconvening of the legislature does not +under the existing circumstances promise any relief. + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _December 23, 1890_. + +_To the Senate and House of Representatives_: + +I transmit herewith a letter of the Secretary of the Navy, accompanied +by the report of the commission appointed by me by virtue of a provision +in the naval appropriation bill approved June 30, 1890, for the purpose +of selecting a suitable site "for a dry dock at some point on the shores +of the Pacific Ocean, or the waters connected therewith, north of the +parallel of latitude marking the northern boundary of California, +including the waters of Puget Sound and also Lakes Union and Washington, +in the State of Washington." + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _January 5, 1891_. + +_To the House of Representatives_: + +In further response to the resolution of the House of Representatives +requesting me, if in my judgment not incompatible with the public +interest, to furnish to the House the correspondence since March 4, +1889, between the Government of the United States and the Government +of Great Britain touching the subjects in dispute in the Bering Sea, +I transmit herewith a letter from the Secretary of State, which is +accompanied by the correspondence which has taken place since my +message of July 23, 1890.[16] + +BENJ. HARRISON. + +[Footnote 16: See p. 80.] + + + +EXECUTIVE MANSION, _January 10, 1891_. + +_To the Senate and House of Representatives_: + +I transmit herewith a memorial of the legislative assembly of the +Territory of Oklahoma, asking an appropriation for the relief of the +destitute people of that Territory. + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _January 16, 1891_. + +_To the Senate and House of Representatives_: + +I transmit herewith the report of the World's Columbian Commission, with +the accompanying papers. + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _January 19, 1891_. + +_To the Senate and House of Representatives_: + +I transmit herewith a communication of the 17th instant from the +Secretary of the Interior, submitting the agreement entered into between +the Crow Indians and the commission appointed to negotiate with them +for the sale to the United States of the western portion of their +reservation in Montana under the provisions of the act of September 25, +1890. + +It is thought important by the Department that this matter receive the +consideration of Congress during the present session. + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _January 26, 1891_. + +_To the Senate and House of Representatives_: + +I transmit herewith a letter of the Secretary of War, accompanied by +the final report of the board on gun factories and steel forgings for +high-power guns, and appendixes thereto. + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _January 26, 1891_. + +_To the Senate and House of Representatives_: + +I transmit herewith a letter of the Secretary of the Interior, +accompanied by a letter from the Commissioner of Indian Affairs, who +transmits a draft of a bill for compensating the Indians of the Crow +Creek Reservation for the loss sustained by them by reason of their +receiving less land per capita in their diminished reservations than is +to be received by Indians occupying other diminished reservations. + +The matter is presented for the early consideration of the Congress. + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _January 31, 1891_. + +_To the Senate and House of Representatives_: + +The sudden death of the Hon. William Windom, Secretary of the Treasury, +in New York, on the evening of the 29th instant, has directed my +attention to the present state of the law as to the filling of a vacancy +occasioned by the death of the head of a Department. + +I transmit herewith an opinion of the Attorney-General, from which +it will be seen that under the statutes in force no officer in the +Treasury Department or other person designated by me can exercise the +duties of Secretary of the Treasury for a longer period than ten days. +This limitation is, I am sure, unwise, and necessarily involves in +such a case as that now presented undue haste and even indelicacy. +The President should not be required to take up the question of the +selection of a successor before the last offices of affection and +respect have been paid to the dead. If the proprieties of an occasion as +sad as that which now overshadows us are observed, possibly one-half of +the brief time allowed is gone before, with due regard to the decencies +of life, the President and those with whom he should advise can take up +the consideration of the grave duty of selecting a head for one of the +greatest Departments of the Government. + +Hasty action by the Senate is also necessarily involved, and +geographical limitations are practically imposed by the necessity of +selecting some one who can reach the capital and take the necessary oath +of office before the expiration of the ten days. + +It may be a very proper restriction of the power of the President in +this connection that he shall not designate for any great length of time +a person to discharge these important duties who has not been confirmed +by the Senate, but there would seem to be no reason why one of the +assistant secretaries of the Department wherein the vacancy exists might +not discharge the duties of Secretary until a successor is selected, +confirmed, and qualified. The inconvenience of this limitation was made +apparent at the time of the death of Secretary Folger. President Arthur +in that case allowed one of the assistant secretaries, who had been +designated to act in the absence of the Secretary, to continue in the +discharge of such duties for ten days, then designated the same person +to discharge the duties for a further term of ten days, and then made a +temporary appointment as Secretary, in order to secure the consideration +that he needed in filling this important place. + +I recommend such a modification of the existing law as will permit the +first or sole assistant, or, in the case of the Treasury Department, +where the assistants are not graded, that one who may be designated by +the President, to discharge the duties of the head of the Department +until a successor is appointed and qualified. + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _February 10, 1891_. + +_To the Senate_: + +I transmit herewith the correspondence called for by the resolution of +the Senate of the 6th instant, relating to the conduct of Commander +Reiter in connection with the arrest and killing of General Barrundia. + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _February 13, 1891_. + +_To the Senate and House of Representatives_: + +The Admiral of the Navy, David Dixon Porter, died at his residence +in the city of Washington this morning at 8.15 o'clock, in the +seventy-eighth year of his age. He entered the naval service as a +midshipman February 2, 1829, and had been since continuously in service, +having been made Admiral August 15, 1870. He was the son of Commodore +David Porter, one of the greatest of our naval commanders. His service +during the Civil War was conspicuously brilliant and successful, and +his death ends a very high and honorable career. His countrymen will +sincerely mourn his loss while they cherish with grateful pride the +memory of his deeds. To officers of the Navy his life will continue +to yield inspiration and encouragement. + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _Washington, D.C., February 14, 1891_. + +_To the Senate and House of Representatives_: + +I transmit herewith the sixth annual report of the Commissioner of +Labor. This report relates to the cost of producing iron and steel and +the materials of which iron is made in the United States and in Europe, +and the earnings, the efficiency, and the cost of living of the men +employed in such production. + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _February 14, 1891_. + +_To the Senate and House of Representatives_: + +The death of William Tecumseh Sherman, which took place to-day at his +residence in the city of New York, at 1 o'clock and 50 minutes p.m., is +an event that will bring sorrow to the heart of every patriotic citizen. +No living American was so loved and venerated as he. To look upon his +face, to hear his name, was to have one's love of country intensified. +He served his country, not for fame, not out of a sense of professional +duty, but for love of the flag and of the beneficent civil institutions +of which it was the emblem. He was an ideal soldier, and shared to the +fullest the _esprit de corps_ of the Army; but he cherished the civil +institutions organized under the Constitution, and was a soldier only +that these might be perpetuated in undiminished usefulness and honor. +He was in nothing an imitator. + +A profound student of military science and precedent, he drew from them +principles and suggestions, and so adapted them to novel conditions that +his campaigns will continue to be the profitable study of the military +profession throughout the world. His genial nature made him comrade to +every soldier of the great Union Army. No presence was so welcome and +inspiring at the camp fire or commandery as his. His career was +complete; his honors were full. He had received from the Government the +highest rank known to our military establishment and from the people +unstinted gratitude and love. No word of mine can add to his fame. His +death has followed in startling quickness that of the Admiral of the +Navy; and it is a sad and notable incident that when the Department +under which he served shall have put on the usual emblems of mourning +four of the eight Executive Departments will be simultaneously draped +in black, and one other has but today removed the crape from its walls. + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _February 26, 1891_. + +_To the Senate and House of Representatives_: + +I transmit herewith a report of the Secretary of State and accompanying +documents, in relation to the execution of letters rogatory in foreign +countries. + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _February 26, 1891_. + +_To the Senate of the United States_: + +I transmit herewith, in reply to the resolution of the Senate of the 9th +instant, a report from the Secretary of State, accompanied by the papers +relating to the commercial arrangement recently entered into with +Brazil. + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _March 3, 1891_. + +_To the Senate_: + +In accordance with the resolution of the Senate of this date, I return +herewith Senate bill 1453, to provide for the purchase of a site and the +erection of a public building thereon at Saginaw, in the State of +Michigan. + +BENJ. HARRISON. + + + + +VETO MESSAGES. + + +EXECUTIVE MANSION, _December 24, 1890_. + +_To the Senate_: + +I return to the Senate, in which it originated, with my objections, the +bill (No. 544) "to provide for the purchase of a site and the erection +of a public building thereon at Bar Harbor, in the State of Maine." The +statement of a few facts will show, I think, that the public needs do +not justify the contemplated expenditure of $75,000 for the erection +of a public building at Bar Harbor. Only one public office, the +post-office, is to be accommodated. It appears from a report of the +Postmaster-General that the rent paid by the United States for a room +containing 875 square feet of floor space was in 1888 $300 and the +expenditure for fuel and lights $60. One clerk was employed in the +office and no carriers. The gross postal receipts for that year were +$7,000. Bar Harbor is almost wholly a summer resort. The population of +the town of Eden, of which Bar Harbor forms a part, as taken by the +census enumerators, was less than 2,000. During one quarter of the year +this population is largely increased by summer residents and visitors, +but for the other three quarters is not much above the census +enumeration. The postal receipts for 1890 by quarters show that for more +than half the year the gross receipts of the post-office are about $8 +per day. The salary of a janitor for the new building would be more than +twice the present cost to the Government of rent, fuel, and lights. +I can not believe that upon reconsideration the Congress will approve +the contemplated expenditure. + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _January 26, 1891_. + +_To the House of Representatives_: + +I return herewith without my approval the bill (H.R. 12365) entitled +"An act to authorize Oklahoma City, in Oklahoma Territory, to issue +bonds to provide a right of way for the Choctaw Coal and Railway Company +through said city." This bill authorizes the corporation of Oklahoma +City to issue corporate bonds to the amount of $40,000 for the purpose +of providing the right of way for a railroad company through the city, +if the proposition shall receive the assent of a majority of the legal +voters at an election to be called for that purpose. + +It is attempted to distinguish this case from the ordinary case of +a municipal grant to a railway company by the fact that this railway +company had located its line through the lands afterwards settled upon +under the town-site law before such settlement, and that the route thus +located cuts the plat of the city diagonally and in a way to be very +injurious to property interests. + +Upon an examination of the facts it appears to me to be clear that no +legal location was made by the railway company prior to the acquisition +of the lands by the occupying settlers. Some preliminary surveys had +been made, but no map of location had been filed with the Secretary of +the Interior. If the rights of this company at this point of its road +as to right of way are derived from the general statute of the United +States upon that subject (U. S. Revised Statutes, Supplement, p. 87), +then section 4 distinctly saves the right of any settler who had located +prior to the filing of a profile of the road and the approval by the +Secretary of the Interior thereof. And if, on the other hand, the rights +of the company at the point indicated are derived from the act of +Congress of February 18, 1888, "to authorize the Choctaw Coal and +Railway Company to construct and operate a railway through the Indian +Territory, and for other purposes," section 6 of that act also plainly +protects the right of any occupying claimant. The latter statute, it +seems to me, was intended to grant a right of way only through Indian +lands, and if these lands were not such the general statute to which +I have referred would apply; but in either event the conclusion is the +same. + +It appears from the report of the committee that its favorable action, +and, I must assume, the favorable action of Congress, proceeded upon the +theory that there was a real controversy, doubtful as to its issue, as +to the right of the railroad company to hold the line of its survey +through the city. + +Stripped, then, of this claim the proposition is nakedly one to +authorize Oklahoma City to donate $40,000 to the Choctaw Coal and +Railway Company. The general statute of the United States prohibits +such grants, and this must stand until repealed as a continuing +expression of legislative opinion. If a departure from this rule is to +be allowed at all, certainly it should only be where the circumstances +are exceptional. Such circumstances, in my opinion, do not exist in +this case. Already I have received from other cities in the Territory +protests against special legislation of this sort, accompanied by the +suggestion that if this policy is admitted other cities shall also be +allowed to encourage the building of roads by donation. + +Oklahoma City, according to the report of the Census Office, has a +population of about 4,100, and this donation would be equivalent to +nearly $10 per capita. Very little real estate, whether town-site or +country property, in this Territory is yet subject to assessment for +taxation. The people have not yet had time to accumulate, and Congress +has received appeals for aid to relieve a prevailing distress which the +Territorial authorities have found themselves unable to deal with. It +does not seem to me, in view of all these facts, that the wholesome rule +prescribed by the general statute should be departed from. + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _February 26, 1891_. + +_To the Senate_: + +I return to the Senate without my approval the bill (S. 4620) "to +establish the Record and Pension Office of the War Department, and for +other purposes." + +This bill proposes to change the designation of one of the divisions of +the War Department. It is now the "Record and Pension Division," and it +is proposed that it shall hereafter be the "Record and Pension Office" +of the War Department. The scope of the work assigned to this division +or office is not changed, but the organization now existing under +a classification made by the Secretary of War is by the bill made +permanent and put beyond the control of the Secretary. The change of +designation seems to have been intended to add dignity to the position, +and the effect of the bill is probably to require that the chief of this +office shall hereafter be appointed only by and with the advice and +consent of the Senate, though it is not clear that any provision is made +for a chief after the particular person designated in the bill has been +separated from the place or in case he is not appointed. + +The real object of the bill is disclosed in the following clause: + + The President is hereby authorized to nominate and, by and with the + advice and consent of the Senate, to appoint the officer now in charge + of said Record and Pension Division to be a colonel in the Army and + chief of said office. + + +It is fairly to be implied from the bill that in the opinion of Congress +the public interests would be promoted by making the contemplated change +in the grade of this office and by giving the rank and pay of a colonel +in the Army to the chief. A new and rather anomalous office is therefore +created--that of "colonel in the Army and chief of the Record and +Pension Office of the War Department"--but upon the condition that the +President shall nominate a particular person to fill it. I do not think +it is competent for Congress to designate the person who shall fill an +office created by law, and practically nothing remains of the bill under +consideration if this person is not to be appointed. The office is an +important one, connected with the active civil administration of the War +Department. I can not agree that the selection of the officer shall be +taken out of the discretion of the Executive, where the responsibility +for good administration necessarily rests. It is probably true that the +officer intended to be benefited is peculiarly deserving and has had +remarkable success in the discharge of the duties of the office; but +these are considerations for the appointing power, and might safely have +been left there. + +If this particular appointment was backed by reasons so obvious as +to secure the support of both Houses of Congress, it should have been +assumed that these reasons could have been made obvious to the Executive +by the ordinary methods. In connection with the Army and Navy retired +lists, legislation akin to this has become quite frequent, too frequent +in my opinion; but these laws have been regarded as grants of pensions +rather than of offices. + +If it is to be allowed that active places connected with the Executive +Departments can be created upon condition that particular persons are or +are not to be designated to fill them, the power of appointment might be +wholly diverted from the Executive to the Congress. + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _March 2, 1891_. + +_To the Senate_: + +I return herewith without my approval the bill (S. 3270) "for the relief +of the administratrix of the estate of George W. Lawrence." + +If I rightly construe this bill, it authorizes the Court of Claims to +give judgment in favor of the contractor with the United States for +the construction of the vessels named (_Agawam_ and _Pontoosuc_) for +the difference between the contract price and the actual cost to the +contractor of building the vessels, subject only to the condition that +nothing shall be allowed for any advance in the price of labor or +material unless such advance occurred during the prolonged term for +completing the work rendered necessary by delay resulting from the +action of the Government. The bill is somewhat obscure, but I have, +I think, correctly stated the legal effect of it. + +Undoubtedly in contracts made for army and navy supplies and +construction during the early days of the war there was not infrequently +loss to the contractor by reason of the advance in the cost of labor +resulting from the withdrawal of so large a body of men for service in +the field and the indirect result of this upon the cost of material; but +I can not believe that it is the purpose of Congress to reopen such +contracts at this late day and to pay to the contractors the cost of the +work or material which they stipulated to do or deliver at fixed prices. +In the matter of another vessel constructed by this same claimant and +in the case of one other similar claim I approved bills at the last +session, but they carefully limited any finding by the Court of Claims +to such losses as necessarily resulted from the interference by the +Government with the progress of the work, thus creating delays and +enhanced cost. + +In those cases the Government only undertook to make good losses +resulting directly and unavoidably from its own acts. If the principle +which seems to me to be embodied in the bill under consideration is +adopted, I do not see how the Congress can refuse in all cases of all +sorts of contracts to make good the losses resulting from appreciation +in the cost of labor and material. The expenditure that such a policy +would entail is incalculable, and the policy itself is, in my judgment, +indefensible. The bill at the last session for the relief of this +claimant in the case of another vessel constructed by him was, as I have +said, carefully put upon the lines I have indicated, and if this claim +could have been maintained upon, those lines I assume that the bill +would have been similar in its provisions. + +BENJ. HARRISON. + + + + +PROCLAMATIONS. + + +BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. + +A PROCLAMATION. + +Whereas satisfactory proof has been presented to me that provision has +been made for adequate grounds and buildings for the uses of the World's +Columbian Exposition, and that a sum not less than $10,000,000, to be +used and expended for the purposes of said exposition, has been provided +in accordance with the conditions and requirements of section 10 of +an act entitled "An act to provide for celebrating the four hundredth +anniversary of the discovery of America by Christopher Columbus by +holding an international exhibition of arts, industries, manufactures, +and the products of the soil, mine, and sea, in the city of Chicago, +in the State of Illinois," approved April 25, 1890: + +Now, therefore, I, Benjamin Harrison, President of the United States, by +virtue of the authority vested in me by said act, do hereby declare and +proclaim that such international exhibition will be opened on the 1st +day of May, in the year 1893, in the city of Chicago, in the State of +Illinois, and will not be closed before the last Thursday in October of +the same year. And in the name of the Government and of the people of +the United States I do hereby invite all the nations of the earth to +take part in the commemoration of an event that is preeminent in human +history and of lasting interest to mankind by appointing representatives +thereto and sending such exhibits to the World's Columbian Exposition as +will most fitly and fully illustrate their resources, their industries, +and their progress in civilization. + +In testimony whereof I have hereunto set my hand and caused the seal of +the United States to be affixed. + +[SEAL.] + +Done at the city of Washington, this 24th day of December, 1890, and of +the Independence of the United States the one hundred and fifteenth. + +BENJ. HARRISON. + +By the President: + JAMES G. BLAINE, + _Secretary of State_. + + + +BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. + +A PROCLAMATION. + +Whereas, pursuant to section 3 of the act of Congress approved October +1, 1890, entitled "An act to reduce the revenue and equalize duties on +imports, and for other purposes," the Secretary of State of the United +States of America communicated to the Government of the United States of +Brazil the action of the Congress of the United States of America, with +a view to secure reciprocal trade, in declaring the articles enumerated +in said section 3, to wit, sugars, molasses, coffee, and hides, to be +exempt from duty upon their importation into the United States of +America; and + +Whereas the envoy extraordinary and minister plenipotentiary of Brazil +at Washington has communicated to the Secretary of State the fact that, +in due reciprocity for and in consideration of the admission into the +United States of America free of all duty of the articles enumerated in +section 3 of said act, the Government of Brazil has by legal enactment +authorized the admission, from and after April 1, 1891, into all the +established ports of entry of Brazil, free of all duty, whether +national, state, or municipal, of the articles or merchandise named in +the following schedule, provided that the same be the product and +manufacture of the United States of America: + + + 1.--SCHEDULE OF ARTICLES TO BE ADMITTED FREE INTO BRAZIL. + + Wheat. + Wheat flour. + Corn or maize and the manufactures thereof, including corn meal and + starch. + Rye, rye flour, buckwheat, buckwheat flour, and barley. + Potatoes, beans, and pease. + Hay and oats. + Pork, salted, including pickled pork and bacon, except hams. + Fish, salted, dried, or pickled. + Cotton-seed oil. + Coal, anthracite and bituminous. + Rosin, tar, pitch, and turpentine. + Agricultural tools, implements, and machinery. + Mining and mechanical tools, implements, and machinery, including + stationary and portable engines and all machinery for manufacturing + and industrial purposes, except sewing machines. + Instruments and books for the arts and sciences. + Railway construction material and equipment. + + +And that the Government of Brazil has by legal enactment further +authorized the admission into all the established ports of entry of +Brazil, with a reduction of 25 per cent of the duty designated on the +respective article in the tariff now in force or which may hereafter +be adopted in the United States of Brazil, whether national, state, +or municipal, of the articles or merchandise named in the following +schedule, provided that the same be the product or manufacture of the +United States of America: + + 2.--SCHEDULE OF ARTICLES TO BE ADMITTED INTO BRAZIL, WITH A REDUCTION + OF DUTY OF 25 PER CENT. + + Lard and substitutes therefor. + Bacon hams. + Butter and cheese. + Canned and preserved meats, fish, fruits, and vegetables. + Manufactures of cotton, including cotton clothing. + Manufactures of iron and steel, single or mixed, not included in the + foregoing free schedule. + Leather and the manufactures thereof, except boots and shoes. + Lumber, timber, and the manufactures of wood, including cooperage, + furniture of all kinds, wagons, carts, and carriages. + Manufactures of rubber. + + +And that the Government of Brazil has further provided that the laws +and regulations adopted to protect its revenue and prevent fraud in the +declarations and proof that the articles named in the foregoing schedules +are the product or manufacture of the United States of America shall +place no undue restrictions on the importer nor impose any additional +charges or fees therefor on the articles imported; + +And whereas the Secretary of State has, by my direction, given assurance +to the envoy extraordinary and minister plenipotentiary of Brazil at +Washington that this action of the Government of Brazil in granting +exemption of duties to the products and manufactures of the United +States of America is accepted as a due reciprocity for the action of +Congress as set forth in section 3 of said act: + +Now, therefore, be it known that I, Benjamin Harrison, President of the +United States of America, have caused the above-stated modifications of +the tariff law of Brazil to be made public for the information of the +citizens of the United States of America. + +In testimony whereof I have hereunto set my hand and caused the seal of +the United States to be affixed. + +[SEAL.] + +Done at the city of Washington, this 5th day of February, 1891, and of +the Independence of the United States of America the one hundred and +fifteenth. + +BENJ. HARRISON. + +By the President: + JAMES G. BLAINE, + _Secretary of State_. + + + +BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. + +A PROCLAMATION. + +Whereas it is provided by section 24 of an act approved March 3, 1891, +entitled "An act to repeal timber-culture laws, and for other +purposes"-- + + That the President of the United States may from time to time set apart + and reserve in any State or Territory having public land bearing + forests, in any part of the public lands wholly or in part covered with + timber or undergrowth, whether of commercial value or not, as public + reservations; and the President shall by public proclamation declare + the establishment of such reservations and limits thereof. + + +Now, therefore, I, Benjamin Harrison, President of the United States, by +virtue of the power in me vested, do hereby make known and proclaim that +there has been and is hereby reserved from entry or settlement and set +apart for a public forest reservation all that tract of land situate in +the State of Wyoming contained within the following-described +boundaries: + +Beginning at a point on the parallel of 44 deg. 50' where said parallel is +intersected by the meridian of 110 deg. west longitude; thence due east +along said parallel to the meridian of 109 deg. 30' west longitude; thence +due south along said meridian to the forty-fourth parallel of north +latitude; thence due west along said parallel to its point of +intersection with the west boundary of the State of Wyoming; thence due +north along said boundary line to its intersection with the south +boundary of the Yellowstone National Park. + +Warning is hereby expressly given to all persons not to enter or make +settlement upon the tract of land reserved by this proclamation. + +In witness whereof I have hereunto set my hand and caused the seal of +the United States to be affixed. + +[SEAL.] + +Done at the city of Washington, this 30th day of March, A.D.1891, and of +the Independence of the United States the one hundred and fifteenth. + +BENJ. HARRISON. + +By the President: + JAMES G. BLAINE, + _Secretary of State_. + + + +BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. + +A PROCLAMATION. + +The following provisions of the laws of the United States are hereby +published for the information of all concerned: + +Section 1956, Revised Statutes, chapter 3, Title XXIII, enacts that-- + + No person shall kill any otter, mink, marten, sable, or fur seal, or + other fur-bearing animal within the limits of Alaska Territory or in + the waters thereof; and every person guilty thereof shall for each + offense be fined not less than $200 nor more than $1,000, or imprisoned + not more than six months, or both; and all vessels, their tackle, + apparel, furniture, and cargo, found engaged in violation of this + section shall be forfeited; but the Secretary of the Treasury shall + have power to authorize the killing of any such mink, marten, sable, or + other fur-bearing animal, except fur seals, under such regulations as + he may prescribe; and it shall be the duty of the Secretary to prevent + the killing of any fur seal and to provide for the execution of the + provisions of this section until it is otherwise provided by law, nor + shall he grant any special privileges under this section. + + * * * * * + +Section 3 of the act entitled "An act to provide for the protection of +the salmon fisheries of Alaska," approved March 2, 1889, provides that-- + + SEC. 3. That section 1956 of the Revised Statutes of the United States + is hereby declared to include and apply to all the dominion of the + United States in the waters of Bering Sea, and it shall be the duty + of the President at a timely season in each year to issue his + proclamation, and cause the same to be published for one month in at + least one newspaper (if any such there be) published at each United + States port of entry on the Pacific coast, warning all persons against + entering such waters for the purpose of violating the provisions of + said section, and he shall also cause one or more vessels of the United + States to diligently cruise said waters and arrest all persons and + seize all vessels found to be or to have been engaged in any violation + of the laws of the United States therein. + + +Now, therefore, I, Benjamin Harrison, President of the United States, +pursuant to the above-recited statutes, hereby warn all persons against +entering the waters of Bering Sea within the dominion of the United +States for the purpose of violating the provisions of said section 1956, +Revised Statutes; and I hereby proclaim that all persons found to be or +to have been engaged in any violation of the laws of the United States +in said waters will be arrested and punished as above provided, and that +all vessels so employed, their tackle, apparel, furniture, and cargoes, +will be seized and forfeited. + +In testimony whereof I have hereunto set my hand and caused the seal of +the United States to be affixed. + +[SEAL.] + +Done at the city of Washington, this 4th day of April, 1891, and of the +Independence of the United States the one hundred and fifteenth. + +BENJ. HARRISON. + +By the President: + JAMES G. BLAINE, + _Secretary of State_. + + + +BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. + +A PROCLAMATION. + +Whereas, pursuant to an act of Congress approved May 15, 1886, entitled +"An act making appropriations for the current and contingent expenses +of the Indian Department and for fulfilling treaty stipulations with +various tribes for the year ending June 30, 1887, and for other +purposes," an agreement was entered into on the 14th day of December, +1886, by John V. Wright, Jared W. Daniels, and Charles F. Larrabee, +commissioners on the part of the United States, and the Arickaree, Gros +Ventre, and Mandan tribes of Indians, residing on the Fort Berthold +Reservation, in the then Territory of Dakota, now State of North Dakota, +embracing a majority of all the male adult members of said tribes; and + +Whereas by an act of Congress approved March 3, 1891, entitled "An act +making appropriations for the current and contingent expenses of the +Indian Department and for fulfilling treaty stipulations with various +Indian tribes for the year ending June 30, 1892, and for other +purposes," the aforesaid agreement of December 14, 1886, was accepted, +ratified, and confirmed, except as to article 6 thereof, which was +modified and changed on the part of the United States so as to read +as follows: + + That the residue of lands within said diminished reservation, after all + allotments have been made as provided in article 3 of this agreement, + shall be held by the said tribes of Indians as a reservation. + + +And whereas it is provided in said last above-mentioned act-- + + That this act shall take effect only upon the acceptance of the + modification and changes made by the United States as to article 6 of + the said agreement by the said tribes of Indians in manner and form as + said agreement was assented to, which said acceptance and consent shall + be made known by proclamation by the President of the United States, + upon satisfactory proof presented to him that the said acceptance and + consent have been obtained in such manner and form. + + +And whereas satisfactory proof has been presented to me that the +acceptance of and consent to the provisions of the act last named by +the different bands of Indians residing on said reservation have been +obtained in manner and form as said agreement of December 14, 1886, +was assented to: + +Now, therefore, I, Benjamin Harrison, President of the United States, by +virtue of the power in me vested, do hereby make known and proclaim the +acceptance of and consent to the modification and changes made by the +United States as to article 6 of said agreement by said tribe of Indians +as required by the act, and said act is hereby declared to be in full +force and effect, subject to all provisions, conditions, limitations, +and restrictions therein contained. + +All persons will take notice of the provisions of said act and of the +conditions and restrictions therein contained, and be governed +accordingly. + +I furthermore notify all persons to particularly observe that +a certain portion of the said Fort Berthold Reservation not ceded and +relinquished by said agreement is reserved for allotment to, and also +as a reservation for, the said tribes of Indians; and all persons are +therefore hereby warned not to go upon any of the lands so reserved for +any purpose or with any intent whatsoever, as no settlement or other +rights can be secured upon said lands, and all persons found unlawfully +thereon will be dealt with as trespassers and intruders; and I hereby +declare all the lands sold, ceded, and relinquished to the United States +under said agreement, namely, "all that portion of the Fort Berthold +Reservation, as laid down upon the official map of the" (then) +"Territory of Dakota published by the General Land Office in the year +1885, lying north of the forty-eighth parallel of north latitude, and +also all that portion lying west of a north and south line 6 miles west +of the most westerly point of the big bend of the Missouri River, south +of the forty-eighth parallel of north latitude," open to settlement and +subject to disposal as provided in section 25 of the act of March 3, +1891, aforesaid (26 U.S. Statutes at Large, p. 1035). + +In witness whereof I have hereunto set my hand and caused the seal of +the United States to be affixed. + +[SEAL.] + +Done at the city of Washington, this 20th day of May, A.D. 1891, and of +the Independence of the United States the one hundred and fifteenth. + +BENJ. HARRISON. + +By the President: + WILLIAM F. WHARTON, + _Acting Secretary of State_. + + + +BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. + +A PROCLAMATION. + +Whereas an agreement for a _modus vivendi_ between the Government of the +United States and the Government of Her Britannic Majesty in relation to +the fur-seal fisheries in Bering Sea was concluded on the 15th day of +June, A.D. 1891, word for word as follows: + + + AGREEMENT BETWEEN THE GOVERNMENT OF THE UNITED STATES AND THE GOVERNMENT + OF HER BRITANNIC MAJESTY FOR A MODUS VIVENDI IN RELATION TO THE FUR-SEAL + FISHERIES IN BERING SEA. + + For the purpose of avoiding irritating differences and with a view to + promote the friendly settlement of the questions pending between the two + Governments touching their respective rights in Bering Sea, and for the + preservation of the seal species, the following agreement is made + without prejudice to the rights or claims of either party: + + (1) Her Majesty's Government will prohibit until May next seal killing + in that part of Bering Sea lying eastward of the line of demarcation + described in article No. 1 of the treaty of 1867 between the United + States and Russia, and will promptly use its best efforts to insure the + observance of this prohibition by British subjects and vessels. + + (2) The United States Government will prohibit seal killing for the same + period in the same part of Bering Sea and on the shores and islands + thereof the property of the United States (in excess of 7,500 to be + taken on the islands for the subsistence and care of the natives), and + will promptly use its best efforts to insure the observance of this + prohibition by United States citizens and vessels. + + (3) Every vessel or person offending against this prohibition in the + said waters of Bering Sea outside of the ordinary territorial limits of + the United States may be seized and detained by the naval or other duly + commissioned officers of either of the high contracting parties, but + they shall be handed over as soon as practicable to the authorities of + the nation to which they respectively belong, who shall alone have + jurisdiction to try the offense and impose the penalties for the same. + The witnesses and proofs necessary to establish the offense shall also + be sent with them. + + (4) In order to facilitate such proper inquiries as Her Majesty's + Government may desire to make with a view to the presentation of the + case of that Government before arbitrators, and in expectation that an + agreement for arbitration may be arrived at, it is agreed that suitable + persons designated by Great Britain will be permitted at any time, upon + application, to visit or to remain upon the seal islands during the + present sealing season for that purpose. + + Signed and sealed in duplicate at Washington, this 15th day of June, + 1891, on behalf of their respective Governments, by William F. Wharton, + Acting Secretary of State of the United States, and Sir Julian + Pauncefote, G.C.M.G., K.C.B., H.B.M. envoy extraordinary and minister + plenipotentiary. + + WILLIAM F. WHARTON. [SEAL.] + + JULIAN PAUNCEFOTE. [SEAL.] + + +Now, therefore, be it known that I, Benjamin Harrison, President of the +United States of America, have caused the said agreement to be made +public, to the end that the same and every part thereof may be observed +and fulfilled with good faith by the United States of America and the +citizens thereof. + +In witness whereof I have hereunto set my hand and caused the seal of +the United States to be affixed. + +[SEAL.] + +Done at the city of Washington, this 15th day of June, A.D. 1891, and of +the Independence of the United States the one hundred and fifteenth. + +BENJ. HARRISON. + +By the President: + WILLIAM F. WHARTON, + _Acting Secretary of State_. + + + +BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. + +A PROCLAMATION. + +Whereas it is provided by section 13 of the act of Congress of March 3, +1891, entitled "An act to amend Title LX, chapter 3, of the Revised +Statutes of the United States, relating to copyrights," that said act +"shall only apply to a citizen or a subject of a foreign state or nation +when such foreign state or nation permits to citizens of the United +States of America the benefit of copyright on substantially the same +basis as its own citizens, or when such foreign state or nation is a +party to an international agreement which provides for reciprocity in +the granting of copyright, by the terms of which agreement the United +States of America may at its pleasure become a party to such agreement;" +and + +Whereas it is also provided by said section that "the existence of +either of the conditions aforesaid shall be determined by the President +of the United States by proclamation made from time to time as the +purposes of this act may require;" and + +Whereas satisfactory official assurances have been given that in +Belgium, France, Great Britain and the British possessions, and +Switzerland the law permits to citizens of the United States the benefit +of copyright on substantially the same basis as to the citizens of those +countries: + +Now, therefore, I, Benjamin Harrison, President of the United States +of America, do declare and proclaim that the first of the conditions +specified in section 13 of the act of March 3, 1891, is now fulfilled in +respect to the citizens or subjects of Belgium, France, Great Britain, +and Switzerland. + +In testimony whereof I have hereunto set my hand and caused the seal of +the United States to be affixed. + +[SEAL.] + +Done at the city of Washington, this 1st day of July, 1891, and of the +Independence of the United States the one hundred and fifteenth. + +BENJ. HARRISON. + +By the President: + WILLIAM F. WHARTON, + _Acting Secretary of State_. + + + +BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. + +A PROCLAMATION. + +Whereas, pursuant to section 3 of the act of Congress approved October +1, 1890, entitled "An act to reduce the revenue and equalize duties on +imports, and for other purposes," the Secretary of State of the United +States of America communicated to the Government of Spain the action +of the Congress of the United States of America, with a view to secure +reciprocal trade, in declaring the articles enumerated in said section +3, to wit, sugars, molasses, coffee, and hides, to be exempt from duty +upon their importation into the United States of America; and + +Whereas the envoy extraordinary and minister plenipotentiary of Spain at +Washington has communicated to the Secretary of State the fact that, in +reciprocity and compensation for the admission into the United States of +America free of all duty of the articles enumerated in section 3 of said +act, the Government of Spain will by due legal enactment and as a +provisional measure admit, from and after September 1, 1891, into all +the established ports of entry of the Spanish islands of Cuba and Puerto +Rico the articles or merchandise named in the following transitory +schedule, on the terms stated therein, provided that the same be the +product or manufacture of the United States and proceed directly from +the ports of said States: + + + TRANSITORY SCHEDULE. + + Products or manufactures of the United States to be admitted into Cuba + and Puerto Rico free of duties: + + 1. Meats, in brine, salted or smoked, bacon, hams, and meats preserved + in cans, in lard or by extraction of air, jerked beef excepted. + + 2. Lard. + + 3. Tallow and other animal greases, melted or crude, unmanufactured. + + 4. Fish and shellfish, live, fresh, dried, in brine, smoked, pickled, + oysters and salmon in cans. + + 5. Oats, barley, rye, and buckwheat, and flour of these cereals. + + 6. Starch, maizena, and other alimentary products of corn, except corn + meal. + + 7. Cotton seed, oil and meal cake of said seed for cattle. + + 8. Hay, straw for forage, and bran. + + 9. Fruits, fresh, dried, and preserved, except raisins. + + 10. Vegetables and garden products, fresh and dried. + + 11. Resin of pine, tar, pitch, and turpentine. + + 12. Woods of all kinds, in trunks or logs, joists, rafters, planks, + beams, boards, round or cylindric masts, although cut, planed, and + tongued and grooved, including flooring. + + 13. Woods for cooperage, including staves, headings, and wooden hoops. + + 14. Wooden boxes, mounted or unmounted, except of cedar. + + 15. Woods, ordinary, manufactured into doors, frames, windows, and + shutters, without paint or varnish, and wooden houses, unmounted, + without paint or varnish. + + 16. Wagons and carts for ordinary roads and agriculture. + + 17. Sewing machines. + + 18. Petroleum, raw or unrefined, according to the classification fixed + in the existing orders for the importation of this article in said + islands. + + 19. Coal, mineral. + + 20. Ice. + + Products or manufactures of the United States to be admitted into Cuba + and Puerto Rico on payment of the duties stated: + + 21. Corn or maize, 25 cents per 100 kilograms. + + 22. Corn meal, 25 cents per 100 kilograms. + + 23. Wheat, from January 1, 1892, 30 cents per 100 kilograms. + + 24. Wheat flour, from January 1, 1892, $1 per 100 kilograms. + + Products or manufactures of the United States to be admitted into Cuba + and Puerto Rico at a reduction of duty of 25 per cent: + + 25. Butter and cheese. + + 26. Petroleum, refined. + + 27. Boots and shoes in whole or in part of leather or skins. + + +And whereas the envoy extraordinary and minister plenipotentiary of +Spain in Washington has further communicated to the Secretary of State +that the Government of Spain will in like manner and as a definitive +arrangement admit, from and after July 1, 1892, into all the established +ports of, entry of the Spanish islands of Cuba and Puerto Rico the +articles or merchandise named in the following schedules A, B, C, and D, +on the terms stated therein, provided that the same be the product or +manufacture of the United States and proceed directly from the ports of +said States: + + + SCHEDULE A. + + Products or manufactures of the United States to be admitted into Cuba + and Puerto Rico free of duties: + + 1. Marble, jasper, and alabaster, natural or artificial, in rough or + in pieces, dressed, squared, and prepared for taking shape. + + 2. Other stones and earthy matters, including cement, employed in + building, the arts and industries. + + 3. Waters, mineral or medicinal. + + 4. Ice. + + 5. Coal, mineral. + + 6. Resin, tar, pitch, turpentine, asphalt, schist, and bitumen. + + 7. Petroleum, raw or crude, in accordance with the classification + fixed in the tariff of said islands. + + 8. Clay, ordinary, in paving tiles, large and small, bricks, and roof + tiles unglazed, for the construction of buildings, ovens, and other + similar purposes. + + 9. Gold and silver coin. + + 10. Iron, cast, in pigs, and old iron and steel. + + 11. Iron, cast, in pipes, beams, rafters, and similar articles for + the construction of buildings and in ordinary manufactures. + (See repertory.) + + 12. Iron, wrought, and steel, in bars, rails and bars of all kinds, + plates, beams, rafters, and other similar articles for construction + of buildings. + + 13. Iron, wrought, and steel, in wire, nails, screws, nuts, and pipes. + + 14. Iron, wrought, and steel, in ordinary manufactures, and wire cloth + unmanufactured. (See repertory.) + + 15. Cotton, raw, with or without seed. + + 16. Cotton seed, oil and meal cake of same for cattle. + + 17. Tallow and all other animal greases, melted or crude, + unmanufactured. + + 18. Books and pamphlets, printed, bound and unbound. + + 19. Woods of all kinds, in trunks or logs, joists, rafters, planks, + beams, boards, and round or cylindric masts, although cut, planed, + tongued and grooved, including flooring. + + 20. Wooden cooperage, including staves, headings, and wooden hoops. + + 21. Wooden boxes, mounted or unmounted, except of cedar. + + 22. Woods, ordinary, manufactured into doors, frames, windows, and + shutters, without paint or varnish, and wooden houses, unmounted, + without paint or varnish. + + 23. Woods, ordinary, manufactured into all kinds of articles, turned or + unturned, painted or varnished, except furniture. (See repertory.) + + 24. Manures, natural or artificial. + + 25. Implements, utensils, and tools for agriculture, the arts, and + mechanical trades. + + 26. Machines and apparatus, agricultural, motive, industrial, and + scientific, of all classes and materials, and loose pieces for the + same, including wagons, carts, and handcarts for ordinary roads + and agriculture. + + 27. Material and articles for public works, such as railroads, + tramways, roads, canals for irrigation and navigation, use of + waters, ports, light-houses, and civil construction of general + utility, when introduced by authorization of the Government or if + free admission is obtained in accordance with local laws. + + 28. Materials of all classes for the construction, repair in whole or + in part of vessels, subject to specific regulations to avoid abuse + in the importation. + + 29. Meats, in brine, salted and smoked, including bacon, hams, and + meats preserved in cans, in lard or by extraction of air, jerked + beef excepted. + + 30. Lard and butter. + + 31. Cheese. + + 32. Fish and shellfish, live, fresh, dried, in brine, salted, smoked, + and pickled, oysters and salmon in cans. + + 33. Oats, barley, rye, and buckwheat, and flour of these cereals. + + 34. Starch, maizena, and other alimentary products of corn, except corn + meal. + + 35. Fruits, fresh, dried, and preserved, except raisins. + + 36. Vegetables and garden products, fresh and dried. + + 37. Hay, straw for forage, and bran. + + 38. Trees, plants, shrubs, and garden seeds. + + 39. Tan bark. + + + SCHEDULE B. + + Products or manufactures of the United States to be admitted into Cuba + and Puerto Rico on payment of the duties stated: + + 40. Corn or maize, 25 cents per 100 kilograms. + + 41. Corn meal, 25 cents per 100 kilograms. + + 42. Wheat, 30 cents per 100 kilograms. + + 43. Wheat flour, $1 per 100 kilograms. + + 44. Carriages, cars and other vehicles for railroads or tramways, + where authorization of the Government for free admission has not + been obtained, 1 per cent _ad valorem_. + + + SCHEDULE C. + + Products or manufactures of the United States to be admitted into Cuba + and Puerto Rico at a reduction of duty of 50 per cent: + + 45. Marble, jasper, and alabaster of all kinds, cut into flags, slabs, + or steps, and the same worked or carved in all kinds of articles, + polished or not. + + 46. Glass and crystal ware, plate and window glass, and the same + silvered, quicksilvered, and platinized. + + 47. Clay in tiles, large and small, and mosaic for pavement, colored + tiles, roof tiles glazed, and pipes. + + 48. Stoneware and fine earthenware, and porcelain. + + 49. Iron, cast, in fine manufactures or those polished, with coating of + porcelain or part of other metals. (See repertory.) + + 50. Iron, wrought, and steel, in axles, tires, springs, and wheels for + carriages, rivets and their washers. + + 51. Iron, wrought, and steel, in fine manufactures or those polished, + with coating of porcelain or part of other metals, not expressly + comprised in other numbers of these schedules, and platform scales + for weighing. (See repertory.) + + 52. Needles, pens, knives (table and carving), razors, penknives, + scissors, pieces for watches, and other similar articles of iron + and steel. + + 53. Tin plate in sheets or manufactured. + + 54. Copper, bronze, brass, and nickel, and alloys of same with common + metals, in lump or bars, and all manufactures of the same. + + 55. All other common metals and alloys of the same, in lump or bars, + and all manufactures of the same, plain, varnished, gilt, silvered, + or nickeled. + + 56. Furniture of all kinds, of wood or metal, including school + furniture, blackboards, and other materials for schools, and all + kinds of articles of fine woods not expressly comprised in other + numbers of these schedules. (See repertory.) + + 57. Rushes, esparto, vegetable hair, broom corn, willow, straw, palm, + and other similar materials, manufactured into articles of all + kinds. + + 58. Pastes for soups, rice flour, bread and crackers, and alimentary + farinas not comprised in other numbers of these schedules. + + 59. Preserved alimentary substances and canned goods not comprised in + other numbers of these schedules, including sausages, stuffed + meats, mustards, sauces, pickles, jams, and jellies. + + 60. Rubber and gutta-percha and manufactures thereof, alone or mixed + with other substances (except silk), and oilcloths and tarpaulin. + + 61. Rice, hulled or unhulled. + + + SCHEDULE D. + + Products or manufactures of the United States to be admitted into Cuba + and Puerto Rico at a reduction of duty of 25 per cent: + + 62. Petroleum, refined, and benzine. + + 63. Cotton, manufactured, spun or twisted, and in goods of all kinds, + woven or knit, and the same mixed with other vegetable or animal + fibers in which cotton is an equal or greater component part, and + clothing exclusively of cotton. + + 64. Rope, cordage, and twine of all kinds. + + 65. Colors, crude and prepared, with or without oil, inks of all kinds, + shoe blacking, and varnishes. + + 66. Soap, toilet, and perfumery. + + 67. Medicines, proprietary or patent and all others, and drugs. + + 68. Stearine and tallow manufactured in candles. + + 69. Paper for printing, for decorating rooms, of wood or straw, for + wrapping and packing, and bags and boxes of same, sandpaper and + pasteboard. + + 70. Leather and skins, tanned, dressed, varnished, or japanned, of all + kinds, including sole leather or belting. + + 71. Boots and shoes in whole or in part of leather or skins. + + 72. Trunks, valises, traveling bags, portfolios, and other similar + articles in whole or in part of leather. + + 73. Harness and saddlery of all kinds. + + 74. Watches and clocks of gold, silver, or other metals, with cases of + stone, wood, or other material, plain or ornamented. + + 75. Carriages of two or four wheels and pieces of the same. + + +It is understood that flour which on its exportation from the United +States has been favored with drawbacks shall not share in the foregoing +reduction of duty. + +The provisional arrangement as set forth in the transitory schedule +shall come to an end on July 1, 1892, and on that date be substituted by +the definitive arrangement as set forth in schedules A, B, C, and D. + +And that the Government of Spain has further provided that the laws +and regulations adopted to protect its revenue and prevent fraud in +the declarations and proof that the articles named in the foregoing +schedules are the product or manufacture of the United States of America +shall place no undue restrictions on the importer nor impose any +additional charges or fees therefor on the articles imported; and + +Whereas the Secretary of State has, by my direction, given assurance +to the envoy extraordinary and minister plenipotentiary of Spain at +Washington that this action of the Government of Spain in granting +exemption of duties to the products and manufactures of the United +States of America on their importation into Cuba and Puerto Rico is +accepted for those islands as a due reciprocity for the action of +Congress as set forth in section 3 of said act: + +Now, therefore, be it known that I, Benjamin Harrison, President of the +United States of America, have caused the above-stated modifications of +the tariff laws of Cuba and Puerto Rico to be made public for the +information of the citizens of the United States of America. + +In testimony whereof I have hereunto set my hand and caused the seal +of the United States to be affixed. + +[SEAL.] + +Done at the city of Washington, this 31st day of July, 1891, and of the +Independence of the United States of America the one hundred and +sixteenth. + +BENJ. HARRISON. + +By the President: + WILLIAM F. WHARTON, + _Acting Secretary of State_. + + + +BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. + +A PROCLAMATION. + +Whereas, pursuant to section 3 of the act of Congress approved October +1, 1890, entitled "An act to reduce the revenue and equalize duties on +imports, and for other purposes," the Secretary of State of the United +States of America communicated to the Government of the Dominican +Republic the action of the Congress of the United States of America, +with a view to secure reciprocal trade, in declaring the articles +enumerated in said section 3, to wit, sugars, molasses, coffee, and +hides, to be exempt from duty upon their importation into the United +States of America; and + +Whereas the envoy extraordinary and minister plenipotentiary of the +Dominican Republic at Washington has communicated to the special +plenipotentiary of the United States the fact that, in reciprocity and +compensation for the admission into the United States of America free +of all duty of the articles enumerated in section 3 of said act, the +Government of the Dominican Republic will by due legal enactment admit, +from and after September 1, 1891, into all the established ports of +entry of the Dominican Republic the articles or merchandise named in the +following schedules, on the terms stated therein, provided that the same +be the product or manufacture of the United States and proceed directly +from the ports of said States: + + + SCHEDULE A. + + Articles to be admitted free of duty into the Dominican Republic: + + 1. Animals, live. + + 2. Meats of all kinds, salted or in brine, but not smoked. + + 3. Corn or maize, corn meal, and starch. + + 4. Oats, barley, rye, and buckwheat, and flour of these cereals. + + 5. Hay, bran, and straw for forage. + + 6. Trees, plants, vines, and seeds, and grains of all kinds for + propagation. + + 7. Cotton-seed oil and meal cake of same. + + 8. Tallow, in cake or melted, and oil for machinery, subject to + examination and proof respecting the use of said oil. + + 9. Resin, tar, pitch, and turpentine. + + 10. Manures, natural and artificial. + + 11. Coal, mineral. + + 12. Mineral waters, natural and artificial. + + 13. Ice. + + 14. Machines, including steam engines and those of all other kinds, + and parts of the same, implements and tools for agricultural, + mining, manufacturing, industrial, and scientific purposes, + including carts, wagons, handcarts, and wheelbarrows, and parts + of the same. + + 15. Material for the construction and equipment of railways. + + 16. Iron, cast and wrought, and steel, in pigs, bars, rods, plates, + beams, rafters, and other similar articles for the construction + of buildings, and in wire, nails, screws, and pipes. + + 17. Zinc, galvanized and corrugated iron, tin and lead in sheets, + asbestus, tar paper, tiles, slate, and other material for roofing. + + 18. Copper in bars, plates, nails, and screws. + + 19. Copper and lead pipe. + + 20. Bricks, fire bricks, cement, lime, artificial stone, paving tiles, + marble and other stones in rough, dressed or polished, and other + earthy materials used in building. + + 21. Windmills. + + 22. Wire, plain or barbed, for fences, with hooks, staples, nails, and + similar articles used in the construction of fences. + + 23. Telegraph wire and telegraphic, telephonic, and electrical + apparatus of all kinds for communication and illumination. + + + 24. Wood and lumber of all kinds for building, in logs or pieces, + beams, rafters, planks, boards, shingles, flooring, joists, + wooden houses, mounted or unmounted, and accessory parts of + buildings. + + 25. Cooperage of all kinds, including staves, headings, and hoops, + barrels and boxes, mounted or unmounted. + + 26. Materials for shipbuilding. + + 27. Boats and lighters. + + 28. School furniture, blackboards, and other articles exclusively for + the use of schools. + + 29. Books, bound or unbound, pamphlets, newspapers and printed matter, + and paper for printing newspapers. + + 30. Printers' inks of all colors, type, leads, and all accessories for + printing. + + 31. Sacks, empty, for packing sugar. + + 32. Gold and silver coin and bullion. + + + SCHEDULE B. + + Articles to be admitted into the Dominican Republic at a reduction of + duty of 25 per cent: + + 33. Meats not included in Schedule A and meat products of all kinds + except lard. + + 34. Butter, cheese, and condensed or canned milk. + + 35. Fish and shellfish, salted, dried, smoked, pickled, or preserved + in cans. + + 36. Fruits and vegetables, fresh, canned, dried, pickled, or preserved. + + 37. Manufactures of iron and steel, single or mixed, not included in + Schedule A. + + 38. Cotton, manufactured, spun or twisted, and in fabrics of all kinds, + woven or knit, and the same fabrics mixed with other vegetable or + animal fibers in which cotton is the equal or greater component + part. + + 39. Boots and shoes in whole or in part of leather or skins. + + 40. Paper for writing, in envelopes, ruled or blank books, wall paper, + paper for wrapping and packing, for cigarettes, in cardboard, + boxes, and bags, sandpaper and pasteboard. + + 41. Tin plate and tinware for arts, industries, and domestic uses. + + 42. Cordage, rope, and twine of all kinds. + + 43. Manufactures of wood of all kinds not embraced in Schedule A, + including wooden ware, implements for household use, and + furniture in whole or in part of wood. + + +And that the Government of the Dominican Republic has further provided +that the laws and regulations adopted to protect its revenue and prevent +fraud in the declarations and proof that the articles named in the +foregoing schedules are the product or manufacture of the United States +of America shall place no undue restrictions on the importer nor impose +any additional charges or fees therefor on the articles imported; and + +Whereas the special plenipotentiary of the United States has, by my +direction, given assurance to the envoy extraordinary and minister +plenipotentiary of the Dominican Republic at Washington that this action +of the Government of the Dominican Republic in granting exemption of +duties to the products and manufactures of the United States of America +on their importation into the Dominican Republic is accepted as a due +reciprocity for the action of Congress as set forth in section 3 of said +act: + +Now, therefore, be it known that I, Benjamin Harrison, President of the +United States of America, have caused the above-stated modifications of +the tariff laws of the Dominican Republic to be made public for the +information of the citizens of the United States of America. + +In testimony whereof I have hereunto set my hand and caused the seal of +the United States to be affixed. + +[SEAL.] + +Done at the city of Washington, this 1st day of August, 1891, and of the +Independence of the United States of America the one hundred and +sixteenth. + +BENJ. HARRISON. + +By the President: + WILLIAM F. WHARTON, + _Acting Secretary of State_. + + + +BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. + +A PROCLAMATION. + +Whereas it is provided by section 24 of an act approved March 3, 1891, +entitled "An act to repeal timber-culture laws, and for other +purposes"-- + + That the President of the United States may from time to time set + apart and reserve in any State or Territory having public land bearing + forests, in any part of the public lands wholly or in part covered with + timber or undergrowth, whether of commercial value or not, as public + reservations; and the President shall by public proclamation declare + the establishment of such reservations and limits thereof. + + +And whereas the lands hereinafter described are public and forest +bearing, and on the 30th of March last I issued a proclamation[17] +intended to reserve the same as authorized in said act, but as some +question has arisen as to the boundaries proclaimed being sufficiently +definite to cover the forests intended to be reserved: + +Now, therefore, I, Benjamin Harrison, President of the United States, +for the purpose of removing any doubt and making the boundaries of said +reservation more definite, by virtue of the power in me vested by said +act, do hereby issue this my second proclamation and hereby set apart, +reserve, and establish as a public reservation all that tract of land +situate in the State of Wyoming embraced within the following boundary: + + Beginning at a point on the parallel of 44 deg. 50' north latitude where + said parallel is intersected by the east boundary of the Yellowstone + National Park; thence due east along said parallel 24-1/2 miles; thence + due south to the parallel of 44 deg. north latitude; thence due west along + said parallel to its point of intersection with the west boundary of + the State of Wyoming; thence due north along said boundary to its + intersection with the south boundary of the Yellowstone National Park; + thence due east along the south boundary of said park to the southeast + corner thereof; thence due north along the east boundary of said park + to the place of beginning. + + +And warning is hereby expressly given to all persons not to enter or +make settlement upon the tract of land reserved by this proclamation. + +In witness whereof I have hereunto set my hand and caused the seal of +the United States to be affixed. + +[SEAL.] + +Done at the city of Washington, this 10th day of September, A.D. 1891, +and of the Independence of the United States the one hundred and +fifteenth. + +BENJ. HARRISON. + +By the President: + WILLIAM F. WHARTON, + _Acting Secretary of State_. + +[Footnote 17: See pp. 142-143.] + + + +BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. + +A PROCLAMATION. + +Whereas by a written agreement made on the 12th day of June, 1890, the +Sac and Fox Nation of Indians, in the Territory of Oklahoma, ceded and +conveyed to the United States of America all title or interest of said +Indians in and to the lands particularly described in Article I of the +agreement, except the quarter section of land on which the Sac and Fox +Agency is located, and provided that the section of land now designated +and set apart near the Sac and Fox Agency for a school and farm shall +not be subject either to allotment or to homestead entry; that every +citizen of said nation shall have an allotment of land in quantity as +therein stated, to be selected within the tract of country so ceded, +except in sections 16 and 36 in each Congressional township, and except +the agency quarter section and section set apart for school and farm, +as above mentioned, or other lands selected in lieu thereof; that when +the allotments to the citizens of the Sac and Fox Nation are made the +Secretary of the Interior shall cause trust patents to issue therefor in +the name of the allottees, and that as soon as such allotments are so +made and approved by the Department of the Interior, and the patents +provided for are issued, then the residue of said tract of country +shall, as far as said Sac and Fox Nation is concerned, become public +lands of the United States, and, under such restrictions as may be +imposed by law, be subject to white settlement; and + +Whereas by a certain other agreement with the Iowa tribe of Indians +residing on the Iowa Reservation, in said Territory, made on the 20th +day of May, 1890, said tribe surrendered and relinquished to the United +States all their title and interest in and to the lands of said Indians +in said Territory, and particularly described in Article I of said +agreement, and provided that each and every member of said tribe shall +have an allotment of 80 acres of land upon said reservation, and upon +the approval of such allotments by the Secretary of the Interior that +trust patents shall be issued therefor, and that there shall be excepted +from the operation of said agreement a tract of land not exceeding +10 acres, in a square form, including the church and schoolhouse and +graveyard at or near the Iowa village, which shall belong to said Iowa +tribe of Indians in common, subject to the conditions and limitations +in said agreement expressed; that the chief of the Iowas may select an +additional 10 acres, in a square form, for the use of said tribe in said +reservation, conforming in boundaries to the legal subdivisions of land +therein, which shall be held by said tribe in common, subject to the +conditions and limitations as expressed in relation thereto; and + +Whereas it is provided-in the act of Congress approved February 13, +1891 (26 U.S. Statutes at Large, pp. 758, 759), section 7, accepting, +ratifying, and confirming said agreements with the Sac and Fox Nation +of Indians and the Iowa tribe of Indians-- + + That whenever any of the lands acquired by the agreements in this act + ratified and confirmed shall by operation of law or proclamation of + the President of the United States be open to settlement they shall + be disposed of to actual settlers only, under the provisions of the + homestead laws, except section 2301, which shall not apply: _Provided, + however_, That each settler under and in accordance with the provisions + of said homestead laws shall before receiving a patent for his homestead + pay to the United States for the land so taken by him, in addition to + the fees provided by law, the sum of $1.25 for each acre thereof; and + such person, having complied with all the laws relating to such + homestead settlement, may at his option receive a patent therefor at the + expiration of twelve months from date of settlement upon said homestead; + and any person otherwise qualified who has attempted to but for any + cause failed to secure a title in fee to a homestead under existing law, + or who made entry under what is known as the commuted provision of the + homestead law, shall be qualified to make a homestead entry upon any of + said lands. + + +And whereas by a certain other agreement with the Citizen band of +Pottawatomie Indians, in said Territory, made on the 25th day of June, +1890, the said band of Indians ceded and absolutely surrendered to the +United States all their title and interest in and to the lands in said +Territory, and particularly described in Article I of said agreement, +and provided that all allotments of land theretofore made, or then being +made, or to be made, to members of said Citizen band of Pottawatomie +Indians under the provisions of the general allotment act approved +February 8, 1887, shall be confirmed; that in all allotments to be +thereafter made no person shall have the right to select his or her +allotment in sections 16 and 36 in any Congressional township, nor upon +any land heretofore set apart in said tract of country for any use by +the United States, or for schools, school-farm, or religious purposes; +nor shall said sections 16 and 36 be subject to homestead entry, but +shall be kept and used for school purposes; nor shall any lands set +apart for any use of the United States, or for school, school-farm, or +religious purposes, be subject to homestead entry, but shall be held by +the United States for such purposes so long as the United States shall +see fit to use them; and further, that the south half of section 7 +and the north half of section 18, in township 6 north, range 5 east, +theretofore set apart by a written agreement between said band of +Indians and certain Catholic fathers for religious, school, and farm +purposes, shall not be subject to allotment or homestead entry, but +shall be held by the United States for the Sacred Heart Mission, the +name under which said association of fathers are conducting the church, +school, and farm on said lands; and + +Whereas by a certain agreement with the Absentee Shawnee Indians, in +said Territory, made on the 26th day of June, 1890, said last-named +Indians ceded, relinquished, and surrendered to the United States all +their title and interest in and to the lands in said Territory, and +particularly described in Article I of said agreement, provided that all +allotments of lands theretofore made, or then being made, or to be made, +to said Absentee Shawnees under the provisions of the general allotment +act approved February 8, 1887, shall be confirmed; that in all +allotments to be thereafter made no person shall have the right to +select his or her allotment in sections 16 and 36 in any Congressional +township, nor in any land heretofore set apart in said tract of country +for any use by the United States, or for school, school-farm, or +religious purposes; nor shall said sections 16 and 36 be subject to +homestead entry, but shall be held by the United States for such +purposes so long as the United States shall see fit to use them; and + +Whereas it is provided in the act of Congress accepting, ratifying, and +confirming said agreements with the Citizen band of Pottawatomie Indians +and the Absentee Shawnee Indians, approved March 3, 1891 (26 U.S. +Statutes at Large, pp. 989-1044), section 16-- + + That whenever any of the lands acquired by either of the * * * foregoing + agreements respecting lands in the Indian or Oklahoma Territory shall by + operation of law or proclamation of the President of the United States + be open to settlement they shall be disposed of to actual settlers only, + under the provisions of the homestead and town-site laws, except section + 2301 of the Revised Statutes of the United States, which-shall not + apply: _Provided, however_, That each settler on said lands shall before + making a final proof and receiving a certificate of entry pay to the + United States for the land so taken by him, in addition to the fees + provided by law, and within five years from the date of the first + original entry, the sum of $1.50 per acre, one-half of which shall be + paid within two years; but the rights of honorably discharged Union + soldiers and sailors as defined and described in sections 2304 and 2305 + of the Revised Statutes of the United States shall not be abridged + except as to the sum to be paid as aforesaid; and all the lands in + Oklahoma are hereby declared to be agricultural lands, and proof of + their nonmineral character shall not be required as a condition + precedent to final entry. + + +And whereas allotments of land in severalty to said Sac and Fox Nation, +said Iowa tribe, said Citizen band of Pottawatomies, and said Absentee +Shawnee Indians have been made and approved, and provisional patents +issued therefor, in accordance with law and the provisions of the +before-mentioned agreements with them respectively, and an additional +10 acres of land has been selected for the use of said Iowa tribe, to +be held by said tribe in common, in accordance with the provisions of +supplemental Article XII of the agreement with them; and + +Whereas the lands acquired by the four several agreements hereinbefore +mentioned have been divided into counties by the Secretary of the +Interior, as required by said last-mentioned act of Congress before the +same shall be open to settlement, and lands have been reserved for +county-seat purposes, as therein required; and + +Whereas it is provided by act of Congress for temporary government of +Oklahoma, approved May 2, 1890, that there shall be reserved public +highways 4 rods wide between each section of land in said Territory, the +section lines being the centers of said highways, but no deduction shall +be made from cash payments from each quarter section by reason thereof; +and + +Whereas all the terms, conditions, and considerations required by said +several agreements made respectively with said tribes of Indians +hereinbefore mentioned, and of the laws relating thereto, precedent +to opening said several tracts of land to settlement, have been, as +I hereby declare, provided for, paid, and complied with: + +Now, therefore, I, Benjamin Harrison, President of the United States, by +virtue of the power in me vested by the statutes hereinbefore mentioned, +also an act of Congress entitled "An act making appropriations for the +current and contingent expenses of the Indian Department and fulfilling +treaty stipulations with various Indian tribes for the year ending June +30, 1890, and for other purposes," approved March 2, 1889, and by other +the laws of the United States, and by said several agreements, do hereby +declare and make known that all of the lands acquired from the Sac and +Fox Nation of Indians, the Iowa tribe of Indians, the Citizen band of +Pottawatomie Indians, and the Absentee Shawnee Indians by the four +several agreements aforesaid, saving and excepting the lands allotted +to the Indians as in said agreements provided, or otherwise reserved +in pursuance of the provisions of said agreements and the said acts of +Congress ratifying the same and other the laws relating thereto, will, +at and after the hour of 12 o'clock noon (central standard time), +Tuesday, the 22d day of this the present month of September, and not +before, be opened to settlement, under the terms of and subject to all +the conditions, limitations, reservations, and restrictions contained +in said agreements, the statutes above specified, and the laws of the +United States applicable thereto. + +The lands to be so opened to settlement are for greater convenience +particularly described in the accompanying schedule, entitled "Schedule +of lands within the Sac and Fox, Iowa, Pottawatomie (and Absentee +Shawnee) reservations, in Oklahoma Territory, opened to settlement by +proclamation of the President dated September 18, 1891," and which +schedule is made a part hereof. + +Each entry shall be in square form as nearly as practicable; and no +other lands in the Territory of Oklahoma are opened to settlement under +this proclamation or the agreements ratifying the same. + +Notice, moreover, is hereby given that it is by law enacted that until +said lands are opened to settlement by proclamation no person shall be +permitted to enter upon and occupy the same, and no person violating +this provision shall be permitted to enter any of said lands or acquire +any right thereto. The officers of the United States will be required to +enforce this provision. + +And further notice is hereby given that it has been duly ordered that +the lands in the Territory of Oklahoma mentioned and included in this +proclamation be, and the same are, attached to the Eastern and Oklahoma +land districts in said Territory, severally, as follows: + + + 1. All that portion of the Territory of Oklahoma commencing at the + southwest corner of township 14 north, range 1 east; thence east on + town line between townships 13 and 14 to the west boundary of the + Creek country; thence north on said boundary line to the middle of main + channel of the Cimarron River; thence up the Cimarron River, following + the main channel thereof, to the Indian meridian; thence south on said + meridian line to the place of beginning, is attached to the Eastern + land district in Oklahoma Territory, the office of which is now located + at Guthrie. + + 2. All that portion of said Territory commencing at the northwest + corner of township 13 north, range 1 east; thence south on Indian + meridian to the North Fork of the Canadian River; thence west up said + river to the west boundary of the Pottawatomie Indian Reservation, + according to Merrill's survey; thence south, following the line as run + by O.T. Morrill under his contract of September 3, 1872, to the middle + of the main channel of the Canadian River; thence east down the main + channel of said river to the west boundary of the Seminole Indian + Reservation; thence north with said west boundary to the North Fork + of the Canadian River; thence east down said North Fork to the west + boundary of the Creek Nation; thence north with said west boundary to + its intersection with the line between townships 13 and 14 north of the + Indian base; thence west on town line between townships 13 and 14 north + to the place of beginning, is attached to the Oklahoma land district in + said Territory, the office of which is now located at Oklahoma City. + + +In witness whereof I have hereunto set my hand and caused the seal of +the United States to be affixed. + +[SEAL.] + +Done at the city of Washington, this 18th day of September, A.D. 1891, +and of the Independence of the United States the one hundred and +sixteenth. + +BENJ. HARRISON. + +By the President: + WILLIAM F. WHARTON, + _Acting Secretary of State_. + + + +BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. + +A PROCLAMATION. + +Whereas it is provided by section 24 of the act of Congress approved +March 3, 1891, entitled "An act to repeal the timber-culture laws, and +for other purposes"-- + + That the President of the United States may from time to time set apart + and reserve in any State or Territory having public lands bearing + forests, in any part of the public lands wholly or in part covered with + timber or undergrowth, whether of commercial value or not, as public + reservations; and the President shall by public proclamation declare + the establishment of such reservation and the limits thereof. + + +And whereas the public lands in the State of Colorado within the limits +hereinafter described are in part covered with timber, and it appears +that the public good would be promoted by setting apart and reserving +said lands as a public reservation: + +Now, therefore, I, Benjamin Harrison, President of the United States, +by virtue of the power in me vested by section 24 of the aforesaid act +of Congress, do hereby make known and proclaim that there is hereby +reserved from entry or settlement and set apart as a public reservation +all those certain tracts, pieces, or parcels of land lying and being +situate in the State of Colorado and particularly described as follows, +to wit: + +Beginning at a point between sections three (3) and four (4) on the +north boundary of township five (5) south, range eighty-seven (87) west +of the sixth principal meridian in Colorado; thence north 12 miles; +thence east to the southeast corner of township two (2) south, range +eighty-six (86) west; thence north between ranges numbered eighty-five +(85) and eighty-six (86) west to the base line; thence west along the +base line to the southwest corner of township one (1) north, range +eighty-five (85) west; thence north between ranges numbered eighty-five +(85) and eighty-six (86) west to a point between sections thirteen (13) +and twenty-four (24) on the east boundary of township five (5) north, +range eighty-six (86) west; thence west through the middle of township +five (5) north to the center of township five (5) north, range +ninety-one (91) west; thence south to a point between sections three +(3) and four (4) on the north boundary of township two (2) north, range +ninety-one (91) west; thence west six (6) miles to a point between +sections three (3) and four (4) on the north boundary of township two +(2) north, range ninety-two (92) west; thence south to a point on the +base line between sections thirty-three (33) and thirty-four (34) of +township one (1) north, range ninety-two (92) west; thence west along +the base line to a point between sections three (3) and four (4) on the +north boundary of township one (1) south, range ninety-two (92) west; +thence south to a point between sections three (3) and four (4) on the +north boundary of township two (2) south, range ninety-two (92) west; +thence west to the northwest corner of township two (2) south, range +ninety-three (93) west; thence south to the southwest corner of township +three (3) south, range ninety-three (93) west; thence east to the +northeast corner of township four (4) south, range ninety-two (92) west; +thence south to the southeast corner of township four (4) south, range +ninety-two (92) west; thence east to the place of beginning. + +Excepting from the force and effect of this proclamation all land which +may have been prior to the date hereof embraced in any valid entry or +covered by a lawful filing duly made in the proper United States land +office, and all mining claims duly located and held according to the +laws of the United States and local rules and regulations not in +conflict therewith. + +_Provided_, That this exception shall not continue to apply to any +particular tract of land unless the entryman or claimant continues to +comply with the law under which the entry, filing, or location was made. + +Warning is hereby expressly given to all persons not to enter or make +settlement upon the tract of land reserved by this proclamation. + +In witness whereof I have hereunto set my hand and caused the seal of +the United States to be affixed. + +[SEAL.] + +Done at the city of Washington, this 16th day of October, A.D. 1891, and +of the Independence of the United States the one hundred and sixteenth. + +BENJ. HARRISON. + +By the President: + WILLIAM F. WHARTON, + _Acting Secretary of State_. + + + +BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. + +A PROCLAMATION. + +It is a very glad incident of the marvelous prosperity which has crowned +the year now drawing to a close that its helpful and reassuring touch +has been felt by all our people. It has been as wide as our country, and +so special that every home has felt its comforting influence. It is too +great to be the work of man's power and too particular to be the device +of his mind. To God, the beneficent and the all-wise, who makes the +labors of men to be fruitful, redeems their losses by His grace, and the +measure of whose giving is as much beyond the thoughts of man as it is +beyond his deserts, the praise and gratitude of the people of this +favored nation are justly due. + +Now, therefore, I, Benjamin Harrison, President of the United States of +America, do hereby appoint Thursday, the 26th day of November present, +to be a day of joyful thanksgiving to God for the bounties of His +providence, for the peace in which we are permitted to enjoy them, and +for the preservation of those institutions of civil and religious +liberty which He gave our fathers the wisdom to devise and establish and +us the courage to preserve. Among the appropriate observances of the day +are rest from toil, worship in the public congregation, the renewal of +family ties about our American firesides, and thoughtful helpfulness +toward those who suffer lack of the body or of the spirit. + +In testimony whereof I have hereunto set my hand and caused the seal of +the United States to be affixed. + +[SEAL.] + +Done at the city of Washington, this 13th day of November, A.D. 1891, +and of the Independence of the United States the one hundred and +sixteenth. + +BENJ. HARRISON. + +By the President: + JAMES G. BLAINE, + _Secretary of State_. + + + +BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. + +A PROCLAMATION. + +Whereas satisfactory proof has been given to me that no tonnage or +light-house dues, or other equivalent tax or taxes, are imposed upon +vessels of the United States in the ports of the island of Tobago, one +of the British West India Islands: + +Now, therefore, I, Benjamin Harrison, President of the United States of +America, by virtue of the authority vested in me by section 11 of the +act of Congress entitled "An act to abolish certain fees for official +services to American vessels, and to amend the laws relating to shipping +commissioners, seamen, and owners of vessels, and for other purposes," +approved June 19, 1886, do hereby declare and proclaim that from and +after the date of this my proclamation shall be suspended the collection +of the whole of the tonnage duty which is imposed by said section of +said act upon vessels entered in the ports of the United States from any +of the ports of the island of Tobago. + +_Provided_, That there shall be excluded from the benefits of the +suspension hereby declared and proclaimed the vessels of any foreign +country in whose ports the fees or dues of any kind or nature imposed on +vessels of the United States, or the import or export duties on their +cargoes, are in excess of the fees, dues, or duties imposed on the +vessels of such country or on the cargoes of such vessels; but this +proviso shall not be held to be inconsistent with the special regulation +by foreign countries of duties and other charges on their own vessels, +and the cargoes thereof, engaged in their coasting trade, or with the +existence between such countries and other states of reciprocal +stipulations founded on special conditions and equivalents, and thus not +within the treatment of American vessels under the most-favored-nation +clause in treaties between the United States and such countries. + +And the suspension hereby declared and proclaimed shall continue so long +as the reciprocal exemption of vessels belonging to citizens of the +United States and their cargoes shall be continued in the said ports of +the island of Tobago and no longer. + +In witness whereof I have hereunto set my hand and caused the seal of +the United States to be affixed. + +[SEAL.] + +Done at the city of Washington, this 2d day of December, A.D. 1891, and +of the Independence of the United States the one hundred and sixteenth. + +BENJ. HARRISON. + +By the President: + JAMES G. BLAINE, + _Secretary of State_. + + + + +EXECUTIVE ORDERS. + + +EXECUTIVE MANSION, _Washington, D.C., January 19, 1891_. + +The death of George Bancroft, which occurred in the city of Washington +on Saturday, January 17, at 3.40 o'clock p.m., removes from among the +living one of the most distinguished Americans. As an expression of the +public loss and sorrow the flags of all the Executive Departments at +Washington and the public buildings in the cities through which the +funeral party is to pass will be placed at half-mast on to-morrow and +until the body of this eminent statesman, scholar, and historian shall +rest in the State that gave him to his country and to the world. + +By direction of the President: + +ELIJAH W. HALFORD, _Private Secretary_. + + + +AMENDMENT OF CIVIL-SERVICE RULES. + +JANUARY 26, 1891. + +Special Departmental Rule No. 1 is hereby amended by adding to the +exceptions from examination therein declared the following: + + + In the Department of Agriculture, in the office of the Secretary, + division of illustration and engraving: One artist. + + +BENJ. HARRISON. + + + +DEPARTMENT OF STATE, _Washington, January 30, 1891_. + + +SIR:[18] The Hon. William Windom, Secretary of the Treasury of the +United States, died suddenly last night, in the city of New York, at the +hour of eleven minutes past 10 o'clock, in the sixty-fourth year of his +age. Thus has passed away a man of pure life, an official of stainless +integrity, distinguished by long and eminent service in both branches of +Congress and by being twice called to administer the national finances. +His death has caused deep regret throughout the country, while to the +President and those associated with him in the administration of the +Government it comes as a personal sorrow. + +The President directs that all the Departments of the executive brand of +the Government and the officers subordinate thereto shall manifest due +respect to the memory of this eminent citizen in a manner consonant with +the dignity of the office which he has honored by his devotion to public +duty. + +The President further directs that the Treasury Department in all its +branches in this capital be draped in mourning for the period of thirty +days, that on the day of the funeral the several Executive Departments +shall be closed, and that on all public buildings throughout the United +States the national flag shall be displayed at half-mast. + +Very respectfully, + +JAMES G. BLAINE. + +[Footnote 18: Addressed to the heads of the Executive Departments, etc.] + + + +EXECUTIVE MANSION, _February 13, 1891_. + +_To the Heads of the Executive Departments_: + +In token of respect to the memory of Admiral David D. Porter, who died +this morning, the President directs that the national flag be displayed +at half-mast upon all public buildings throughout the United States +until after his funeral shall have taken place, and that on the day of +the funeral public business in the Departments at Washington be +suspended. + +E.W. HALFORD, _Private Secretary_. + + + +GENERAL ORDERS NO. 16. + +HEADQUARTERS OF THE ARMY, + ADJUTANT-GENERAL'S OFFICE, + _Washington, February 14, 1891_. + +I. The following order of the War Department is published to the Army: + + WAR DEPARTMENT, _Washington, February 14, 1891_. + + The death of General Sherman is hereby announced in the fitting words + of the President in his message to Congress: + + [For message see p. 135.] + + +The following Executive order will be published to the Army: + + + EXECUTIVE MANSION, _Washington, D.C., February 14, 1891_. + + It is my painful duty to announce to the country that General William + Tecumseh Sherman died this day at 1 o'clock and 50 minutes p.m., at his + residence in the city of New York. The Secretary of War will cause the + highest military honors to be paid to the memory of this distinguished + officer. The national flag will be floated at half-mast over all public + buildings until after the burial, and the public business will be + suspended in the Executive Departments at the city of Washington and in + the city where the interment takes place on the day of the funeral and + in all places where public expression is given to the national sorrow + during such hours as will enable every officer and employee to + participate therein with their fellow-citizens. + + BENJ. HARRISON. + + +The Major-General Commanding will issue the necessary orders to the +Army. + +_It is ordered_, That the War Department be draped in mourning for the +period of thirty days, and that all business be suspended therein on the +day of the funeral. + +L.A. GRANT, _Acting Secretary of War_. + + +II. On the day of the funeral the troops at every military post will be +paraded and this order read to them, after which all labors for the day +will cease. The national flag will be displayed at half-staff from the +time of the receipt of this order until the close of the funeral. On the +day of the funeral a salute of seventeen guns will be fired at half-hour +intervals, commencing at 8 o'clock a.m. The officers of the Army will +wear the usual badges of mourning, and the colors of the several +regiments and battalions will be draped in mourning for a period of six +months. + +The day and hour of the funeral will be communicated to department +commanders by telegraph, and by them to their subordinate commanders. +Other necessary orders will be issued hereafter relative to the +appropriate funeral ceremonies. + +By command of Major-General Schofield: + +J.C. KELTON, _Adjutant-General_. + + + +GENERAL ORDER. + +NAVY DEPARTMENT, _February 16, 1891_. + + +The following Executive order, announcing the death of General William +Tecumseh Sherman, is published for the information of the Navy and the +Marine Corps: + +[For Executive order see preceding page.] + +In accordance with the order of the President, the Navy Department will +be closed and all business suspended therein on the day of the funeral, +and the flag at all yards and stations will be displayed at half-mast +until after the burial of General Sherman, and in all places where +public expression is given to the national sorrow business will be +suspended at navy-yards or stations during such hours as will enable +officers and employees of the Navy to participate therein with their +fellow-citizens. + +B.F. TRACY, _Secretary of the Navy_. + + + +AMENDMENT OF CIVIL-SERVICE RULES. + +FEBRUARY 18, 1891. + +Special Departmental Rule No. 1 is hereby amended so as to include among +the places excepted from examination therein the following: + + In the Department of Agriculture, in the office of the Secretary: + Private secretary to the chief of the division of statistics. + + +BENJ. HARRISON. + + + +AMENDMENT OF CIVIL-SERVICE RULES. + +FEBRUARY 21, 1891. + +Special Departmental Rule No. 1 is hereby amended so as to include among +the places excepted from examination therein the following: + + In the Department of the Treasury, in the Coast and Geodetic Survey: + Clerk to act as confidential clerk and cashier to the disbursing + officer. + + In the Post-Office Department, office of Assistant Attorney-General: + Confidential clerk to the Assistant Attorney-General. + + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _Washington, D.C., February 26, 1891_. + +In accordance with an act of Congress approved September 27, 1890, the +following limits to the punishment of enlisted men, together with the +accompanying regulations, are established for the government in time of +peace of all courts-martial, and will take effect thirty days after the +date of this order: + +I. Subject to the modifications authorized in subdivision 3 of this +section, the punishment for desertion shall not exceed the following: + +1. In the case of a soldier who surrenders-- + +(_a_) When such surrender is made within thirty days after desertion, +confinement at hard labor, with forfeiture of pay and allowances, for +three months. + +(_b_) When such surrender is made after an absence of more than thirty +days and not more than ninety days, confinement at hard labor, with +forfeiture of pay and allowances, for six months. + +(_c_) When such surrender is made after an absence of more than ninety +days, dishonorable discharge, with forfeiture of all pay and allowances, +and confinement at hard labor for eighteen months: _Provided_, That in +the case of a deserter who had not been more than three months in the +service the confinement shall not exceed ten months. + +2. In the case of a soldier who does not surrender-- + +(_a_) When at the time of desertion he shall have been less than three +months in the service, dishonorable discharge, with forfeiture of all +pay and allowances, and confinement at hard labor for one year. + +(_b_) When at the time of desertion he shall have been three months or +more, but less than six months, in the service, dishonorable discharge, +with forfeiture of all pay and allowances, and confinement at hard labor +for eighteen months. + +(_c_) When at the time of desertion he shall have been six months or +more in the service, dishonorable discharge, with forfeiture of all pay +and allowances, and confinement at hard labor for two years and six +months. + +3. The foregoing limitations will be subject to modification under the +following conditions: + +(_a_) The punishment of a deserter may be increased by one year of +confinement at hard labor in consideration of each previous conviction +of desertion, and also by dishonorable discharge and forfeiture of all +pay and allowances when not already authorized. + +(_b_) The punishment for desertion when joined in by two or more +soldiers in the execution of a conspiracy, or for desertion in the +presence of an outbreak of Indians or of any unlawful assemblage which +the troops may be opposing, shall not exceed dishonorable discharge, +forfeiture of all pay and allowances, and confinement at hard labor +for five years. + +II. Except as herein otherwise indicated, punishments shall not exceed +the limits prescribed in the following table: + + + Offenses. Limit of punishment. + + _Under seventeenth + article of war_. + + Selling horse or arms, Three years' confinement at hard + either or both labor; for noncommissioned officer, + reduction in addition thereto.[19] + + Selling accouterments Four months confinement at hard + labor; for noncommissioned officer, + reduction in addition thereto.[19] + + Selling clothing Two months' confinement at hard + labor; for noncommissioned officer, + reduction in addition thereto.[19] + + Losing or spoiling horse Four months' confinement at hard + or arms through neglect labor; for noncommissioned officer, + reduction in addition thereto.[19] + + Losing or spoiling One month's confinement at hard + accouterments or clothing labor; for noncommissioned officer, + through neglect reduction in addition thereto.[19] + + + _Under twentieth article of war_. + + Behaving himself with Six months' confinement at hard labor + disrespect toward his and forfeiture of $10 per month for + commanding officer the same period; for noncommissioned + officer, reduction in addition + thereto. + + + _Under twenty-fourth article of war_. + + Refusal to obey or using Dishonorable discharge, with + violence to officer or forfeiture of all pay and allowances, + noncommissioned officer and imprisonment for 2 years. + while quelling quarrels + or disorders + + + _Under thirty-first article of war_. + + Lying out of quarters Forfeiture of $2; corporal, $3; + sergeant, $4. + + + _Under thirty-second article of war_. + + Absence without leave-- + + Less than 1 hour (not Forfeiture of 50 cents; corporal, $1; + including absence from sergeant, $2. + a roll call) + + Less than 1 hour Forfeiture of $1; corporal, $2; + (including absence from sergeant, $3; first sergeant or + a roll call) noncommissioned officer of higher + grade, $4. + + From 1 to 6 hours Forfeiture of $2; corporal, $3; + sergeant, $4; first sergeant or + noncommissioned officer of higher + grade, $5. + + From 6 to 12 hours Forfeiture of $3; corporal, $4; + sergeant, $6; first sergeant or + noncommissioned officer of higher + grade, $7. + + From 12 to 24 hours Forfeiture of $5; corporal, $6; + sergeant, $7; first sergeant or + noncommissioned officer of higher + grade, $10. + + From 24 to 48 hours Forfeiture of $6 and 5 days' + confinement at hard labor. For + corporal, forfeiture of $8; sergeant, + $10; first sergeant or noncommissioned + officer of higher grade, $12; or + for all noncommissioned officers, + reduction. + + From 2 to 9 days Forfeiture of $10 and 10 days' + confinement at hard labor; for + noncommissioned officer, reduction + in addition thereto. + + From 10 to 29 days Forfeiture of $20 and 1 month's + confinement at hard labor; for + noncommissioned officer, reduction + in addition thereto. + + From 30 to 90 days Three months' confinement at hard + labor and forfeiture of $10 per month + for same period; for noncommissioned + officer, reduction in addition + thereto. + + For more than 90 days Dishonorable discharge and forfeiture + of all pay and allowances and 3 + months' confinement at hard labor. + + + _Under thirty-third article of war_. + + Failure to repair at the time + fixed, etc., to the place of + parade for-- + + Reveille or retreat roll call Forfeiture of 50 cents; corporal, $1; + sergeant, $2; first sergeant, $3. + + Guard detail Forfeiture of $5; corporal, $8; + sergeant, $10. + + Fatigue detail } + Dress parade } + The weekly inspection } + Target practice } Forfeiture of $2; corporal, $3; + Drill } sergeant, $5. + Guard mounting (by musician) } + Stable duty } + + + _Under thirty-eighth article of war_. + + Drunkenness on-- + + Guard Six months' confinement at hard labor + and forfeiture of $10 per month for + the same period; for noncommissioned + officer, reduction in addition + thereto. + + Duty as company cook Forfeiture of $10. + + Extra or special duty } + At drill } + At target practice } + At parade } Forfeiture of $6; for + At inspection } noncommissioned officer, reduction + At inspection of company guard } and forfeiture of $10. + detail } + At stable duty } + + + _Under fortieth article of war_. + + Quitting guard Six months' confinement at hard labor + and forfeiture of $10 per month for + the same period; for noncommissioned + officer, reduction in addition + thereto. + + + _Under fifty-first article of war_. + + Persuading soldiers to desert Six months' confinement at hard labor + and forfeiture of $10 per month for + the same period; for noncommissioned + officer, reduction in addition + thereto. + + + _Under sixtieth article of war_ Dishonorable discharge, forfeiture + of all pay and allowances, and 4 + years' imprisonment. + + + _Under sixty-second article of war_. + + Manslaughter Dishonorable discharge, forfeiture + of all pay and allowances, and 10 + years' imprisonment. + + Assault with intent to kill Dishonorable discharge, forfeiture + of all pay and allowances, and 10 + years' imprisonment. + + Burglary Dishonorable discharge, forfeiture + of all pay and allowances, and 5 + years' imprisonment. + + Forgery Dishonorable discharge, forfeiture + of all pay and allowances, and 4 + years' imprisonment. + + Perjury Dishonorable discharge, forfeiture + of all pay and allowances, and 4 + years' imprisonment. + + False swearing Dishonorable discharge, forfeiture + of all pay and allowances, and 2 + years' imprisonment. + + Robbery Dishonorable discharge, forfeiture + of all pay and allowances, and 6 + years' imprisonment. + + Larceny or embezzlement of + property of the value of--[20] + + More than $100 Dishonorable discharge, forfeiture + of all pay and allowances, and 4 + years' imprisonment. + + $100 or less and more than $50 Dishonorable discharge, forfeiture + of all pay and allowances, and 3 + years' imprisonment. + + $50 or less and more than $20 Dishonorable discharge, forfeiture + of all pay and allowances, and 2 + years' imprisonment. + + $20 or less Dishonorable discharge, forfeiture + of all pay and allowances, and 1 + year's imprisonment. + + Disobedience of orders, Six months' confinement at hard + involving willful defiance labor and forfeiture of $10 per + of the authority of a month for the same period; for + noncommissioned officer in noncommissioned officer, reduction + charge of a guard or party in addition thereto. + + Using threatening or insulting One month's confinement at hard + language or behaving in an labor and forfeiture of $10; for + insubordinate manner to a noncommissioned officer, reduction + noncommissioned officer while in addition thereto. + in the execution of his office + + Absence from fatigue duty Forfeiture of $4; corporal, $5; + sergeant, $6. + + Absence from extra or special Forfeiture of $4; corporal, $5; + duty sergeant, $6. + + Absence from duty as company Forfeiture of $10. + or hospital cook + + Introducing liquor into post or Forfeiture of $3; for noncommissioned + camp in violation of standing officer, reduction and forfeiture + orders of $5. + + Drunkenness at post or Forfeiture of $3; for noncommissioned + in quarters officer, reduction and forfeiture + of $5. + + Drunkenness and disorderly Forfeiture of $10 and 7 days' + conduct, causing the offender's confinement at hard labor; for + arrest and conviction by civil noncommissioned officer, reduction + authorities at a place within and forfeiture of $12. + 10 miles of his station + + Noisy or disorderly conduct in Forfeiture of $4; corporal, $7; + quarters sergeant, $10. + + Abuse by noncommissioned Reduction, 3 months' confinement at + officer of his authority over hard labor, and forfeiture of $10 per + an inferior month for the same period. + + Noncommissioned officer Reduction and forfeiture of $5. + encouraging gambling + + Noncommissioned officer making Reduction, forfeiture of $8, and 10 + false report days' confinement at hard labor. + + Sentinel allowing a prisoner Six months' confinement at hard labor + under his charge to escape and forfeiture of $10 per month for + through neglect the same period. + + Sentinel willfully suffering Dishonorable discharge, forfeiture of + prisoner under his charge to all pay and allowances, and 1 year's + escape imprisonment. + + Sentinel allowing a prisoner Two months' confinement at hard labor + under his charge to obtain and forfeiture of $10 per month for + liquor the same period. + + Sentinel or member of guard Two months' confinement at hard labor + drinking liquor with prisoners and forfeiture of $10 per month for + the same period. + + Disrespect or affront to Two month's confinement at hard labor + a sentinel and forfeiture of $10 per month for + the same period; for noncommissioned + officer, reduction in addition + thereto. + + Resisting or disobeying sentinel Six months' confinement at hard labor + in lawful execution of his duty and forfeiture of $10 per month for + the same period; for noncommissioned + officer, reduction in addition + thereto. + + Lewd or indecent exposure of Three month's confinement at hard + person labor and forfeiture of $10 per + month for the same period; for + noncommissioned officer, reduction + in addition thereto. + + +[Footnote 19: In addition to the stoppages "sufficient for repairing the +loss or damage," which the law requires the court-martial to adjudge. +The court's action under this requirement in the case of sale or loss +through neglect of clothing shall be limited to a confirmation of the +charge made against the offender on his clothing account.] + +[Footnote 20: In specifications to charges of larceny or embezzlement +the value of the property shall be stated.] + + +III. (1) When a soldier shall be found guilty of an offense cognizable +when committed for the first time by an inferior court-martial, his +punishment therefor may exceed the prescribed limit by one-half if it +shall appear that during his current enlistment and within two years +preceding his trial he has been once convicted of one offense or more; +it may be doubled if he has been twice so convicted, and it may be +increased by one-half of the prescribed limit for every such previous +conviction: _Provided_, That upon proof of five or more previous +convictions the punishment may be that authorized for a fifth +conviction, or dishonorable discharge with forfeiture of all pay and +allowances. When found guilty of an offense cognizable only by a general +court-martial, and on proof of five or more previous convictions within +the two years, dishonorable discharge with forfeiture of all pay and +allowances may be added to any confinement at hard labor. And when +a noncommissioned officer shall be found guilty of an offense not +punishable by reduction, reduction may be added to the punishment if it +shall appear that he has been convicted of a military offense within one +year and during his current enlistment. + +(2) After arriving at the findings a court-martial may be opened to +receive evidence of previous convictions. These convictions must be +proved by the records of previous trials or by duly authenticated orders +promulgating the same, showing the actual offenses of which the soldier +was convicted, except in the cases of convictions by summary court, when +a duly authenticated copy of the record of said court shall be deemed +sufficient proof. Charges forwarded to the authority ordering a general +court-martial or submitted to a summary garrison or regimental court +must be accompanied by the proper evidence of such previous convictions +as may have to be considered in determining upon a sentence. Paragraphs +1017 and 1018 of the Regulations are superseded by this order. + +IV. This order prescribes the _maximum_ limit of punishment for the +offenses named, and this limit is intended for those cases where the +severest punishment should be awarded. In other cases the punishment +must be graded down according to the extenuating circumstances. Offenses +not herein provided for remain punishable as authorized by the Articles +of War and the custom of the service. + +V. Summary courts are subject to the restrictions named in the +eighty-third article of war. Soldiers against whom charges may be +preferred for trial by summary court shall not be confined in the +guardhouse, but shall be placed in arrest in quarters before and during +trial and while awaiting sentence, unless in particular cases restraint +may be deemed necessary. + +VI. The following substitutions for punishments named in Section II of +this order are authorized, at the discretion of the court: + +Detention of pay to the extent of four times the amount of the +forfeiture; two days' confinement at hard labor for $1 of forfeited pay; +one day's solitary confinement on bread and water diet for two days' +confinement at hard labor or for $1 of forfeited pay: _Provided_, That a +noncommissioned officer not sentenced to reduction shall not be subject +to confinement: _And provided_, That solitary confinement shall not +exceed fourteen days at one time nor be repeated until fourteen days +have elapsed, and shall not exceed eighty-four days in one year. +Wherever the limit herein prescribed for an offense or offenses may +be brought within the punishing power of inferior courts-martial, +as defined by the eighty-third article of war, by substitution of +punishment under the provisions of this section, the aforesaid courts +shall be deemed to have jurisdiction of such offense or offenses. + +VII. Sergeants shall not if they object thereto be brought to trial +before regimental, garrison, or summary courts-martial without the +authority of the officer competent to order their trial by general +court-martial; nor shall sergeants of the post noncommissioned staff +be reduced, but they may be dishonorably discharged whenever reduction +is included in the limit of punishment. Paragraphs 105 and 254 of the +Regulations, the latter as amended by General Orders, No. 67, series +of 1890, Adjutant-General's Office, are modified accordingly. + +BENJ. HARRISON. + +By the President: + REDFIELD PROCTOR, + _Secretary of War_. + + + +AMENDMENT OF CIVIL-SERVICE RULES. + +MARCH 4, 1891. + +Special Departmental Rule No. 1 is hereby amended so as to include +among the places excepted from examination therein the following: + + In the Department of Agriculture, in the office of the Secretary: Clerk + to act as appointment clerk. + + +BENJ. HARRISON. + + + +AMENDMENT OF CIVIL-SERVICE RULES. + +MARCH 16, 1891. + +Special Departmental Rule No. 1 is hereby amended so as to include among +the places excepted from examination therein the following: + + In the Post-Office Department, office of the First Assistant + Postmaster-General: Assistant superintendent of free delivery. + + +BENJ. HARRISON. + + + +AMENDMENT OF CIVIL-SERVICE RULES. + +APRIL 3, 1891. + +Special Departmental Rule No. 1 is hereby amended so as to include among +the places excepted from examination therein the following: + + In the Treasury Department, office of the Secretary: One clerk in the + office of the disbursing clerk. + + +BENJ. HARRISON. + + + +CIVIL SERVICE--CLASSIFICATION OF INDIAN SERVICE. + +DEPARTMENT OF THE INTERIOR, _Washington, April 13, 1891_. + +By direction of the President of the United States and in accordance +with the third clause of section 6 of an act entitled "An act to +regulate and improve the civil service of the United States," approved +January 16, 1883-- + +_It is ordered_, That all physicians, school superintendents and +assistant superintendents, school-teachers, and matrons in the Indian +service be, and they are hereby, arranged in the following classes, +without regard to salary or compensation: + +Class 1. Physicians. + +Class 2. School superintendents and assistant superintendents. + +Class 3. School-teachers. + +Class 4. Matrons. + +_Provided_, That no person who may be required by law to 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 laborer or workman or in +connection with any contract schools, shall be considered as within this +classification, and no person so employed shall be assigned to the +duties of a classified place. + +_It is further ordered_, 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 or +the appropriate board of examiners. + +JOHN W. NOBLE, _Secretary_. + + + +EXECUTIVE MANSION, _April 13, 1891_. + +The Secretary of the Interior: + +I approve of the within classification, and if you see no reason to +suggest any further modification you will please put it in force. + +BENJ. HARRISON. + + + +AMENDMENTS OF CIVIL-SERVICE RULES. + +APRIL 13, 1891. + +Clause (_c_) of section 2 of General Rule III is hereby revoked, and +clauses (_d_), (_e_), (_f_), (_g_) and (_h_) are lettered, respectively, +(_c_), (_d_), (_e_), (_f_), and (_g_). + +BENJ. HARRISON. + + + +BY THE PRESIDENT OF THE UNITED STATES. + +EXECUTIVE ORDER. + +EXECUTIVE MANSION, _May 25, 1891_. + +_It is hereby ordered_, That the several Executive Departments and the +Government Printing Office be closed on Saturday, the 30th instant, to +enable the employees to participate in the decoration of the graves of +the soldiers and sailors who fell in defense of the Union during the War +of the Rebellion. + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _Washington, D.C., July 6, 1891_. + +_To the People of the United States_: + +The President, with a profound feeling of sorrow, announces the death of +Hannibal Hamlin, at one time Vice-President of the United States, who +died at Bangor, Me., on the evening of Saturday, July 4. + +Few men in this country have filled more important and more +distinguished public positions than Mr. Hamlin, and in recognition of +his many eminent and varied services and as an expression of the great +respect and reverence which are felt for his memory it is ordered that +the national flag be displayed at half-mast upon the public buildings of +the United States on the day of his funeral. + +BENJ. HARRISON. + +By the President: + WILLIAM F. WHARTON, + _Acting Secretary of State_. + + + +AMENDMENTS OF CIVIL-SERVICE RULES. + +EXECUTIVE MANSION, _August 6, 1891_. + +The civil-service rules are hereby amended as follows: + +GENERAL RULE II. + +In line 1 strike out the word "four" and insert in lieu thereof the word +"five." Add at the end of the rule the following: + + 5. The classified Indian service. + + +GENERAL RULE III. + +Strike out paragraphs 1 and 2 of section 6 of General Rule III and +insert in lieu thereof the following: + + So far as practicable and useful, competitive examinations shall be + established in the classified civil service to test fitness for + promotion, under such regulations as the Commission may make. Until + such regulations have been applied to any part of the classified + service promotions therein shall be made in the manner prescribed + by the rule applicable thereto. + + +DEPARTMENTAL RULE VI. + +Strike out the first sentence of section 6 and transfer the remaining +sentence to section 5. Change the numbers of sections 7, 8, 9, and 10 +to 6, 7, 8, and 9, respectively. + +CUSTOMS RULE III. + +Strike out the first sentence of section 5 and transfer the remaining +sentence to section 4. Change the numbers of sections 6, 7, 8, and 9 +to 5, 6, 7, and 8, respectively. + +POSTAL RULE III. + +Strike out the first sentence of section 5 and transfer the remaining +sentence to section 4. Change the numbers of sections 6, 7, 8, and 9 +to 5, 6, 7, and 8, respectively. + +RAILWAY MAIL RULE III. + +Strike out the first sentence of section 7 and transfer the remaining +sentence to section 4. Change the numbers of sections 8, 9, 10, 11, and +12 to 7, 8, 9, 10, and 11, respectively. + +RAILWAY MAIL RULE II. + +Insert an additional clause to section 5, as follows: + + (_f_) Transfer clerks at junction points or stations where not more + than two such clerks are employed. + + +RAILWAY MAIL RULE IV. + +Insert an additional proviso at the end of clause (_b_) of section 2, as +follows: + + _Provided further_, That on a line on which the service does not + require the full time of a clerk, and one can be employed jointly with + the railroad company, the appointment may be made without examination + and certification, with the consent of the Commission, upon a statement + of the facts by the General Superintendent; but no clerk so appointed + shall be eligible for transfer or appointment to any other place in the + service. + + +In section 6, line 3, strike out the word "twenty" and insert in lieu +thereof the word "ten." + +In section 7, line 6, strike out the word "thirty" and insert in lieu +thereof the word "sixty;" in the same line strike out the word "to" and +insert in lieu thereof the words "in periods of;" in line 7 strike out +the words "who have been in the railway mail service." + +BENJ. HARRISON. + + + +CIVIL SERVICE--INDIAN RULES. + +INDIAN RULE I. + +The classified Indian service shall include all the physicians, school +superintendents, assistant superintendents, school-teachers, and matrons +in that service, classified under the provisions of section 6 of the act +to regulate and improve the civil service of the United States, approved +January 16, 1883. + +INDIAN RULE II. + +1. To test fitness for admission to the classified Indian service +examinations of a practical character shall be provided on such subjects +as the Commission may direct for physician, superintendent, assistant +superintendent, teachers, and matrons. + +2. The following age limitations shall apply to applicants for +examination for the classified Indian service: For physician, not under +25 years of age nor over 45; for superintendent, not under 25 nor over +50; for assistant superintendent and for teacher, not under 20 nor over +50; for matron, not under 25 nor over 55: _Provided_, That these +limitations shall not apply to the wives of superintendents of Indian +schools who apply for the position of matron, nor shall the maximum +limitations apply to persons allowed preference under section 1754, +Revised Statutes, by the Commission. + +3. Blank forms of application shall be furnished by the Commission, and +the date of reception and also of approval by the Commission of each +application shall be noted on the application paper. + +INDIAN RULE III. + +1. The papers of every examination shall be marked under regulations +made by the Commission. Bach competitor shall be graded on a scale of +100, according to the general average determined by the markings. + +2. Immediately after the general average shall have been ascertained +each competitor shall be notified that he has passed or has failed to +pass. + +3. A competitor who has failed to pass an examination may, with the +consent of the Commission, be allowed reexamination at any time within +six months from the date of failure without filing a new application; +but if he be not allowed reexamination within six months he shall be +required to file a new application before being again examined. + +4. No eligible shall be allowed reexamination during the period of his +eligibility unless he shall furnish satisfactory evidence to the +Commission that at the time of his examination, because of illness or +other good cause, he was incapable of doing himself justice; and his +rating on such reexamination shall cancel and be a substitute for his +rating on his former examination. + +5. All competitors whose claim to preference under section 1754 of the +Revised Statutes have been allowed by the Commission who attain a +general average of 65 per cent or over, and all other competitors who +attain a general average of 70 per cent or over, shall be eligible for +appointment to the place for which they were examined. The names of all +the competitors thus rendered eligible shall be entered in the order of +grade on the proper register of eligibles. + +6. When two or more eligibles are of the same grade, preference in +certification shall be determined by the order in which the application +papers are filed. + +7. For the Indian service there shall be four districts and a separate +register of eligibles for each grade of examination for each district, +the names of males and females being listed separately on each register. +The districts shall be comprised as follows: No. 1, of the States of +Michigan, Wisconsin, Minnesota, Iowa, Nebraska, North Dakota, South +Dakota, Montana, and Wyoming; No. 2, of the States of Idaho, Washington, +Oregon, Nevada, and that part of California lying north of the +thirty-seventh parallel of latitude, and the Territory of Utah; No. 3, +of that part of California lying south of the thirty-seventh parallel of +latitude, the Territories of Arizona, New Mexico, Oklahoma, the Indian +Territory, and the States of Colorado, Kansas, Missouri, Arkansas, +Louisiana, and Texas; No. 4, of all the States of the United States not +embraced in any of the foregoing districts, together with the District +of Columbia. Upon the written request of any eligible his name shall be +entered upon the register of any one or more of the districts other than +that in which he resides: _Provided_, That he shall state in writing his +willingness to accept service wherever assigned in any such district. + +8. The period of eligibility to appointment shall be one year from the +date on which the name of the eligible is entered on the register unless +otherwise determined by regulation of the Commission. + +INDIAN RULE IV. + +1. All vacancies, unless filled by promotion, transfer, or +reappointment, shall be filled in the following manner: + +(_a_) The Commissioner of Indian Affairs, through the Secretary of the +Interior, shall, in form and manner to be prescribed by the Commission, +request the certification to him of male or female eligibles from the +district in which the vacancy exists. + +(_b_) If fitness for the vacant place is tested by competitive +examination, the Commission shall certify from the proper register of +the district in which the vacancy exists the names of the three +eligibles thereon of the sex called for having the highest averages: +_Provided_, That the eligibles upon any register who have been allowed +preference under section 1754 of the Revised Statutes shall be certified +according to their grade before all other eligibles thereon: _And +provided further_, That if the vacancy is in the grade of matron or +teacher, and the wife of the superintendent of the school in which the +vacancy exists is an eligible, she may be given preference in +certification if the appointing officer so requests. + +2. Of the three names certified to him the appointing officer shall +select one, and if at the time of making this selection there are more +vacancies than one he may select more than one: _Provided_, That if the +appointing officer to whom certification has been made shall object in +writing to any eligible named in the certificate, stating that because +of physical incapacity or for other good cause particularly specified +such eligible is not capable of properly performing the duties of the +vacant place, the Commission may, upon investigation and ascertainment +of the fact that the objection made is good and well founded, direct the +certification of another eligible in place of the one objected to. + +3. Each person thus designated for appointment shall be notified, +and upon indicating acceptance shall be appointed for a probationary +period--if a physician, for six months, and if a school employee, to +expire at the end of the then current school year--at the end of which +period, if his conduct and capacity be satisfactory to the appointing +officer, he shall receive absolute appointment; but if his conduct and +capacity be not satisfactory to said officer he shall be so notified, +and this notification shall be his discharge from the service: +_Provided_, That any probationer may be discharged during probation for +misconduct or evident unfitness or incapacity. + +4. The Commissioner of Indian Affairs shall require the officer +under whom a probationer may be serving to carefully observe and +report in writing upon the services rendered by and the character and +qualifications of such probationer as to punctuality, industry, habits, +ability, and adaptability. These reports shall be preserved on file, and +the Commission may prescribe the form and manner in which they shall be +made. + +5. In case of the sudden occurrence of a vacancy 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. + +INDIAN RULE V. + +Until promotion regulations shall have been applied to the classified +Indian service promotions therein may be made upon any test of fitness +determined upon by the promoting officer if not disapproved by the +Commission: _Provided_, That preference in promotion in any school shall +be given to those longest in the service unless there are good reasons +to the contrary; and when such reasons prevail they shall, through the +proper channels, be reported to the Commission: _And provided further_, +That no one shall be promoted to any grade he could not enter by +original appointment under the minimum age limitation applied thereto +by Indian Rule II, section 2, and that no one shall be promoted to the +grade of physician from any other grade. + +INDIAN RULE VI. + +Subject to the conditions stated in Rule IV, transfers may be made after +absolute appointment from one school to another and from one district to +another under such regulations as the Commissioner of Indian Affairs, +with the approval of the Secretary of the Interior, may prescribe. + +INDIAN RULE VII. + +Upon the requisition of the Commissioner of Indian Affairs, through +the Secretary of the Interior, the Commission shall certify for +reinstatement in a grade or class no higher than that in which he was +formerly employed any person who within one year next preceding the +date of the requisition has through no delinquency or misconduct +been separated from the classified Indian service: _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 of the United States in the late War of the Rebellion and was +honorably discharged therefrom, without regard to the length of time +he has been separated from the service. + +INDIAN RULE VIII. + +The Commissioner of Indian Affairs shall report to the Commission-- + +(_a_) Every probational and every absolute appointment in the classified +Indian service. + +(_b_) Every refusal to make an absolute appointment and the reason +therefor, and every refusal to accept an appointment. + +(_c_) Every separation from the classified Indian service and the cause +of such separation, whether death, resignation, or dismissal. + +(_d_) Every restoration to the classified Indian service. + +These rules shall take effect October 1, 1891. + +BENJ. HARRISON. + + + +AMENDMENT OF CIVIL SERVICE RULES. + +OCTOBER 9, 1891. + +General Rule III, clause 6, is hereby amended by striking out the words +"under such regulations as the Commission may make" and substituting +therefor the following: "under regulations to be approved by the +President;" so that as amended the clause will read as follows: + + So far as practicable and useful competitive examinations shall be + established in the classified civil service to test fitness for + promotion under regulations to be approved by the President. + + +BENJ. HARRISON. + +Whereas civil-service rules for the Indian service were approved to take +effect October 1, 1891; and + +Whereas it is represented to me by the Civil Service Commission in a +communication of this date that no persons have as yet been examined for +appointment to that service, and that it seems probable that complete +arrangements for putting said rules into full effect will not be made +sooner than March 1, 1892: + +_It is therefore ordered_, That said Indian rules shall take effect +March 1, 1892, instead of October 1, 1891: _Provided_, That said rules +shall become operative and take effect in any district of the Indian +service as soon as an eligible register for such district shall be +provided, if it shall be prior to the date above fixed. + +EXECUTIVE MANSION, _October 13, 1891_. + +Upon the recommendation of the Commission the foregoing order is +approved. + +BENJ. HARRISON. + + + +AMENDMENT OF CIVIL-SERVICE RULES. + +NOVEMBER 24, 1891. + +Special Departmental Rule No. 1 is hereby amended so as to include among +the places excepted from examination the following: + + In the Department of the Treasury, in the Bureau of Statistics: One + confidential clerk to the Chief of the Bureau. + + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _Washington, December 4, 1891_. + +SIR:[21] In my message to the first session of the Fifty-first Congress +I said: + + I have suggested to the heads of the Executive Departments that they + consider whether a record might not be kept in each bureau of all those + elements that are covered by the terms "faithfulness" and "efficiency," + and a rating made showing the relative merits of the clerks of each + class, this rating to be regarded as a test of merit in making + promotions. + + +In some of the Departments this suggestion has been acted upon in part +at least, and I now direct that in your Department a plan be at once +devised and put in operation for keeping an efficiency record of all +persons within the classified service, with a view to placing promotions +wholly upon the basis of merit. + +It is intended to make provision for carrying into effect the +stipulations of the civil-service law in relation to promotions in +the classified service. To that end the rule requiring compulsory +examination has been rescinded. In my opinion the examination for +promotion of those who present themselves should be chiefly, if not +wholly, upon their knowledge of the work of the bureau or Department to +which they belong and the record of efficiency made by them during their +previous service. I think the records of efficiency kept from day to day +should be open to the inspection of the clerks. + +Very respectfully, yours, + +BENJ. HARRISON. + +[Footnote 21: Addressed to the heads of the Executive Departments.] + + + + +THIRD ANNUAL MESSAGE. + + +EXECUTIVE MANSION, _December 9, 1891_. + +_To the Senate and House of Representatives_: + +The reports of the heads of the several Executive Departments, required +by law to be submitted to me, which are herewith transmitted, and the +reports of the Secretary of the Treasury and the Attorney-General, made +directly to Congress, furnish a comprehensive view of the administrative +work of the last fiscal year relating to internal affairs. It would be +of great advantage if these reports could have an attentive perusal by +every member of Congress and by all who take an interest in public +affairs. Such a perusal could not fail to excite a higher appreciation +of the vast labor and conscientious effort which are given to the +conduct of our civil administration. + +The reports will, I believe, show that every question has been +approached, considered, and decided from the standpoint of public duty +and upon considerations affecting the public interests alone. Again I +invite to every branch of the service the attention and scrutiny of +Congress. + +The work of the State Department during the last year has been +characterized by an unusual number of important negotiations and by +diplomatic results of a notable and highly beneficial character. Among +these are the reciprocal trade arrangements which have been concluded, +in the exercise of the powers conferred by section 3 of the tariff law, +with the Republic of Brazil, with Spain for its West India possessions, +and with Santo Domingo. Like negotiations with other countries have been +much advanced, and it is hoped that before the close of the year further +definitive trade arrangements of great value will be concluded. + +In view of the reports which had been received as to the diminution of +the seal herds in the Bering Sea, I deemed it wise to propose to Her +Majesty's Government in February last that an agreement for a closed +season should be made pending the negotiations for arbitration, which +then seemed to be approaching a favorable conclusion. After much +correspondence and delays, for which this Government was not +responsible, an agreement was reached and signed on the 15th of June, by +which Great Britain undertook from that date and until May 1, 1892, to +prohibit the killing by her subjects of seals in the Bering Sea, and the +Government of the United States during the same period to enforce its +existing prohibition against pelagic sealing and to limit the catch by +the fur-seal company upon the islands to 7,500 skins. If this agreement +could have been reached earlier in response to the strenuous endeavors +of this Government, it would have been more effective; but coming even +as late as it did it unquestionably resulted in greatly diminishing the +destruction of the seals by the Canadian sealers. + +In my last annual message I stated that the basis of arbitration +proposed by Her Majesty's Government for the adjustment of the +long-pending controversy as to the seal fisheries was not acceptable. +I am glad now to be able to announce that terms satisfactory to this +Government have been agreed upon and that an agreement as to the +arbitrators is all that is necessary to the completion of the +convention. In view of the advanced position which this Government has +taken upon the subject of international arbitration, this renewed +expression of our adherence to this method for the settlement of +disputes such as have arisen in the Bering Sea will, I doubt not, meet +with the concurrence of Congress. + +Provision should be made for a joint demarcation of the frontier line +between Canada and the United States wherever required by the increasing +border settlements, and especially for the exact location of the water +boundary in the straits and rivers. + +I should have been glad to announce some favorable disposition of the +boundary dispute between Great Britain and Venezuela touching the +western frontier of British Guiana, but the friendly efforts of the +United States in that direction have thus far been unavailing. This +Government will continue to express its concern at any appearance of +foreign encroachment on territories long under the administrative +control of American States. The determination of a disputed boundary +is easily attainable by amicable arbitration where the rights of the +respective parties rest, as here, on historic facts readily +ascertainable. + +The law of the last Congress providing a system of inspection for our +meats intended for export, and clothing the President with power to +exclude foreign products from our market in case the country sending +them should perpetuate unjust discriminations against any product of the +United States, placed this Government in a position to effectively urge +the removal of such discriminations against our meats. It is gratifying +to be able to state that Germany, Denmark, Italy, Austria, and France, +in the order named, have opened their ports to inspected American pork +products. The removal of these restrictions in every instance was asked +for and given solely upon the ground that we have now provided a meat +inspection that should be accepted as adequate to the complete removal +of the dangers, real or fancied, which had been previously urged. The +State Department, our ministers abroad, and the Secretary of Agriculture +have cooperated with unflagging and intelligent zeal for the +accomplishment of this great result. The outlines of an agreement have +been reached with Germany looking to equitable trade concessions in +consideration of the continued free importation of her sugars, but the +time has not yet arrived when this correspondence can be submitted to +Congress. + +The recent political disturbances in the Republic of Brazil have +excited regret and solicitude. The information we possessed was too +meager to enable us to form a satisfactory judgment of the causes +leading to the temporary assumption of supreme power by President +Fonseca; but this Government did not fail to express to him its anxious +solicitude for the peace of Brazil and for the maintenance of the free +political institutions which had recently been established there, nor to +offer our advice that great moderation should be observed in the clash +of parties and the contest for leadership. These counsels were received +in the most friendly spirit, and the latest information is that +constitutional government has been reestablished without bloodshed. + +The lynching at New Orleans in March last of eleven men of Italian +nativity by a mob of citizens was a most deplorable and discreditable +incident. It did not, however, have its origin in any general animosity +to the Italian people, nor in any disrespect to the Government of Italy, +with which our relations were of the most friendly character. The fury +of the mob was directed against these men as the supposed participants +or accessories in the murder of a city officer. I do not allude to this +as mitigating in any degree this offense against law and humanity, but +only as affecting the international questions which grew out of it. It +was at once represented by the Italian minister that several of those +whose lives had been taken by the mob were Italian subjects, and a +demand was made for the punishment of the participants and for an +indemnity to the families of those who were killed. It is to be +regretted that the manner in which these claims were presented was not +such as to promote a calm discussion of the questions involved; but this +may well be attributed to the excitement and indignation which the crime +naturally evoked. The views of this Government as to its obligations to +foreigners domiciled here were fully stated in the correspondence, as +well as its purpose to make an investigation of the affair with a view +to determine whether there were present any circumstances that could +under such rules of duty as we had indicated create an obligation upon +the United States. The temporary absence of a minister plenipotentiary +of Italy at this capital has retarded the further correspondence, but +it is not doubted that a friendly conclusion is attainable. + +Some suggestions growing out of this unhappy incident are worthy the +attention of Congress. It would, I believe, be entirely competent for +Congress to make offenses against the treaty rights of foreigners +domiciled in the United States cognizable in the Federal courts. This +has not, however, been done, and the Federal officers and courts have no +power in such cases to intervene, either for the protection of a foreign +citizen or for the punishment of his slayers. It seems to me to follow, +in this state of the law, that the officers of the State charged with +police and judicial powers in such cases must in the consideration of +international questions growing out of such incidents be regarded in +such sense as Federal agents as to make this Government answerable for +their acts in cases where it would be answerable if the United States +had used its constitutional power to define and punish crime against +treaty rights. + +The civil war in Chile, which began in January last, was continued, but +fortunately with infrequent and not important armed collisions, until +August 28, when the Congressional forces landed near Valparaiso and +after a bloody engagement captured that city. President Balmaceda at +once recognized that his cause was lost, and a Provisional Government +was speedily established by the victorious party. Our minister was +promptly directed to recognize and put himself in communication with +this Government so soon as it should have established its _de facto_ +character, which was done. During the pendency of this civil contest +frequent indirect appeals were made to this Government to extend +belligerent rights to the insurgents and to give audience to their +representatives. This was declined, and that policy was pursued +throughout which this Government when wrenched by civil war so +strenuously insisted upon on the part of European nations. The _Itata_, +an armed vessel commanded by a naval officer of the insurgent fleet, +manned by its sailors and with soldiers on board, was seized under +process of the United States court at San Diego, Cal., for a violation +of our neutrality laws. While in the custody of an officer of the court +the vessel was forcibly wrested from his control and put to sea. It +would have been inconsistent with the dignity and self-respect of this +Government not to have insisted that the _Itata_ should be returned to +San Diego to abide the judgment of the court. This was so clear to the +junta of the Congressional party, established at Iquique, that before +the arrival of the _Itata_ at that port the secretary of foreign +relations of the Provisional Government addressed to Rear-Admiral Brown, +commanding the United States naval forces, a communication, from which +the following is an extract: + + The Provisional Government has learned by the cablegrams of the + Associated Press that the transport _Itata_, detained in San Diego by + order of the United States for taking on board munitions of war, and + in possession of the marshal, left the port, carrying on board this + official, who was landed at a point near the coast, and then continued + her voyage. * * * If this news be correct this Government would deplore + the conduct of the _Itata_, and as an evidence that it is not disposed + to support or agree to the infraction of the laws of the United States + the undersigned takes advantage of the personal relations you have been + good enough to maintain with him since your arrival in this port to + declare to you that as soon as she is within reach of our orders his + Government will put the _Itata_, with the arms and munitions she took + on board in San Diego, at the disposition of the United States. + + +A trial in the district court of the United States for the southern +district of California has recently resulted in a decision holding, +among other things, that inasmuch as the Congressional party had not +been recognized as a belligerent the acts done in its interest could not +be a violation of our neutrality laws. From this judgment the United +States has appealed, not that the condemnation of the vessel is a matter +of importance, but that we may know what the present state of our law +is; for if this construction of the statute is correct there is obvious +necessity for revision and amendment. + +During the progress of the war in Chile this Government tendered its +good offices to bring about a peaceful adjustment, and it was at one +time hoped that a good result might be reached; but in this we were +disappointed. + +The instructions to our naval officers and to our minister at Santiago +from the first to the last of this struggle enjoined upon them the most +impartial treatment and absolute noninterference. I am satisfied that +these instructions were observed and that our representatives were +always watchful to use their influence impartially in the interest of +humanity, and on more than one occasion did so effectively. We could not +forget, however, that this Government was in diplomatic relations with +the then established Government of Chile, as it is now in such relations +with the successor of that Government. I am quite sure that President +Montt, who has, under circumstances of promise for the peace of Chile, +been installed as President of that Republic, will not desire that in +the unfortunate event of any revolt against his authority the policy +of this Government should be other than that which we have recently +observed. No official complaint of the conduct of our minister or +of our naval officers during the struggle has been presented to this +Government, and it is a matter of regret that so many of our own +people should have given ear to unofficial charges and complaints that +manifestly had their origin in rival interests and in a wish to pervert +the relations of the United States with Chile. + +The collapse of the Government of Balmaceda brought about a condition +which is unfortunately too familiar in the history of the Central and +South American States. With the overthrow of the Balmaceda Government +he and many of his councilors and officers became at once fugitives for +their lives, and appealed to the commanding officers of the foreign +naval vessels in the harbor of Valparaiso and to the resident foreign +ministers at Santiago for asylum. This asylum was freely given, +according to my information, by the naval vessels of several foreign +powers and by several of the legations at Santiago. The American +minister as well as his colleagues, acting upon the impulse of humanity, +extended asylum to political refugees whose lives were in peril. I have +not been willing to direct the surrender of such of these persons as are +still in the American legation without suitable conditions. + +It is believed that the Government of Chile is not in a position, in +view of the precedents with which it has been connected, to broadly deny +the right of asylum, and the correspondence has not thus far presented +any such denial. The treatment of our minister for a time was such as to +call for a decided protest, and it was very gratifying to observe that +unfriendly measures, which were undoubtedly the result of the prevailing +excitement, were at once rescinded or suitably relaxed. + +On the 16th of October an event occurred in Valparaiso so serious and +tragic in its circumstances and results as to very justly excite the +indignation of our people and to call for prompt and decided action on +the part of this Government. A considerable number of the sailors of the +United States steamship _Baltimore_, then in the harbor at Valparaiso, +being upon shore leave and unarmed, were assaulted by armed men nearly +simultaneously in different localities in the city. One petty officer +was killed outright and seven or eight seamen were seriously wounded, +one of whom has since died. So savage and brutal was the assault that +several of our sailors received more than two and one as many as +eighteen stab wounds. An investigation of the affair was promptly made +by a board of officers of the _Baltimore_, and their report shows that +these assaults were unprovoked, that our men were conducting themselves +in a peaceable and orderly manner, and that some of the police of the +city took part in the assault and used their weapons with fatal effect, +while a few others, with some well-disposed citizens, endeavored to +protect our men. Thirty-six of our sailors were arrested, and some of +them while being taken to prison were cruelly beaten and maltreated. +The fact that they were all discharged, no criminal charge being lodged +against any one of them, shows very clearly that they were innocent of +any breach of the peace. + +So far as I have yet been able to learn no other explanation of this +bloody work has been suggested than that it had its origin in hostility +to those men as sailors of the United States, wearing the uniform of +their Government, and not in any individual act or personal animosity. +The attention of the Chilean Government was at once called to this +affair, and a statement of the facts obtained by the investigation we +had conducted was submitted, accompanied by a request to be advised of +any other or qualifying facts in the possession of the Chilean +Government that might tend to relieve this affair of the appearance of +an insult to this Government. The Chilean Government was also advised +that if such qualifying facts did not exist this Government would +confidently expect full and prompt reparation. + +It is to be regretted that the reply of the secretary for foreign +affairs of the Provisional Government was couched in an offensive tone. +To this no response has been made. This Government is now awaiting the +result of an investigation which has been conducted by the criminal +court at Valparaiso. It is reported unofficially that the investigation +is about completed, and it is expected that the result will soon be +communicated to this Government, together with some adequate and +satisfactory response to the note by which the attention of Chile +was called to this incident. If these just expectations should be +disappointed or further needless delay intervene, I will by a special +message bring this matter again to the attention of Congress for +such action as may be necessary. The entire correspondence with the +Government of Chile will at an early day be submitted to Congress. + +I renew the recommendation of my special message dated January 16, +1890,[22] for the adoption of the necessary legislation to enable this +Government to apply in the case of Sweden and Norway the same rule in +respect to the levying of tonnage dues as was claimed and secured to the +shipping of the United States in 1828 under Article VIII of the treaty +of 1827. + +The adjournment of the Senate without action on the pending acts for +the suppression of the slave traffic in Africa and for the reform of +the revenue tariff of the Independent State of the Kongo left this +Government unable to exchange those acts on the date fixed, July 2, +1891. A _modus vivendi_ has been concluded by which the power of the +Kongo State to levy duties on imports is left unimpaired, and by +agreement of all the signatories to the general slave trade act the time +for the exchange of ratifications on the part of the United States has +been extended to February 2, 1892. + +The late outbreak against foreigners in various parts of the +Chinese Empire has been a cause of deep concern in view of the numerous +establishments of our citizens in the interior of that country. This +Government can do no less than insist upon a continuance of the +protective and punitory measures which the Chinese Government has +heretofore applied. No effort will be omitted to protect our citizens +peaceably sojourning in China, but recent unofficial information +indicates that what was at first regarded as an outbreak of mob violence +against foreigners has assumed the larger form of an insurrection +against public order. + +The Chinese Government has declined to receive Mr. Blair as the minister +of the United States on the ground that as a participant while a Senator +in the enactment of the existing legislation against the introduction of +Chinese laborers he has become unfriendly and objectionable to China. +I have felt constrained to point out to the Chinese Government the +untenableness of this position, which seems to rest as much on the +unacceptability of our legislation as on that of the person chosen, +and which if admitted would practically debar the selection of any +representative so long as the existing laws remain in force. + +You will be called upon to consider the expediency of making special +provision by law for the temporary admission of some Chinese artisans +and laborers in connection with the exhibit of Chinese industries at the +approaching Columbian Exposition. I regard it as desirable that the +Chinese exhibit be facilitated in every proper way. + +A question has arisen with the Government of Spain touching the rights +of American citizens in the Caroline Islands. Our citizens there long +prior to the confirmation of Spain's claim to the islands had secured +by settlement and purchase certain rights to the recognition and +maintenance of which the faith of Spain was pledged. I have had reason +within the past year very strongly to protest against the failure to +carry out this pledge on the part of His Majesty's ministers, which has +resulted in great injustice and injury to the American residents. + +The Government and people of Spain propose to celebrate the four +hundredth anniversary of the discovery of America by holding an +exposition at Madrid, which will open on the 12th of September and +continue until the 31st of December, 1892. A cordial invitation has +been extended to the United States to take part in this commemoration, +and as Spain was one of the first nations to express the intention to +participate in the World's Columbian Exposition at Chicago, it would +be very appropriate for this Government to give this invitation its +friendly promotion. + +Surveys for the connecting links of the projected intercontinental +railway are in progress, not only in Mexico, but at various points along +the course mapped out. Three surveying parties are now in the field +under the direction of the commission. Nearly 1,000 miles of the +proposed road have been surveyed, including the most difficult part, +that through Ecuador and the southern part of Colombia. The reports of +the engineers are very satisfactory, and show that no insurmountable +obstacles have been met with. + +On November 12, 1884, a treaty was concluded with Mexico reaffirming +the boundary between the two countries as described in the treaties of +February 2, 1848, and December 30, 1853. March 1, 1889, a further treaty +was negotiated to facilitate the carrying out of the principles of the +treaty of 1884 and to avoid the difficulties occasioned by reason of the +changes and alterations that take place from natural causes in the Rio +Grande and Colorado rivers in the portions thereof constituting the +boundary line between the two Republics. The International Boundary +Commission provided for by the treaty of 1889 to have exclusive +jurisdiction of any question that may arise has been named by the +Mexican Government. An appropriation is necessary to enable the United +States to fulfill its treaty obligations in this respect. + +The death of King Kalakaua in the United States afforded occasion to +testify our friendship for Hawaii by conveying the King's body to his +own land in a naval vessel with all due honors. The Government of his +successor, Queen Liliuokolani, is seeking to promote closer commercial +relations with the United States. Surveys for the much-needed submarine +cable from our Pacific coast to Honolulu are in progress, and this +enterprise should have the suitable promotion of the two Governments. +I strongly recommend that provision be made for improving the harbor +of Pearl River and equipping it as a naval station. + +The arbitration treaty formulated by the International American +Conference lapsed by reason of the failure to exchange ratifications +fully within the limit of time provided; but several of the Governments +concerned have expressed a desire to save this important result of +the conference by an extension of the period. It is, in my judgment, +incumbent upon the United States to conserve the influential initiative +it has taken in this measure by ratifying the instrument and by +advocating the proposed extension of the time for exchange. These views +have been made known to the other signatories. + +This Government has found occasion to express in a friendly spirit, but +with much earnestness, to the Government of the Czar its serious concern +because of the harsh measures now being enforced against the Hebrews in +Russia. By the revival of antisemitic laws, long in abeyance, great +numbers of those unfortunate people have been constrained to abandon +their homes and leave the Empire by reason of the impossibility of +finding subsistence within the pale to which it is sought to confine +them. The immigration of these people to the United States--many other +countries being closed to them--is largely increasing and is likely +to assume proportions which may make it difficult to find homes and +employment for them here and to seriously affect the labor market. It is +estimated that over 1,000,000 will be forced from Russia within a few +years. The Hebrew is never a beggar; he has always kept the law--life by +toil--often under severe and oppressive civil restrictions. It is also +true that no race, sect, or class has more fully cared for its own than +the Hebrew race. But the sudden transfer of such a multitude under +conditions that tend to strip them of their small accumulations and to +depress their energies and courage is neither good for them nor for us. + +The banishment, whether by direct decree or by not less certain indirect +methods, of so large a number of men and women is not a local question. +A decree to leave one country is in the nature of things an order to +enter another--some other. This consideration, as well as the suggestion +of humanity, furnishes ample ground for the remonstrances which we have +presented to Russia, while our historic friendship for that Government +can not fail to give the assurance that our representations are those of +a sincere wellwisher. + +The annual report of the Maritime Canal Company of Nicaragua shows that +much costly and necessary preparatory work has been done during the year +in the construction of shops, railroad tracks, and harbor piers and +breakwaters, and that the work of canal construction has made some +progress. + +I deem it to be a matter of the highest concern to the United States +that this canal, connecting the waters of the Atlantic and Pacific +oceans and giving to us a short water communication between our ports +upon those two great seas, should be speedily constructed and at the +smallest practicable limit of cost. The gain in freights to the people +and the direct saving to the Government of the United States in the use +of its naval vessels would pay the entire cost of this work within a +short series of years. The report of the Secretary of the Navy shows the +saving in our naval expenditures which would result. + +The Senator from Alabama (Mr. Morgan) in his argument upon this subject +before the Senate at the last session did not overestimate the +importance of this work when he said that "the canal is the most +important subject now connected with the commercial growth and progress +of the United States." + +If this work is to be promoted by the usual financial methods +and without the aid of this Government, the expenditures in its +interest-bearing securities and stock will probably be twice the actual +cost. This will necessitate higher tolls and constitute a heavy and +altogether needless burden upon our commerce and that of the world. +Every dollar of the bonds and stock of the company should represent a +dollar expended in the legitimate and economical prosecution of the +work. This is only possible by giving to the bonds the guaranty of the +United States Government. Such a guaranty would secure the ready sale at +par of a 3 per cent bond from time to time as the money was needed. I do +not doubt that built upon these business methods the canal would when +fully inaugurated earn its fixed charges and operating expenses. But if +its bonds are to be marketed at heavy discounts and every bond sold is +to be accompanied by a gift of stock, as has come to be expected by +investors in such enterprises, the traffic will be seriously burdened to +pay interest and dividends. I am quite willing to recommend Government +promotion in the prosecution of a work which, if no other means offered +for securing its completion, is of such transcendent interest that the +Government should, in my opinion, secure it by direct appropriations +from its Treasury. + +A guaranty of the bonds of the canal company to an amount necessary +to the completion of the canal could, I think, be so given as not to +involve any serious risk of ultimate loss. The things to be carefully +guarded are the completion of the work within the limits of the +guaranty, the subrogation of the United States to the rights of the +first-mortgage bondholders for any amounts it may have to pay, and in +the meantime a control of the stock of the company as a security against +mismanagement and loss. I most sincerely hope that neither party nor +sectional lines will be drawn upon this great American project, so full +of interest to the people of all our States and so influential in its +effects upon the prestige and prosperity of our common country. + +The island of Navassa, in the West Indian group, has, under the +provisions of Title VII of the Revised Statutes, been recognized by +the President as appertaining to the United States. It contains guano +deposits, is owned by the Navassa Phosphate Company, and is occupied +solely by its employees. In September, 1889, a revolt took place among +these laborers, resulting in the killing of some of the agents of the +company, caused, as the laborers claimed, by cruel treatment. These men +were arrested and tried in the United States court at Baltimore, under +section 5576 of the statute referred to, as if the offenses had been +committed on board a merchant vessel of the United States on the high +seas. There appeared on the trial and otherwise came to me such +evidences of the bad treatment of the men that in consideration of this +and of the fact that the men had no access to any public officer or +tribunal for protection or the redress of their wrongs I commuted the +death sentences that had been passed by the court upon three of them. +In April last my attention was again called to this island and to the +unregulated condition of things there by a letter from a colored +laborer, who complained that he was wrongfully detained upon the island +by the phosphate company after the expiration of his contract of +service. A naval vessel was sent to examine into the case of this man +and generally into the condition of things on the island. It was found +that the laborer referred to had been detained beyond the contract limit +and that a condition of revolt again existed among the laborers. A board +of naval officers reported, among other things, as follows: + + We would desire to state further that the discipline maintained on the + island seems to be that of a convict establishment without its comforts + and cleanliness, and that until more attention is paid to the shipping + of laborers by placing it under Government supervision to prevent + misunderstanding and misrepresentation, and until some amelioration is + shown in the treatment of the laborers, these disorders will be of + constant occurrence. + + +I recommend legislation that shall place labor contracts upon this and +other islands having the relation that Navassa has to the United States +under the supervision of a court commissioner, and that shall provide +at the expense of the owners an officer to reside upon the island, with +power to judge and adjust disputes and to enforce a just and humane +treatment of the employees. It is inexcusable that American laborers +should be left within our own jurisdiction without access to any +Government officer or tribunal for their protection and the redress of +their wrongs. + +International copyright has been secured, in accordance with the +conditions of the act of March 3, 1891, with Belgium, France, Great +Britain and the British possessions, and Switzerland, the laws of those +countries permitting to our citizens the benefit of copyright on +substantially the same basis as to their own citizens or subjects. + +With Germany a special convention has been negotiated upon this subject +which will bring that country within the reciprocal benefits of our +legislation. + +The general interest in the operations of the Treasury Department has +been much augmented during the last year by reason of the conflicting +predictions, which accompanied and followed the tariff and other +legislation of the last Congress affecting the revenues, as to the +results of this legislation upon the Treasury and upon the country. On +the one hand it was contended that imports would so fall off as to leave +the Treasury bankrupt and that the prices of articles entering into the +living of the people would be so enhanced as to disastrously affect +their comfort and happiness, while on the other it was argued that the +loss to the revenue, largely the result of placing sugar on the free +list, would be a direct gain to the people; that the prices of the +necessaries of life, including those most highly protected, would not be +enhanced; that labor would have a larger market and the products of the +farm advanced prices, while the Treasury surplus and receipts would be +adequate to meet the appropriations, including the large exceptional +expenditures for the refunding to the States of the direct tax and the +redemption of the 4-1/2 per cent bonds. + +It is not my purpose to enter at any length into a discussion of +the effects of the legislation to which I have referred; but a brief +examination of the statistics of the Treasury and a general glance at +the state of business throughout the country will, I think, satisfy +any impartial inquirer that its results have disappointed the evil +prophecies of its opponents and in a large measure realized the hopeful +predictions of its friends. Rarely, if ever before, in the history of +the country has there been a time when the proceeds of one day's labor +or the product of one farmed acre would purchase so large an amount of +those things that enter into the living of the masses of the people. +I believe that a full test will develop the fact that the tariff act of +the Fifty-first Congress is very favorable in its average effect upon +the prices of articles entering into common use. + +During the twelve months from October 1, 1890, to September 30, 1891, +the total value of our foreign commerce (imports and exports combined) +was $1,747,806,406, which was the largest of any year in the history of +the United States. The largest in any previous year was in 1890, when +our commerce amounted to $1,647,139,093, and the last year exceeds this +enormous aggregate by over one hundred millions. It is interesting, +and to some will be surprising, to know that during the year ending +September 30, 1891, our imports of merchandise amounted to $824,715,270. +which was an increase of more than $11,000,000 over the value of the +imports of the corresponding months of the preceding year, when the +imports of merchandise were unusually large in anticipation of the +tariff legislation then pending. The average annual value of the imports +of merchandise for the ten years from 1881 to 1890 was $692,186,522, and +during the year ending September 30, 1891, this annual average was +exceeded by $132,528,469. + +The value of free imports during the twelve months ending September 30, +1891, was $118,092,387 more than the value of free imports during the +corresponding twelve months of the preceding year, and there was during +the same period a decrease of $106,846,508 in the value of imports of +dutiable merchandise. The percentage of merchandise admitted free of +duty during the year to which I have referred, the first under the new +tariff, was 48.18, while during the preceding twelve months, under the +old tariff, the percentage was 34.27, an increase of 13.91 per cent. +If we take the six months ending September 30 last, which covers the +time during which sugars have been admitted free of duty, the per cent +of value of merchandise imported free of duty is found to be 55.37, +which is a larger percentage of free imports than during any prior +fiscal year in the history of the Government. + +If we turn to exports of merchandise, the statistics are full of +gratification. The value of such exports of merchandise for the twelve +months ending September 30, 1891, was $923,091,136, while for the +corresponding previous twelve months it was $860,177,115, an increase +of $62,914,021, which is nearly three times the average annual increase +of exports of merchandise for the preceding twenty years. This exceeds +in amount and value the exports of merchandise during any year in the +history of the Government. The increase in the value of exports of +agricultural products during the year referred to over the corresponding +twelve months of the prior year was $45,846,197, while the increase in +the value of exports of manufactured products was $16,838,240. + +There is certainly nothing in the condition of trade, foreign or +domestic, there is certainly nothing in the condition of our people of +any class, to suggest that the existing tariff and revenue legislation +bears oppressively upon the people or retards the commercial development +of the nation. It may be argued that our condition would be better if +tariff legislation were upon a free-trade basis; but it can not be +denied that all the conditions of prosperity and of general contentment +are present in a larger degree than ever before in our history, and +that, too, just when it was prophesied they would be in the worst state. +Agitation for radical changes in tariff and financial legislation can +not help but may seriously impede business, to the prosperity of which +some degree of stability in legislation is essential. + +I think there are conclusive evidences that the new tariff has created +several great industries, which will within a few years give employment +to several hundred thousand American working men and women. In view of +the somewhat overcrowded condition of the labor market of the United +States, every patriotic citizen should rejoice at such a result. + +The report of the Secretary of the Treasury shows that the total +receipts of the Government from all sources for the fiscal year ending +June 30, 1891, were $458,544,233.03, while the expenditures for the same +period were $421,304,470.46, leaving a surplus of $37,239,762.57. + +The receipts of the fiscal year ending June 30, 1892, actual and +estimated, are $433,000,000 and the expenditures $409,000,000. For the +fiscal year ending June 30, 1893, the estimated receipts are +$455,336,350 and the expenditures $441,300,093. + +Under the law of July 14, 1890, the Secretary of the Treasury has +purchased (since August 13) during the fiscal year 48,393,113 ounces of +silver bullion at an average cost of $1.045 per ounce. The highest price +paid during the year was $1.2025 and the lowest $O.9636. In exchange for +this silver bullion there have been issued $50,577,498 of the Treasury +notes authorized by the act. The lowest price of silver reached during +the fiscal year was $O.9636 on April 22, 1891; but on November 1 the +market price was only $O.96, which would give to the silver dollar a +bullion value of 74-1/4 cents. + +Before the influence of the prospective silver legislation was felt +in the market silver was worth in New York about $O.955 per ounce. +The ablest advocates of free coinage in the last Congress were most +confident in their predictions that the purchases by the Government +required by the law would at once bring the price of silver to $1.2929 +per ounce, which would make the bullion value of a dollar 100 cents and +hold it there. The prophecies of the antisilver men of disasters to +result from the coinage of $2,000,000 per month were not wider of the +mark. The friends of free silver are not agreed, I think, as to the +causes that brought their hopeful predictions to naught. Some facts are +known. The exports of silver from London to India during the first nine +months of this calendar year fell off over 50 per cent, or $17,202,730, +compared with the same months of the preceding year. The exports of +domestic silver bullion from this country, which had averaged for the +last ten years over $17,000,000, fell in the last fiscal year to +$13,797,391, while for the first time in recent years the imports of +silver into this country exceeded the exports by the sum of $2,745,365. +In the previous year the net exports of silver from the United States +amounted to $8,545,455. The production of the United States increased +from 50,000,000 ounces in 1889 to 54,500,000 in 1890. The Government is +now buying and putting aside annually 54,000,000 ounces, which, allowing +for 7,140,000 ounces of new bullion used in the arts, is 6,640,000 more +than our domestic products available for coinage. + +I hope the depression in the price of silver is temporary and that a +further trial of this legislation will more favorably affect it. That +the increased volume of currency thus supplied for the use of the people +was needed and that beneficial results upon trade and prices have +followed this legislation I think must be very clear to everyone. Nor +should it be forgotten that for every dollar of these notes issued a +full dollar's worth of silver bullion is at the time deposited in the +Treasury as a security for its redemption. Upon this subject, as upon +the tariff, my recommendation is that the existing laws be given a full +trial and that our business interests be spared the distressing +influence which threats of radical changes always impart. Under existing +legislation it is in the power of the Treasury Department to maintain +that essential condition of national finance as well as of commercial +prosperity--the parity in use of the coined dollars and their paper +representatives. The assurance that these powers would be freely and +unhesitatingly used has done much to produce and sustain the present +favorable business conditions. + +I am still of the opinion that the free coinage of silver under existing +conditions would disastrously affect our business interests at home and +abroad. We could not hope to maintain an equality in the purchasing +power of the gold and silver dollar in our own markets, and in foreign +trade the stamp gives no added value to the bullion contained in coins. +The producers of the country, its farmers and laborers, have the highest +interest that every dollar, paper or coin, issued by the Government +shall be as good as any other. If there is one less valuable than +another, its sure and constant errand will be to pay them for their +toil and for their crops. The money lender will protect himself by +stipulating for payment in gold, but the laborer has never been able to +do that. To place business upon a silver basis would mean a sudden and +severe contraction of the currency by the withdrawal of gold and gold +notes and such an unsettling of all values as would produce a commercial +panic. I can not believe that a people so strong and prosperous as ours +will promote such a policy. + +The producers of silver are entitled to just consideration, but they +should not forget that the Government is now buying and putting out of +the market what is the equivalent of the entire product of our silver +mines. This is more than they themselves thought of asking two years +ago. I believe it is the earnest desire of a great majority of the +people, as it is mine, that a full coin use shall be made of silver +just as soon as the cooperation of other nations can be secured and a +ratio fixed that will give circulation equally to gold and silver. The +business of the world requires the use of both metals; but I do not see +any prospect of gain, but much of loss, by giving up the present system, +in which a full use is made of gold and a large use of silver, for one +in which silver alone will circulate. Such an event would be at once +fatal to the further progress of the silver movement. Bimetallism is +the desired end, and the true friends of silver will be careful not to +overrun the goal and bring in silver monometallism with its necessary +attendants--the loss of our gold to Europe and the relief of the +pressure there for a larger currency. I have endeavored by the use of +official and unofficial agencies to keep a close observation of the +state of public sentiment in Europe upon this question and have not +found it to be such as to justify me in proposing an international +conference. There is, however, I am sure, a growing sentiment in Europe +in favor of a larger use of silver, and I know of no more effectual way +of promoting this sentiment than by accumulating gold here. A scarcity +of gold in the European reserves will be the most persuasive argument +for the use of silver. + +The exports of gold to Europe, which began in February last and +continued until the close of July, aggregated over $70,000,000. The net +loss of gold during the fiscal year was nearly $68,000,000. That no +serious monetary disturbance resulted was most gratifying and gave to +Europe fresh evidence of the strength and stability of our financial +institutions. With the movement of crops the outflow of gold was +speedily stopped and a return set in. Up to December 1 we had recovered +of our gold lost at the port of New York $27,854,000, and it is +confidently believed that during the winter and spring this aggregate +will be steadily and largely increased. + +The presence of a large cash surplus in the Treasury has for many years +been the subject of much unfavorable criticism, and has furnished an +argument to those who have desired to place the tariff upon a purely +revenue basis. It was agreed by all that the withdrawal from circulation +of so large an amount of money was an embarrassment to the business of +the country and made necessary the intervention of the Department at +frequent intervals to relieve threatened monetary panics. The surplus on +March 1, 1889, was $183,827,190.29. The policy of applying this surplus +to the redemption of the interest-bearing securities of the United +States was thought to be preferable to that of depositing it without +interest in selected national banks. There have been redeemed since +the date last mentioned of interest-bearing securities $259,079,350, +resulting in a reduction of the annual interest charge of $11,684,675. +The money which had been deposited in banks without interest has been +gradually withdrawn and used in the redemption of bonds. + +The result of this policy, of the silver legislation, and of the +refunding of the 4-1/2 per cent bonds has been a large increase of +the money in circulation. At the date last named the circulation was +$1,404,205,896, or $23.03 per capita, while on the 1st day of December, +1891, it had increased to $1,577,262,070, or $24.38 per capita. The +offer of the Secretary of the Treasury to the holders of the 4-1/2 per +cent bonds to extend the time of redemption, at the option of the +Government, at an interest of 2 per cent, was accepted by the holders of +about one-half the amount, and the unextended bonds are being redeemed +on presentation. + +The report of the Secretary of War exhibits the results of an +intelligent, progressive, and businesslike administration of a +Department which has been too much regarded as one of mere routine. The +separation of Secretary Proctor from the Department by reason of his +appointment as a Senator from the State of Vermont is a source of great +regret to me and to his colleagues in the Cabinet, as I am sure it will +be to all those who have had business with the Department while under +his charge. + +In the administration of army affairs some especially good work has +been accomplished. The efforts of the Secretary to reduce the percentage +of desertions by removing the causes that promoted it have been so +successful as to enable him to report for the last year a lower +percentage of desertion than has been before reached in the history +of the Army. The resulting money saving is considerable, but the +improvement in the morale of the enlisted men is the most valuable +incident of the reforms which have brought about this result. + +The work of securing sites for shore batteries for harbor defense and +the manufacture of mortars and guns of high power to equip them have +made good progress during the year. The preliminary work of tests and +plans which so long delayed a start is now out of the way. Some guns +have been completed, and with an enlarged shop and a more complete +equipment at Watervliet the Army will soon be abreast of the Navy in gun +construction. Whatever unavoidable causes of delay may arise, there +should be none from delayed or insufficient appropriations. We shall be +greatly embarrassed in the proper distribution and use of naval vessels +until adequate shore defenses are provided for our harbors. + +I concur in the recommendation of the Secretary that the three-battalion +organization be adopted for the infantry. The adoption of a smokeless +powder and of a modern rifle equal in range, precision, and rapidity of +fire to the best now in use will, I hope, not be longer delayed. + +The project of enlisting Indians and organizing them into separate +companies upon the same basis as other soldiers was made the subject +of very careful study by the Secretary and received my approval. Seven +companies have been completely organized and seven more are in process +of organization. The results of six months' training have more than +realized the highest anticipations. The men are readily brought under +discipline, acquire the drill with facility, and show great pride in the +right discharge of their duty and perfect loyalty to their officers, +who declare that they would take them into action with confidence. The +discipline, order, and cleanliness of the military posts will have a +wholesome and elevating influence upon the men enlisted, and through +them upon their tribes, while a friendly feeling for the whites and +a greater respect for the Government will certainly be promoted. + +The great work done in the Record and Pension Division of the War +Department by Major Ainsworth, of the Medical Corps, and the clerks +under him is entitled to honorable mention. Taking up the work with +nearly 41,000 cases behind, he closed the last fiscal year without a +single case left over, though the new cases had increased 52 per cent +in number over the previous year by reason of the pension legislation +of the last Congress. + +I concur in the recommendation of the Attorney-General that the right in +felony cases to a review by the Supreme Court be limited. It would seem +that personal liberty would have a safe guaranty if the right of review +in cases involving only fine and imprisonment were limited to the +circuit court of appeals, unless a constitutional question should in +some way be involved. + +The judges of the Court of Private Land Claims, provided for by the act +of March 3, 1891, have been appointed and the court organized. It is now +possible to give early relief to communities long repressed in their +development by unsettled land titles and to establish the possession and +right of settlers whose lands have been rendered valueless by adverse +and unfounded claims. + +The act of July 9, 1888, provided for the incorporation and management +of a reform school for girls in the District of Columbia; but it has +remained inoperative for the reason that no appropriation has been made +for construction or maintenance. The need of such an institution is very +urgent. Many girls could be saved from depraved lives by the wholesome +influences and restraints of such a school. I recommend that the +necessary appropriation be made for a site and for construction. + +The enforcement by the Treasury Department of the law prohibiting the +coming of Chinese to the United States has been effective as to such as +seek to land from vessels entering our ports. The result has been to +divert the travel to vessels entering the ports of British Columbia, +whence passage into the United States at obscure points along the +Dominion boundary is easy. A very considerable number of Chinese +laborers have during the past year entered the United States from +Canada and Mexico. + +The officers of the Treasury Department and of the Department of Justice +have used every means at their command to intercept this immigration; +but the impossibility of perfectly guarding our extended frontier is +apparent. The Dominion government collects a head tax of $50 from every +Chinaman entering Canada, and thus derives a considerable revenue from +those who only use its ports to reach a position of advantage to evade +our exclusion laws. There seems to be satisfactory evidence that the +business of passing Chinamen through Canada to the United States is +organized and quite active. The Department of Justice has construed the +laws to require the return of any Chinaman found to be unlawfully in +this country to China as the country from which he came, notwithstanding +the fact that he came by way of Canada; but several of the district +courts have in cases brought before them overruled this view of the +law and decided that such persons must be returned to Canada. This +construction robs the law of all effectiveness, even if the decrees +could be executed, for the men returned can the next day recross our +border. But the only appropriation made is for sending them back to +China, and the Canadian officials refuse to allow them to reenter +Canada without the payment of the fifty-dollar head tax. I recommend +such legislation as will remedy these defects in the law. + +In previous messages I have called the attention of Congress to the +necessity of so extending the jurisdiction of the United States courts +as to make triable therein any felony committed while in the act of +violating a law of the United States. These courts can not have that +independence and effectiveness which the Constitution contemplates so +long as the felonious killing of court officers, jurors, and witnesses +in the discharge of their duties or by reason of their acts as +such is only cognizable in the State courts. The work done by the +Attorney-General and the officers of his Department, even under the +present inadequate legislation, has produced some notable results in +the interest of law and order. + +The Attorney-General and also the Commissioners of the District of +Columbia call attention to the defectiveness and inadequacy of the +laws relating to crimes against chastity in the District of Columbia. +A stringent code upon this subject has been provided by Congress for +Utah, and it is a matter of surprise that the needs of this District +should have been so long overlooked. + +In the report of the Postmaster-General some very gratifying results are +exhibited and many betterments of the service suggested. A perusal of +the report gives abundant evidence that the supervision and direction +of the postal system have been characterized by an intelligent and +conscientious desire to improve the service. The revenues of the +Department show an increase of over $5,000,000, with a deficiency for +the year 1892 of less than $4,000,000, while the estimate for the year +1893 shows a surplus of receipts over expenditures. + +Ocean mail post offices have been established upon the steamers of the +North German Lloyd and Hamburg lines, saving by the distribution on +shipboard from two to fourteen hours' time in the delivery of mail at +the port of entry and often much more than this in the delivery at +interior places. So thoroughly has this system, initiated by Germany and +the United States, evidenced its usefulness that it can not be long +before it is installed upon all the great ocean mail-carrying +steamships. + +Eight thousand miles of new postal service has been established upon +railroads, the car distribution to substations in the great cities has +been increased about 12 per cent, while the percentage of errors in +distribution has during the past year been reduced over one-half. An +appropriation was given by the last Congress for the purpose of making +some experiments in free delivery in the smaller cities and towns. +The results of these experiments have been so satisfactory that the +Postmaster-General recommends, and I concur in the recommendation, +that the free-delivery system be at once extended to towns of 5,000 +population. His discussion of the inadequate facilities extended under +our present system to rural communities and his suggestions with a view +to give these communities a fuller participation in the benefits of the +postal service are worthy of your careful consideration. It is not just +that the farmer, who receives his mail at a neighboring town, should +not only be compelled to send to the post-office for it, but to pay a +considerable rent for a box in which to place it or to wait his turn at +a general-delivery window, while the city resident has his mail brought +to his door. It is stated that over 54,000 neighborhoods are under the +present system receiving mail at post-offices where money orders and +postal notes are not issued. The extension of this system to these +communities is especially desirable, as the patrons of such offices +are not possessed of the other facilities offered in more populous +communities for the transmission of small sums of money. + +I have in a message to the preceding Congress expressed my views +as to a modified use of the telegraph in connection with the postal +service.[23] In pursuance of the ocean mail law of March 3, 1891, and +after a most careful study of the whole subject and frequent conferences +with shipowners, boards of trade, and others, advertisements were issued +by the Postmaster-General for 53 lines of ocean mail service--10 to +Great Britain and the Continent, 27 to South America, 3 to China and +Japan, 4 to Australia and the Pacific islands, 7 to the West Indies, +and 2 to Mexico. It was not, of course, expected that bids for all +these lines would be received or that service upon them all would be +contracted for. It was intended, in furtherance of the act, to secure as +many new lines as possible, while including in the list most or all of +the foreign lines now occupied by American ships. It was hoped that a +line to England and perhaps one to the Continent would be secured; but +the outlay required to equip such lines wholly with new ships of the +first class and the difficulty of establishing new lines in competition +with those already established deterred bidders whose interest had been +enlisted. It is hoped that a way may yet be found of overcoming these +difficulties. + +The Brazil Steamship Company, by reason of a miscalculation as to +the speed of its vessels, was not able to bid under the terms of the +advertisement. The policy of the Department was to secure from the +established lines an improved service as a condition of giving to them +the benefits of the law. This in all instances has been attained. The +Postmaster-General estimates that an expenditure in American shipyards +of about $10,000,000 will be necessary to enable the bidders to +construct the ships called for by the service which they have accepted. +I do not think there is any reason for discouragement or for any turning +back from the policy of this legislation. Indeed, a good beginning has +been made, and as the subject is further considered and understood by +capitalists and shipping people new lines will be ready to meet future +proposals, and we may date from the passage of this law the revival of +American shipping interests and the recovery of a fair share of the +carrying trade of the world. We were receiving for foreign postage +nearly $2,000,000 under the old system, and the outlay for ocean mail +service did not exceed $600,000 per annum. It is estimated by the +Postmaster-General that if all the contracts proposed are completed it +will require $247,354 for this year in addition to the appropriation for +sea and inland postage already in the estimates, and that for the next +fiscal year, ending June 30, 1893, there would probably be needed about +$560,000. + +The report of the Secretary of the Navy shows a gratifying increase of +new naval vessels in commission. The _Newark, Concord, Bennington_, and +_Miantonomoh_ have been added during the year, with an aggregate of +something more than 11,000 tons. Twenty-four warships of all classes are +now under construction in the navy-yards and private shops; but while +the work upon them is going forward satisfactorily, the completion of +the more important vessels will yet require about a year's time. Some +of the vessels now under construction, it is believed, will be triumphs +of naval engineering. When it is recollected that the work of building +a modern navy was only initiated in the year 1883, that our naval +constructors and shipbuilders were practically without experience in the +construction of large iron or steel ships, that our engine shops were +unfamiliar with great marine engines, and that the manufacture of steel +forgings for guns and plates was almost wholly a foreign industry, +the progress that has been made is not only highly satisfactory, but +furnishes the assurance that the United States will before long attain +in the construction of such vessels, with their engines and armaments, +the same preeminence which it attained when the best instrument of ocean +commerce was the clipper ship and the most impressive exhibit of naval +power the old wooden three-decker man-of-war. The officers of the Navy +and the proprietors and engineers of our great private shops have +responded with wonderful intelligence and professional zeal to the +confidence expressed by Congress in its liberal legislation. We have now +at Washington a gun shop, organized and conducted by naval officers, +that in its system, economy, and product is unexcelled. Experiments with +armor plate have been conducted during the year with most important +results. It is now believed that a plate of higher resisting power than +any in use has been found and that the tests have demonstrated that +cheaper methods of manufacture than those heretofore thought necessary +can be used. + +I commend to your favorable consideration the recommendations of the +Secretary, who has, I am sure, given to them the most conscientious +study. There should be no hesitation in promptly completing a navy of +the best modern type large enough to enable this country to display its +flag in all seas for the protection of its citizens and of its extending +commerce. The world needs no assurance of the peaceful purposes of the +United States, but we shall probably be in the future more largely a +competitor in the commerce of the world, and it is essential to the +dignity of this nation and to that peaceful influence which it should +exercise on this hemisphere that its Navy should be adequate both upon +the shores of the Atlantic and of the Pacific. + +The report of the Secretary of the Interior shows that a very gratifying +progress has been made in all of the bureaus which make up that complex +and difficult Department. + +The work in the Bureau of Indian Affairs was perhaps never so large as +now, by reason of the numerous negotiations which have been proceeding +with the tribes for a reduction of the reservations, with the incident +labor of making allotments, and was never more carefully conducted. +The provision of adequate school facilities for Indian children and the +locating of adult Indians upon farms involve the solution of the "Indian +question." Everything else--rations, annuities, and tribal negotiations, +with the agents, inspectors, and commissioners who distribute and +conduct them--must pass away when the Indian has become a citizen, +secure in the individual ownership of a farm from which he derives his +subsistence by his own labor, protected by and subordinate to the laws +which govern the white man, and provided by the General Government or +by the local communities in which he lives with the means of educating +his children. When an Indian becomes a citizen in an organized State +or Territory, his relation to the General Government ceases in great +measure to be that of a ward; but the General Government ought not at +once to put upon the State or Territory the burden of the education of +his children. + +It has been my thought that the Government schools and school buildings +upon the reservations would be absorbed by the school systems of the +States and Territories; but as it has been found necessary to protect +the Indian against the compulsory alienation of his land by exempting +him from taxation for a period of twenty-five years, it would seem to +be right that the General Government, certainly where there are tribal +funds in its possession, should pay to the school fund of the State what +would be equivalent to the local school tax upon the property of the +Indian. It will be noticed from the report of the Commissioner of Indian +Affairs that already some contracts have been made with district schools +for the education of Indian children. There is great advantage, I think, +in bringing the Indian children into mixed schools. This process will +be gradual, and in the meantime the present educational provisions and +arrangements, the result of the best experience of those who have been +charged with this work, should be continued. This will enable those +religious bodies that have undertaken the work of Indian education with +so much zeal and with results so restraining and beneficent to place +their institutions in new and useful relations to the Indian and to his +white neighbors. + +The outbreak among the Sioux which occurred in December last is as to +its causes and incidents fully reported upon by the War Department +and the Department of the Interior. That these Indians had some +just complaints, especially in the matter of the reduction of the +appropriation for rations and in the delays attending the enactment of +laws to enable the Department to perform the engagements entered into +with them, is probably true; but the Sioux tribes are naturally warlike +and turbulent, and their warriors were excited by their medicine men +and chiefs, who preached the coming of an Indian messiah who was to +give them power to destroy their enemies. In view of the alarm that +prevailed among the white settlers near the reservation and of the fatal +consequences that would have resulted from an Indian incursion, I placed +at the disposal of General Miles, commanding the Division of the +Missouri, all such forces as were thought by him to be required. He +is entitled to the credit of having given thorough protection to the +settlers and of bringing the hostiles into subjection with the least +possible loss of life. + +The appropriation of $2,991,450 for the Choctaws and Chickasaws +contained in the general Indian appropriation bill of March 3, 1891, has +not been expended, for the reason that I have not yet approved a release +(to the Government) of the Indian claim to the lands mentioned. This +matter will be made the subject of a special message, placing before +Congress all the facts which have come to my knowledge. + +The relation of the Five Civilized Tribes now occupying the Indian +Territory to the United States is not, I believe, that best calculated +to promote the highest advancement of these Indians. That there should +be within our borders five independent states having no relations, +except those growing out of treaties, with the Government of the United +States, no representation in the National Legislature, its people not +citizens, is a startling anomaly. + +It seems to me to be inevitable that there shall be before long some +organic changes in the relation of these people to the United States. +What form these changes should take I do not think it desirable now to +suggest, even if they were well defined in my own mind. They should +certainly involve the acceptance of citizenship by the Indians and a +representation in Congress. These Indians should have opportunity to +present their claims and grievances upon the floor rather than, as now, +in the lobby. If a commission could be appointed to visit these tribes +to confer with them in a friendly spirit upon this whole subject, even +if no agreement were presently reached the feeling of the tribes upon +this question would be developed, and discussion would prepare the way +for changes which must come sooner or later. + +The good work of reducing the larger Indian reservations by allotments +in severalty to the Indians and the cession of the remaining lands to +the United States for disposition under the homestead law has been +prosecuted during the year with energy and success. In September last I +was enabled to open to settlement in the Territory of Oklahoma 900,000 +acres of land, all of which was taken up by settlers in a single day. +The rush for these lands was accompanied by a great deal of excitement, +but was happily free from incidents of violence. + +It was a source of great regret that I was not able to open at the +same time the surplus lands of the Cheyenne and Arapahoe Reservation, +amounting to about 3,000,000 acres, by reason of the insufficiency of +the appropriation for making the allotments. Deserving and impatient +settlers are waiting to occupy these lands, and I urgently recommend +that a special deficiency appropriation be promptly made of the small +amount needed, so that the allotments may be completed and the surplus +lands opened in time to permit the settlers to get upon their homesteads +in the early spring. + +During the past summer the Cherokee Commission have completed +arrangements with the Wichita, Kickapoo, and Tonkawa tribes whereby, if +the agreements are ratified by Congress, over 800,000 additional acres +will be opened to settlement in Oklahoma. + +The negotiations for the release by the Cherokees of their claim to +the Cherokee Strip have made no substantial progress so far as the +Department is officially advised, but it is still hoped that the cession +of this large and valuable tract may be secured. The price which the +commission was authorized to offer--$1.25 per acre--is, in my judgment, +when all the circumstances as to title and the character of the lands +are considered, a fair and adequate one, and should have been accepted +by the Indians. + +Since March 4, 1889, about 23,000,000 acres have been separated from +Indian reservations and added to the public domain for the use of those +who desired to secure free homes under our beneficent laws. It is +difficult to estimate the increase of wealth which will result from the +conversion of these waste lands into farms, but it is more difficult +to estimate the betterment which will result to the families that have +found renewed hope and courage in the ownership of a home and the +assurance of a comfortable subsistence under free and healthful +conditions. It is also gratifying to be able to feel, as we may, that +this work has proceeded upon lines of justice toward the Indian, and +that he may now, if he will, secure to himself the good influences of +a settled habitation, the fruits of industry, and the security of +citizenship. + +Early in this Administration a special effort was begun to bring up the +work of the General Land Office. By faithful work the arrearages have +been rapidly reduced. At the end of the last fiscal year only 84,172 +final agricultural entries remained undisposed of, and the Commissioner +reports that with the present force the work can be fully brought up by +the end of the next fiscal year. + +Your attention is called to the difficulty presented by the Secretary +of the Interior as to the administration of the law of March 3, 1891, +establishing a Court of Private Land Claims. The small holdings intended +to be protected by the law are estimated to be more than 15,000 in +number. The claimants are a most deserving class and their titles are +supported by the strongest equities. The difficulty grows out of the +fact that the lands have largely been surveyed according to our methods, +while the holdings, many of which have been in the same family for +generations, are laid out in narrow strips a few rods wide upon a stream +and running back to the hills for pasturage and timber. Provision should +be made for numbering these tracts as lots and for patenting them by +such numbers and without reference to section lines. + +The administration of the Pension Bureau has been characterized during +the year by great diligence. The total number of pensioners upon the +roll on the 30th day of June, 1891, was 676,160. There were allowed +during the fiscal year ending at that time 250,565 cases. Of this number +102,387 were allowed under the law of June 27, 1890. The issuing of +certificates has been proceeding at the rate of about 30,000 per month, +about 75 per cent of these being cases under the new law. The +Commissioner expresses the opinion that he will be able to carefully +adjudicate and allow 350,000 claims during the present fiscal year. The +appropriation for the payment of pensions for the fiscal year 1890-91 +was $127,685,793.89 and the amount expended $118,530,649.25, leaving an +unexpended surplus of $9,155,144.64. + +The Commissioner is quite confident that there will be no call this year +for a deficiency appropriation, notwithstanding the rapidity with which +the work is being pushed. The mistake which has been made by many in +their exaggerated estimates of the cost of pensions is in not taking +account of the diminished value of first payments under the recent +legislation. These payments under the general law have been for many +years very large, as the pensions when allowed dated from the time of +filing the claim, and most of these claims had been pending for years. +The first payments under the law of June, 1890, are relatively small, +and as the per cent of these cases increases and that of the old cases +diminishes the annual aggregate of first payments is largely reduced. +The Commissioner, under date of November 13, furnishes me with the +statement that during the last four months 113,175 certificates were +issued, 27,893 under the general law and 85,282 under the act of June +27, 1890. The average first payment during these four months was +$131.85, while the average first payment upon cases allowed during the +year ending June 30, 1891, was $239.33, being a reduction in the average +first payments during these four months of $107.48. + +The estimate for pension expenditures for the fiscal year ending June +30, 1893, is $144,956,000, which, after a careful examination of the +subject, the Commissioner is of the opinion will be sufficient. While +these disbursements to the disabled soldiers of the great Civil War are +large, they do not realize the exaggerated estimates of those who oppose +this beneficent legislation. The Secretary of the Interior shows with +great fullness the care that is taken to exclude fraudulent claims, and +also the gratifying fact that the persons to whom these pensions are +going are men who rendered not slight but substantial war service. + +The report of the Commissioner of Railroads shows that the total debt of +the subsidized railroads to the United States was on December 31, 1890, +$112,512,613.06. A large part of this debt is now fast approaching +maturity, with no adequate provision for its payment. Some policy for +dealing with this debt with a view to its ultimate collection should be +at once adopted. It is very difficult, well-nigh impossible, for so +large a body as the Congress to conduct the necessary negotiations and +investigations. I therefore recommend that provision be made for the +appointment of a commission to agree upon and report a plan for dealing +with this debt. + +The work of the Census Bureau is now far in advance and the great bulk +of the enormous labor involved completed. It will be more strictly a +statistical exhibit and less encumbered by essays than its immediate +predecessors. The methods pursued have been fair, careful, and +intelligent, and have secured the approval of the statisticians who +have followed them with a scientific and nonpartisan interest. The +appropriations necessary to the early completion and publication of the +authorized volumes should be given in time to secure against delays, +which increase the cost and at the same time diminish the value of +the work. + +The report of the Secretary exhibits with interesting fullness the +condition of the Territories. They have shared with the States the great +increase in farm products, and are bringing yearly large areas into +cultivation by extending their irrigating canals. This work is being +done by individuals or local corporations and without that system which +a full preliminary survey of the water supply and of the irrigable lands +would enable them to adopt. The future of the Territories of New Mexico, +Arizona, and Utah in their material growth and in the increase, +independence, and happiness of their people is very largely dependent +upon wise and timely legislation, either by Congress or their own +legislatures, regulating the distribution of the water supply furnished +by their streams. If this matter is much longer neglected, private +corporations will have unrestricted control of one of the elements of +life and the patentees of the arid lands will be tenants at will of the +water companies. + +The United States should part with its ownership of the water sources +and the sites for reservoirs, whether to the States and Territories or +to individuals or corporations, only upon conditions that will insure to +the settlers their proper water supply upon equal and reasonable terms. +In the Territories this whole subject is under the full control of +Congress, and in the States it is practically so as long as the +Government holds the title to the reservoir sites and water sources +and can grant them upon such conditions as it chooses to impose. The +improvident granting of franchises of enormous value without recompense +to the State or municipality from which they proceed and without proper +protection of the public interests is the most noticeable and flagrant +evil of modern legislation. This fault should not be committed in +dealing with a subject that will before many years affect so vitally +thousands of our people. + +The legislation of Congress for the repression of polygamy has, after +years of resistance on the part of the Mormons, at last brought them to +the conclusion that resistance is unprofitable and unavailing. The power +of Congress over this subject should not be surrendered until we have +satisfactory evidence that the people of the State to be created would +exercise the exclusive power of the State over this subject in the same +way. The question is not whether these people now obey the laws of +Congress against polygamy, but rather would they make, enforce, and +maintain such laws themselves if absolutely free to regulate the +subject? We can not afford to experiment with this subject, for +when a State is once constituted the act is final and any mistake +irretrievable. No compact in the enabling act could, in my opinion, +be binding or effective. + +I recommend that provision be made for the organization of a simple form +of town government in Alaska, with power to regulate such matters as +are usually in the States under municipal control. These local civil +organizations will give better protection in some matters than the +present skeleton Territorial organization. Proper restrictions as to +the power to levy taxes and to create debt should be imposed. + +If the establishment of the Department of Agriculture was regarded by +anyone as a mere concession to the unenlightened demand of a worthy +class of people, that impression has been most effectually removed by +the great results already attained. Its home influence has been very +great in disseminating agricultural and horticultural information, +in stimulating and directing a further diversification of crops, in +detecting and eradicating diseases of domestic animals, and, more than +all, in the close and informal contact which it has established and +maintains with the farmers and stock raisers of the whole country. Every +request for information has had prompt attention and every suggestion +merited consideration. The scientific corps of the Department is of a +high order and is pushing its investigations with method and enthusiasm. + +The inspection by this Department of cattle and pork products intended +for shipment abroad has been the basis of the success which has attended +our efforts to secure the removal of the restrictions maintained by the +European Governments. + +For ten years protests and petitions upon this subject from the packers +and stock raisers of the United States have been directed against these +restrictions, which so seriously limited our markets and curtailed the +profits of the farm. It is a source of general congratulation that +success has at last been attained, for the effects of an enlarged +foreign market for these meats will be felt not only by the farmer, but +in our public finances and in every branch of trade. It is particularly +fortunate that the increased demand for food products resulting from the +removal of the restrictions upon our meats and from the reciprocal trade +arrangements to which I have referred should have come at a time when +the agricultural surplus is so large. Without the help thus derived +lower prices would have prevailed. The Secretary of Agriculture +estimates that the restrictions upon the importation of our pork +products into Europe lost us a market for $20,000,000 worth of these +products annually. + +The grain crop of this year was the largest in our history--50 per cent +greater than that of last year--and yet the new markets that have been +opened and the larger demand resulting from short crops in Europe have +sustained prices to such an extent that the enormous surplus of meats +and breadstuffs will be marketed at good prices, bringing relief and +prosperity to an industry that was much depressed. The value of the +grain crop of the United States is estimated by the Secretary to be +this year $500,000,000 more than last; of meats $150,000,000 more, and +of all products of the farm $700,000,000 more. It is not inappropriate, +I think, here to suggest that our satisfaction in the contemplation of +this marvelous addition to the national wealth is unclouded by any +suspicion of the currency by which it is measured and in which the +farmer is paid for the products of his fields. + +The report of the Civil Service Commission should receive the careful +attention of the opponents as well as the friends of this reform. The +Commission invites a personal inspection by Senators and Representatives +of its records and methods, and every fair critic will feel that such +an examination should precede a judgment of condemnation either of the +system or its administration. It is not claimed that either is perfect, +but I believe that the law is being executed with impartiality and that +the system is incomparably better and fairer than that of appointments +upon favor. I have during the year extended the classified service to +include superintendents, teachers, matrons, and physicians in the Indian +service. This branch of the service is largely related to educational +and philanthropic work and will obviously be the better for the change. + +The heads of the several Executive Departments have been directed to +establish at once an efficiency record as the basis of a comparative +rating of the clerks within the classified service, with a view to +placing promotions therein upon the basis of merit. I am confident +that such a record, fairly kept and open to the inspection of those +interested, will powerfully stimulate the work of the Departments and +will be accepted by all as placing the troublesome matter of promotions +upon a just basis. + +I recommend that the appropriation for the Civil Service Commission be +made adequate to the increased work of the next fiscal year. + +I have twice before urgently called the attention of Congress to the +necessity of legislation for the protection of the lives of railroad +employees, but nothing has yet been done. During the year ending June +30, 1890, 369 brakemen were killed and 7,841 maimed while engaged in +coupling cars. The total number of railroad employees killed during +the year was 2,451 and the number injured 22,390. This is a cruel and +largely needless sacrifice. The Government is spending nearly $1,000,000 +annually to save the lives of shipwrecked seamen; every steam vessel +is rigidly inspected and required to adopt the most approved safety +appliances. All this is good. But how shall we excuse the lack of +interest and effort in behalf of this army of brave young men who in our +land commerce are being sacrificed every year by the continued use of +antiquated and dangerous appliances? A law requiring of every railroad +engaged in interstate commerce the equipment each year of a given per +cent of its freight cars with automatic couplers and air brakes would +compel an agreement between the roads as to the kind of brakes and +couplers to be used, and would very soon and very greatly reduce the +present fearful death rate among railroad employees. + +The method of appointment by the States of electors of President and +Vice-President has recently attracted renewed interest by reason of a +departure by the State of Michigan from the method which had become +uniform in all the States. Prior to 1832 various methods had been +used by the different States, and even by the same State. In some the +choice was made by the legislature; in others electors were chosen by +districts, but more generally by the voters of the whole State upon a +general ticket. The movement toward the adoption of the last-named +method had an early beginning and went steadily forward among the States +until in 1832 there remained but a single State (South Carolina) that +had not adopted it. That State until the Civil War continued to choose +its electors by a vote of the legislature, but after the war changed its +method and conformed to the practice of the other States. For nearly +sixty years all the States save one have appointed their electors by +a popular vote upon a general ticket, and for nearly thirty years this +method was universal. + +After a full test of other methods, without important division or +dissent in any State and without any purpose of party advantage, as +we must believe, but solely upon the considerations that uniformity +was desirable and that a general election in territorial divisions not +subject to change was most consistent with the popular character of our +institutions, best preserved the equality of the voters, and perfectly +removed the choice of President from the baneful influence of the +"gerrymander," the practice of all the States was brought into harmony. +That this concurrence should now be broken is, I think, an unfortunate +and even a threatening episode, and one that may well suggest whether +the States that still give their approval to the old and prevailing +method ought not to secure by a constitutional amendment a practice +which has had the approval of all. The recent Michigan legislation +provides for choosing what are popularly known as the Congressional +electors for President by Congressional districts and the two Senatorial +electors by districts created for that purpose. This legislation was, of +course, accompanied by a new Congressional apportionment, and the two +statutes bring the electoral vote of the State under the influence of +the "gerrymander." + +These gerrymanders for Congressional purposes are in most cases +buttressed by a gerrymander of the legislative districts, thus making it +impossible for a majority of the legal voters of the State to correct +the apportionment and equalize the Congressional districts. A minority +rule is established that only a political convulsion can overthrow. I +have recently been advised that in one county of a certain State three +districts for the election of members of the legislature are constituted +as follows: One has 65,000 population, one 15,000, and one 10,000, while +in another county detached, noncontiguous sections have been united to +make a legislative district. These methods have already found effective +application to the choice of Senators and Representatives in Congress, +and now an evil start has been made in the direction of applying them to +the choice by the States of electors of President and Vice-President. If +this is accomplished, we shall then have the three great departments of +the Government in the grasp of the "gerrymander," the legislative and +executive directly and the judiciary indirectly through the power of +appointment. + +An election implies a body of electors having prescribed qualifications, +each one of whom has an equal value and influence in determining the +result. So when the Constitution provides that "each State shall +appoint" (elect), "in such manner as the legislature thereof may direct, +a number of electors," etc., an unrestricted power was not given to the +legislatures in the selection of the methods to be used. "A republican +form of government" is guaranteed by the Constitution to each State, and +the power given by the same instrument to the legislatures of the States +to prescribe methods for the choice by the State of electors must be +exercised under that limitation. The essential features of such a +government are the right of the people to choose their own officers and +the nearest practicable equality of value in the suffrages given in +determining that choice. + +It will not be claimed that the power given to the legislature would +support a law providing that the persons receiving the smallest vote +should be the electors or a law that all the electors should be chosen +by the voters of a single Congressional district. The State is to +choose, and under the pretense of regulating methods the legislature +can neither vest the right of choice elsewhere nor adopt methods not +conformable to republican institutions. It is not my purpose here to +discuss the question whether a choice by the legislature or by the +voters of equal single districts is a choice by the State, but only to +recommend such regulation of this matter by constitutional amendment as +will secure uniformity and prevent that disgraceful partisan jugglery +to which such a liberty of choice, if it exists, offers a temptation. + +Nothing just now is more important than to provide every guaranty for +the absolutely fair and free choice by an equal suffrage within the +respective States of all the officers of the National Government, +whether that suffrage is applied directly, as in the choice of members +of the House of Representatives, or indirectly, as in the choice of +Senators and electors of President. Respect for public officers and +obedience to law will not cease to be the characteristics of our people +until our elections cease to declare the will of majorities fairly +ascertained without fraud, suppression, or gerrymander. If I were +called upon to declare wherein our chief national danger lies, I should +say without hesitation in the overthrow of majority control by the +suppression or perversion of the popular suffrage. That there is a real +danger here all must agree; but the energies of those who see it have +been chiefly expended in trying to fix responsibility upon the opposite +party rather than in efforts to make such practices impossible by either +party. + +Is it not possible now to adjourn that interminable and inconclusive +debate while we take by consent one step in the direction of reform by +eliminating the gerrymander, which has been denounced by all parties as +an influence in the selection of electors of President and members of +Congress? All the States have, acting freely and separately, determined +that the choice of electors by a general ticket is the wisest and +safest method, and it would seem there could be no objection to a +constitutional amendment making that method permanent. If a legislature +chosen in one year upon purely local questions should, pending a +Presidential contest, meet, rescind the law for a choice upon a general +ticket, and provide for the choice of electors by the legislature, and +this trick should determine the result, it is not too much to say that +the public peace might be seriously and widely endangered. + +I have alluded to the "gerrymander" as affecting the method of selecting +electors of President by Congressional districts, but the primary intent +and effect of this form of political robbery have relation to the +selection of members of the House of Representatives. The power of +Congress is ample to deal with this threatening and intolerable abuse. +The unfailing test of sincerity in election reform will be found in a +willingness to confer as to remedies and to put into force such measures +as will most effectually preserve the right of the people to free and +equal representation. + +An attempt was made in the last Congress to bring to bear the +constitutional powers of the General Government for the correction +of fraud against the suffrage. It is important to know whether the +opposition to such measures is really rested in particular features +supposed to be objectionable or includes any proposition to give to +the election laws of the United States adequacy to the correction +of grave and acknowledged evils. I must yet entertain the hope that +it is possible to secure a calm, patriotic consideration of such +constitutional or statutory changes as may be necessary to secure +the choice of the officers of the Government to the people by fair +apportionments and free elections. + +I believe it would be possible to constitute a commission, nonpartisan +in its membership and composed of patriotic, wise, and impartial men, +to whom a consideration of the question of the evils connected with our +election system and methods might be committed with a good prospect of +securing unanimity in some plan for removing or mitigating those evils. +The Constitution would permit the selection of the commission to be +vested in the Supreme Court if that method would give the best guaranty +of impartiality. This commission should be charged with the duty of +inquiring into the whole subject of the law of elections as related +to the choice of officers of the National Government, with a view to +securing to every elector a free and unmolested exercise of the suffrage +and as near an approach to an equality of value in each ballot cast as +is attainable. + +While the policies of the General Government upon the tariff, upon the +restoration of our merchant marine, upon river and harbor improvements, +and other such matters of grave and general concern are liable to be +turned this way or that by the results of Congressional elections and +administrative policies, sometimes involving issues that tend to peace +or war, to be turned this way or that by the results of a Presidential +election, there is a rightful interest in all the States and in every +Congressional district that will not be deceived or silenced by the +audacious pretense that the question of the right of any body of legal +voters in any State or in any Congressional district to give their +suffrages freely upon these general questions is a matter only of local +concern or control. The demand that the limitations of suffrage shall +be found in the law, and only there, is a just demand, and no just man +should resent or resist it. My appeal is and must continue to be for +a consultation that shall "proceed with candor, calmness, and patience +upon the lines of justice and humanity, not of prejudice and cruelty." + +To the consideration of these very grave questions I invite not only the +attention of Congress, but that of all patriotic citizens. We must not +entertain the delusion that our people have ceased to regard a free +ballot and equal representation as the price of their allegiance to +laws and to civil magistrates. + +I have been greatly rejoiced to notice many evidences of the increased +unification of our people and of a revived national spirit. The vista +that now opens to us is wider and more glorious than ever before. +Gratification and amazement struggle for supremacy as we contemplate +the population, wealth, and moral strength of our country. A trust +momentous in its influence upon our people and upon the world is for +a brief time committed to us, and we must not be faithless to its first +condition--the defense of the free and equal influence of the people in +the choice of public officers and in the control of public affairs. + +BENJ. HARRISON. + +[Footnote 22: See pp. 59-60.] + +[Footnote 23: See p. 127.] + + + + +SPECIAL MESSAGES. + + +EXECUTIVE MANSION, _December 16, 1891_. + +_To the Senate and House of Representatives_: + +I transmit herewith, for your information, a letter from the Secretary +of State, inclosing the first annual report and copies of the bulletins +of the Bureau of the American Republics. + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _December 23, 1891_. + +_To the Senate and House of Representatives_: + +I transmit herewith the report of the board appointed by me under a +clause in the District of Columbia appropriation act approved August 6, +1890, "to consider the location, arrangement, and operation of electric +wires in the District of Columbia," etc., to which the attention of +Congress is respectfully invited. + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _December 23, 1891_. + +_To the Senate and House of Representatives_: + +My attention having been called to the necessity of bringing about a +uniform usage and spelling of geographic names in the publications of +the Government, the following Executive order was issued on the 4th day +of September, 1890: + + As it is desirable that uniform usage in regard to geographic + nomenclature and orthography obtain throughout the Executive + Departments of the Government, and particularly upon the maps and + charts issued by the various Departments and bureaus, I hereby + constitute a Board on Geographic Names and designate the following + persons, who have heretofore cooperated for a similar purpose under + the authority of the several Departments, bureaus, and institutions + with which they are connected, as members of said board: + + Professor Thomas C. Mendenhall, United States Coast and Geodetic + Survey, chairman. + + Andrew H. Allen, Department of State. + + Captain Henry L. Howison, Light-House Board, Treasury Department. + + Captain Thomas Turtle, Engineer Corps, War Department. + + Lieutenant Richardson Clover, Hydrographic Office, Navy Department. + + Pierson H. Bristow, Post-Office Department. + + Otis T. Mason, Smithsonian Institution. + + Herbert G. Ogden, United States Coast and Geodetic Survey. + + Henry Gannett, United States Geological Survey. + + Marcus Baker, United States Geological Survey. + + To this board shall be referred all unsettled questions concerning + geographic names which arise in the Departments, and the decisions + of the board are to be accepted by these Departments as the standard + authority in such matters. + + Department officers are instructed to afford such assistance as may be + proper to carry on the work of this board. + + The members of this board shall serve without additional compensation + and its organization shall entail no expense on the Government. + + +The report of the board thus constituted has been submitted to me, and +is herewith transmitted for the information of Congress and with a view +to its publication in suitable form if such action is deemed by Congress +to be desirable. + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _January 5, 1892_. + +_To the Senate and House of Representatives_: + +The famine prevailing in some of the Provinces of Russia is so severe +and widespread as to have attracted the sympathetic interest of a +large number of our liberal and favored people. In some of the great +grain-producing States of the West movements have already been organized +to collect flour and meal for the relief of these perishing Russian +families, and the response has been such as to justify the belief that +a ship's cargo can very soon be delivered at the seaboard through the +generous cooperation of the transportation lines. It is most appropriate +that a people whose storehouses have been so lavishly filled with all +the fruits of the earth by the gracious favor of God should manifest +their gratitude by large gifts to His suffering children in other lands. + +The Secretary of the Navy has no steam vessel at his disposal that +could be used for the transportation of these supplies, and I therefore +recommend that he be authorized to charter a suitable vessel to receive +them if a sufficient amount should be offered, and to send them under +the charge of a naval officer to such Russian port as may be most +convenient for ready distribution to those most in need. + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _January 6, 1892_. + +_To the Senate and House of Representatives_: + +I transmit herewith, for the consideration of Congress, a communication +of the 4th instant from the Secretary of the Interior, accompanied by +an agreement concluded by and between the Cherokee Commission and the +Wichita and affiliated bands of Indians in the Territory of Oklahoma, +for the cession of certain lands and for other purposes. + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _January 6, 1892_. + +_To the Senate and House of Representatives_: + +I transmit herewith, for the consideration of Congress, a communication +of the 4th instant from the Secretary of the Interior, submitting the +agreement entered into between the Indians of the Colville Reservation, +in the State of Washington, and the commissioners appointed under the +provisions of the act of August 19, 1890, to negotiate with them for +the cession of such portion of said reservation as said Indians may be +willing to dispose of, that the same may be opened to white settlement. + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _January 6, 1892_. + +_To the Senate and House of Representatives_: + +I transmit herewith, for the consideration of Congress, a communication +of the 4th instant from the Secretary of the Interior, accompanied by an +agreement concluded by the Cherokee Commission with the Tonkawa Indians +in Oklahoma Territory, for the cession of all their right, title, claim, +and interest of every kind and character in and to the lands occupied by +them in said Territory, and for other purposes. + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _January 11, 1892_. + +_To the Senate and House of Representatives_: + +I transmit herewith, for the consideration of Congress, a communication +of the 8th instant from the Secretary of the Interior, submitting the +agreements concluded by and between the Cherokee Commission and the +Kickapoo tribe of Indians in the Territory of Oklahoma, for the cession +of certain lands and for other purposes. + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _January 11, 1892_. + +_To the Senate and House of Representatives_: + +I transmit herewith, for the consideration of Congress, a communication +of the 4th instant from the Secretary of the Interior, submitting the +agreement entered into between the Indians of the Pyramid Lake +Reservation and the commission appointed under the provisions of the +Indian appropriation act of March 3, 1891, for the cession and +relinquishment of the southern portion of their reservation in the State +of Nevada. + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _January 11 1892_. + +_To the Senate and House of Representatives_: + +I transmit herewith, for the consideration of Congress, a communication +of the 4th instant from the Secretary of the Interior, submitting the +agreement entered into between the Shoshone and Arapahoe Indians of the +Shoshone or Wind River Reservation, in the State of Wyoming, and the +commission appointed under the provisions of the Indian appropriation +act of March 3, 1891, for the cession and relinquishment of a portion +of their said reservation. + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _Washington, January 18, 1892_. + +_To the Senate of the United States_: + +I transmit herewith to the Senate a report of the Secretary of State, +in answer to the resolution of the Senate of the 12th instant, making +inquiries regarding payments of the awards of the claims commission +under the convention of July 4, 1868, between the United States and +Mexico. + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _January 19, 1892_. + +_To the Senate and House of Representatives_: + +I transmit herewith a letter of the Secretary of the Navy, accompanied +by the report of the commission appointed by me by virtue of a provision +in the naval appropriation act approved June 30, 1890, "to select a +suitable site, having due regard to commercial and naval interests, for +a dry dock at some point on the shores of the Gulf of Mexico or the +waters connected therewith." + +The Secretary of the Navy approves the recommendations of the +commission, and they are respectfully submitted for the consideration +of the Congress. + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _January 25, 1892_. + +_To the Senate and House of Representatives_: + +In my annual message delivered to Congress at the beginning of the +present session, after a brief statement of the facts then in the +possession of this Government touching the assault in the streets of +Valparaiso, Chile, upon the sailors of the United States steamship +_Baltimore_ on the evening of the 16th of October last, I said: + + This Government is now awaiting the result of an investigation which + has been conducted by the criminal court at Valparaiso. It is reported + unofficially that the investigation is about completed, and it is + expected that the result will soon be communicated to this Government, + together with some adequate and satisfactory response to the note by + which the attention of Chile was called to this incident. If these + just expectations should be disappointed or further needless delay + intervene, I will by a special message bring this matter again to the + attention of Congress for such action as may be necessary. + + +In my opinion the time has now come when I should lay before the +Congress and the country the correspondence between this Government +and the Government of Chile from the time of the breaking out of the +revolution against Balmaceda, together with all other facts in the +possession of the executive department relating to this matter. The +diplomatic correspondence is herewith transmitted, together with some +correspondence between the naval officers for the time in command in +Chilean waters and the Secretary of the Navy, and also the evidence +taken at the Mare Island Navy-Yard since the arrival of the _Baltimore_ +at San Francisco. I do not deem it necessary in this communication to +attempt any full analysis of the correspondence or of the evidence. +A brief restatement of the international questions involved and of the +reasons why the responses of the Chilean Government are unsatisfactory +is all that I deem necessary. + +It may be well at the outset to say that whatever may have been said +in this country or in Chile in criticism of Mr. Egan, our minister at +Santiago, the true history of this exciting period in Chilean affairs +from the outbreak of the revolution until this time discloses no act on +the part of Mr. Egan unworthy of his position or that could justly be +the occasion of serious animadversion or criticism. He has, I think, +on the whole borne himself in very trying circumstances with dignity, +discretion, and courage, and has conducted the correspondence with +ability, courtesy, and fairness. + +It is worth while also at the beginning to say that the right of +Mr. Egan to give shelter in the legation to certain adherents of the +Balmaceda Government who applied to him for asylum has not been denied +by the Chilean authorities, nor has any demand been made for the +surrender of these refugees. That there was urgent need of asylum is +shown by Mr. Egan's note of August 24, 1891, describing the disorders +that prevailed in Santiago, and by the evidence of Captain Schley +as to the pillage and violence that prevailed at Valparaiso. The +correspondence discloses, however, that the request of Mr. Egan for a +safe conduct from the country in behalf of these refugees was denied. +The precedents cited by him in the correspondence, particularly the case +of the revolution in Peru in 1865, did not leave the Chilean Government +in a position to deny the right of asylum to political refugees, and +seemed very clearly to support Mr. Egan's contention that a safe conduct +to neutral territory was a necessary and acknowledged incident of the +asylum. These refugees have very recently, without formal safe conduct, +but by the acquiescence of the Chilean authorities, been placed on +board the _Yorktown_, and are now being conveyed to Callao, Peru. +This incident might be considered wholly closed but for the disrespect +manifested toward this Government by the close and offensive police +surveillance of the legation premises which was maintained during most +of the period of the stay of the refugees therein. After the date of my +annual message, and up to the time of the transfer of the refugees to +the _Yorktown_, the legation premises seemed to have been surrounded by +police in uniform and police agents or detectives in citizen's dress, +who offensively scrutinized persons entering or leaving the legation, +and on one or more occasions arrested members of the minister's family. +Commander Evans, who by my direction recently visited Mr. Egan at +Santiago, in his telegram to the Navy Department described the legation +as "a veritable prison," and states that the police agents or detectives +were after his arrival withdrawn during his stay. It appears further +from the note of Mr. Egan of November 20, 1891, that on one occasion at +least these police agents, whom he declares to be known to him, invaded +the legation premises, pounding upon its windows and using insulting and +threatening language toward persons therein. This breach of the right +of a minister to freedom from police espionage and restraint seems to +have been so flagrant that the Argentine minister, who was dean of +the diplomatic corps, having observed it, felt called upon to protest +against it to the Chilean minister of foreign affairs. The Chilean +authorities have, as will be observed from the correspondence, charged +the refugees and the inmates of the legation with insulting the police; +but it seems to me incredible that men whose lives were in jeopardy and +whose safety could only be secured by retirement and quietness should +have sought to provoke a collision, which could only end in their +destruction, or to aggravate their condition by intensifying a popular +feeling that at one time so threatened the legation as to require Mr. +Egan to appeal to the minister of foreign affairs. + +But the most serious incident disclosed by the correspondence is that +of the attack upon the sailors of the _Baltimore_ in the streets of +Valparaiso on the 16th of October last. In my annual message, speaking +upon the information then in my possession, I said: + + So far as I have yet been able to learn, no other explanation of this + bloody work has been suggested than that it had its origin in hostility + to those men as sailors of the United States, wearing the uniform of + their Government, and not in any individual act or personal animosity. + + +We have now received from the Chilean Government an abstract of the +conclusions of the fiscal general upon the testimony taken by the judge +of crimes in an investigation which was made to extend over nearly three +months. I very much regret to be compelled to say that this report does +not enable me to modify the conclusion announced in my annual message. +I am still of the opinion that our sailors were assaulted, beaten, +stabbed, and killed not for anything they or any one of them had done, +but for what the Government of the United States had done or was charged +with having done by its civil officers and naval commanders. If that be +the true aspect of the case, the injury was to the Government of the +United States, not to these poor sailors who were assaulted in a manner +so brutal and so cowardly. + +Before attempting to give an outline of the facts upon which this +conclusion rests I think it right to say a word or two upon the legal +aspect of the case. The _Baltimore_ was in the harbor of Valparaiso by +virtue of that general invitation which nations are held to extend to +the war vessels of other powers with which they have friendly relations. +This invitation, I think, must be held ordinarily to embrace the +privilege of such communication with the shore as is reasonable, +necessary, and proper for the comfort and convenience of the officers +and men of such vessels. Captain Schley testifies that when his vessel +returned to Valparaiso on September 14 the city officers, as is +customary, extended the hospitalities of the city to his officers and +crew. It is not claimed that every personal collision or injury in which +a sailor or officer of such naval vessel visiting the shore may be +involved raises an international question, but I am clearly of the +opinion that where such sailors or officers are assaulted by a resident +populace, animated by hostility to the government whose uniform these +sailors and officers wear and in resentment of acts done by their +government, not by them, their nation must take notice of the event +as one involving an infraction of its rights and dignity, not in a +secondary way, as where a citizen is injured and presents his claim +through his own government, but in a primary way, precisely as if its +minister or consul or the flag itself had been the object of the same +character of assault. + +The officers and sailors of the _Baltimore_ were in the harbor of +Valparaiso under the orders of their Government, not by their own +choice. They were upon the shore by the implied invitation of the +Government of Chile and with the approval of their commanding officer; +and it does not distinguish their case from that of a consul that his +stay is more permanent or that he holds the express invitation of the +local government to justify his longer residence. Nor does it affect +the question that the injury was the act of a mob. If there had been +no participation by the police or military in this cruel work and no +neglect on their part to extend protection, the case would still be one, +in my opinion, when its extent and character are considered, involving +international rights. The incidents of the affair are briefly as +follows: + +On the 16th of October last Captain Schley, commanding the United States +steamship _Baltimore_, gave shore leave to 117 petty officers and +sailors of his ship. These men left the ship about 1.30 p.m. No incident +of violence occurred, none of our men were arrested, no complaint was +lodged against them, nor did any collision or outbreak occur until about +6 o'clock p.m. Captain Schley states that he was himself on shore and +about the streets of the city until 5.30 p.m.; that he met very many of +his men who were upon leave; that they were sober and were conducting +themselves with propriety, saluting Chilean and other officers as they +met them. Other officers of the ship and Captain Jenkins, of the +merchant ship _Keweenaw_, corroborate Captain Schley as to the general +sobriety and good behavior of our men. The Sisters of Charity at the +hospital to which our wounded men were taken when inquired of stated +that they were sober when received. If the situation had been otherwise, +we must believe that the Chilean police authorities would have made +arrests. About 6 p.m. the assault began, and it is remarkable that the +investigation by the judge of crimes, though so protracted, does not +enable him to give any more satisfactory account of its origin than is +found in the statement that it began between drunken sailors. Repeatedly +in the correspondence it is asserted that it was impossible to learn +the precise cause of the riot. The minister of foreign affairs, Matta, +in his telegram to Mr. Montt under date December 31, states that the +quarrel began between two sailors in a tavern and was continued in the +street, persons who were passing joining in it. + +The testimony of Talbot, an apprentice, who was with Riggin, is that +the outbreak in which they were involved began by a Chilean sailor's +spitting in the face of Talbot, which was resented by a knockdown. It +appears that Riggin and Talbot were at the time unaccompanied by others +of their shipmates. These two men were immediately beset by a crowd of +Chilean citizens and sailors, through which they broke their way to a +street car, and entered it for safety. They were pursued, driven from +the car, and Riggin was so seriously beaten that he fell in the street +apparently dead. There is nothing in the report of the Chilean +investigation made to us that seriously impeaches this testimony. It +appears from Chilean sources that almost instantly, with a suddenness +that strongly implies meditation and preparation, a mob, stated by the +police authorities at one time to number 2,000 and at another 1,000, +was engaged in the assault upon our sailors, who are represented as +resisting "with stones, clubs, and bright arms." The report of the +_intendente_ of October 30 states that the fight began at 6 p.m. in +three streets, which are named; that information was received at the +_intendencia_ at 6.15, and that the police arrived on the scene at 6.30, +a full half hour after the assault began. At that time he says that a +mob of 2,000 men had collected, and that for several squares there was +the appearance of a "real battlefield." + +The scene at this point is very graphically set before us by the Chilean +testimony. The American sailors, who after so long an examination have +not been found guilty of any breach of the peace so far as the Chilean +authorities are able to discover, unarmed and defenseless, are fleeing +for their lives, pursued by overwhelming numbers, and fighting only to +aid their own escape from death or to succor some mate whose life is in +greater peril. Eighteen of them are brutally stabbed and beaten, while +one Chilean seems from the report to have suffered some injury, but how +serious or with what character of weapon, or whether by a missile thrown +by our men or by some of his fellow-rioters, is unascertained. + +The pretense that our men were fighting "with stones, clubs, and bright +arms" is in view of these facts incredible. It is further refuted by the +fact that our prisoners when searched were absolutely without arms, only +seven penknives being found in the possession of the men arrested, while +there were received by our men more than thirty stab wounds, every one +of which was inflicted in the back, and almost every contused wound was +in the back or back of the head; The evidence of the ship's officer of +the day is that even the jackknives of the men were taken from them +before leaving the ship. + +As to the brutal nature of the treatment received by our men, the +following extract from the account given of the affair by the La Patria +newspaper, of Valparaiso, of October 17, can not be regarded as too +friendly: + + The Yankees, as soon as their pursuers gave chase, went by way of the + Calle del Arsenal toward the city car station. In the presence of an + ordinary number of citizens, among whom were some sailors, the North + Americans took seats in the street car to escape from the stones which + the Chileans threw at them. It was believed for an instant that the + North Americans had saved themselves from popular fury, but such was + not the case. Scarcely had the car begun to move when a crowd gathered + around and stopped its progress. Under these circumstances and without + any cessation of the howling and throwing of stones at the North + Americans, the conductor entered the car, and, seeing the risk of the + situation to the vehicle, ordered them to get out. At the instant the + sailors left the car, in the midst of a hail of stones, the said + conductor received a stone blow on the head. One of the Yankee sailors + managed to escape in the direction of the Plaza Wheelright, but the + other was felled to the ground by a stone. Managing to raise himself + from the ground where he lay, he staggered in an opposite direction + from the station. In front of the house of Senor Mazzini he was again + wounded, falling then senseless and breathless. + + +No amount of evasion or subterfuge is able to cloud our clear vision +of this brutal work. It should be noticed in this connection that the +American sailors arrested, after an examination, were during the four +days following the arrest every one discharged, no charge of any breach +of the peace or other criminal conduct having been sustained against +a single one of them. The judge of crimes, Foster, in a note to the +_intendente_ under date of October 22, before the dispatch from this +Government of the following day, which aroused the authorities of Chile +to a better sense of the gravity of the affair, says: + + Having presided temporarily over this court in regard to the seamen of + the United States cruiser _Baltimore_, who have been tried on account + of the deplorable conduct which took place, etc. + + +The noticeable point here is that our sailors had been tried before +the 22d of October, and that the trial resulted in their acquittal and +return to their vessel. It is quite remarkable and quite characteristic +of the management of this affair by the Chilean police authorities that +we should now be advised that Seaman Davidson, of the _Baltimore_, has +been included in the indictment, his offense being, so far as I have +been able to ascertain, that he attempted to defend a shipmate against +an assailant who was striking at him with a knife. The perfect +vindication of our men is furnished by this report. One only is found +to have been guilty of criminal fault, and that for an act clearly +justifiable. + +As to the part taken by the police in the affair, the case made by Chile +is also far from satisfactory. The point where Riggin was killed is only +three minutes' walk from the police station, and not more than twice +that distance from the _intendencia_; and yet according to their +official report a full half hour elapsed after the assault began before +the police were upon the ground. It has been stated that all but two of +our men have said that the police did their duty. The evidence taken at +Mare Island shows that if such a statement was procured from our men it +was accomplished by requiring them to sign a writing in a language they +did not understand and by the representation that it was a mere +declaration that they had taken no part in the disturbance. Lieutenant +McCrea, who acted as interpreter, says in his evidence that when our +sailors were examined before the court the subject of the conduct of the +police was so carefully avoided that he reported the fact to Captain +Schley on his return, to the vessel. + +The evidences of the existence of animosity toward our sailors in +the minds of the sailors of the Chilean navy and of the populace of +Valparaiso are so abundant and various as to leave no doubt in the mind +of anyone who will examine the papers submitted. It manifested itself +in threatening and insulting gestures toward our men as they passed +the Chilean men-of-war in their boats and in the derisive and abusive +epithets with which they greeted every appearance of an American sailor +on the evening of the riot. Captain Schley reports that boats from the +Chilean war ships several times went out of their course to cross the +bows of his boats, compelling them to back water. He complained of the +discourtesy, and it was corrected. That this feeling was shared by men +of higher rank is shown by an incident related by Surgeon Stitt, of +the _Baltimore_. After the battle of Placilla he, with other medical +officers of the war vessels in the harbor, was giving voluntary +assistance to the wounded in the hospitals. The son of a Chilean army +officer of high rank was under his care, and when the father discovered +it he flew into a passion and said he would rather have his son die than +have Americans touch him, and at once had him removed from the ward. +This feeling is not well concealed in the dispatches of the foreign +office, and had quite open expression in the disrespectful treatment of +the American legation. The Chilean boatmen in the bay refused, even for +large offers of money, to return our sailors, who crowded the Mole, +to their ship when they were endeavoring to escape from the city on +the night of the assault. The market boats of the _Baltimore_ were +threatened, and even quite recently the gig of Commander Evans, of +the _Yorktown_, was stoned while waiting for him at the Mole. + +The evidence of our sailors clearly shows that the attack was expected +by the Chilean people, that threats had been made against our men, and +that in one case, somewhat early in the afternoon, the keeper of one +house into which some of our men had gone closed his establishment in +anticipation of the attack, which he advised them would be made upon +them as darkness came on. + +In a report of Captain Schley to the Navy Department he says: + + In the only interview that I had with Judge Foster, who is + investigating the case relative to the disturbance, before he was aware + of the entire gravity of the matter, he informed me that the assault + upon my men was the outcome of hatred for our people among the lower + classes because they thought we had sympathized with the Balmaceda + Government on account of the _Itata_ matter, whether with reason or + without he could of course not admit; but such he thought was the + explanation of the assault at that time. + + +Several of our men sought security from the mob by such complete or +partial changes in their dress as would conceal the fact of their being +seamen of the _Baltimore_, and found it then possible to walk the +streets without molestation. These incidents conclusively establish that +the attack was upon the uniform--the nationality--and not upon the men. + +The origin of this feeling is probably found in the refusal of this +Government to give recognition to the Congressional party before it +had established itself, in the seizure of the _Itata_ for an alleged +violation of the neutrality law, in the cable incident, and in the +charge that Admiral Brown conveyed information to Valparaiso of the +landing at Quinteros. It is not my purpose to enter here any defense of +the action of this Government in these matters. It is enough for the +present purpose to say that if there was any breach of international +comity or duty on our part it should have been made the subject of +official complaint through diplomatic channels or for reprisals for +which a full responsibility was assumed. We can not consent that these +incidents and these perversions of the truth shall be used to excite +a murderous attack upon our unoffending sailors and the Government +of Chile go aquit of responsibility. In fact, the conduct of this +Government during the war in Chile pursued those lines of international +duty which we had so strongly insisted upon on the part of other nations +when this country was in the throes of a civil conflict. We continued +the established diplomatic relations with the government in power until +it was overthrown, and promptly and cordially recognized the new +government when it was established. The good offices of this Government +were offered to bring about a peaceful adjustment, and the interposition +of Mr. Egan to mitigate severities and to shelter adherents of the +Congressional party was effective and frequent. The charge against +Admiral Brown is too base to gain credence with anyone who knows his +high personal and professional character. + +Recurring to the evidence of our sailors, I think it is shown that there +were several distinct assaults, and so nearly simultaneous as to show +that they did not spread from one point. A press summary of the report +of the fiscal shows that the evidence of the Chilean officials and +others was in conflict as to the place of origin, several places being +named by different witnesses as the locality where the first outbreak +occurred. This if correctly reported shows that there were several +distinct outbreaks, and so nearly at the same time as to cause this +confusion. The La Patria, in the same issue from which I have already +quoted, after describing the killing of Riggin and the fight which from +that point extended to the Mole, says: + + At the same time in other streets of the port the Yankee sailors fought + fiercely with the people of the town, who believed to see in them + incarnate enemies of the Chilean navy. + + +The testimony of Captain Jenkins, of the American merchant ship +_Keweenaw_, which had gone to Valparaiso for repairs, and who was a +witness of some part of the assault upon the crew of the _Baltimore_, is +strongly corroborative of the testimony of our own sailors when he says +that he saw Chilean sentries drive back a seaman seeking shelter upon +a mob that was pursuing him. The officers and men of Captain Jenkins's +ship furnish the most conclusive testimony as to the indignities which +were practiced toward Americans in Valparaiso. When American sailors, +even of merchant ships, can only secure their safety by denying their +nationality, it must be time to readjust our relations with a government +that permits such demonstrations. + +As to the participation of the police, the evidence of our sailors shows +that our men were struck and beaten by police officers before and after +arrest, and that one at least was dragged with a lasso about his neck by +a mounted policeman. That the death of Riggin was the result of a rifle +shot fired by a policeman or soldier on duty is shown directly by the +testimony of Johnson, in whose arms he was at the time, and by the +evidence of Charles Langen, an American sailor, not then a member of +the _Baltimore's_ crew, who stood close by and saw the transaction. The +Chilean authorities do not pretend to fix the responsibility of this +shot upon any particular person, but avow their inability to ascertain +who fired it further than that it was fired from a crowd. The character +of the wound as described by one of the surgeons of the _Baltimore_ +clearly supports his opinion that it was made by a rifle ball, the +orifice of exit being as much as an inch or an inch and a quarter in +width. When shot the poor fellow was unconscious and in the arms of a +comrade, who was endeavoring to carry him to a neighboring drug store +for treatment. The story of the police that in coming up the street they +passed these men and left them behind them is inconsistent with their +own statement as to the direction of their approach and with their duty +to protect them, and is clearly disproved. In fact Riggin was not behind +but in front of the advancing force, and was not standing in the crowd, +but was unconscious and supported in the arms of Johnson when he was +shot. + +The communications of the Chilean Government in relation to this +cruel and disastrous attack upon our men, as will appear from the +correspondence, have not in any degree taken the form of a manly and +satisfactory expression of regret, much less of apology. The event was +of so serious a character that if the injuries suffered by our men had +been wholly the result of an accident in a Chilean port the incident was +grave enough to have called for some public expression of sympathy and +regret from the local authorities. It is not enough to say that the +affair was lamentable, for humanity would require that expression even +if the beating and killing of our men had been justifiable. It is not +enough to say that the incident is regretted, coupled with the statement +that the affair was not of an unusual character in ports where foreign +sailors are accustomed to meet. It is not for a generous and sincere +government to seek for words of small or equivocal meaning in which +to convey to a friendly power an apology for an offense so atrocious +as this. In the case of the assault by a mob in New Orleans upon the +Spanish consulate in 1851, Mr. Webster wrote to the Spanish minister, +Mr. Calderon, that the acts complained of were "a disgraceful and +flagrant breach of duty and propriety," and that his Government "regrets +them as deeply as Minister Calderon or his Government could possibly +do;" that "these acts have caused the President great pain, and he +thinks a proper acknowledgment is due to Her Majesty's Government." +He invited the Spanish consul to return to his post, guaranteeing +protection, and offered to salute the Spanish flag if the consul should +come in a Spanish vessel. Such a treatment by the Government of Chile of +this assault would have been more creditable to the Chilean authorities, +and much less can hardly be satisfactory to a government that values its +dignity and honor. + +In our note of October 23 last, which appears in the correspondence, +after receiving the report of the board of officers appointed by Captain +Schley to investigate the affair, the Chilean Government was advised of +the aspect which it then assumed and called upon for any facts in its +possession that might tend to modify the unfavorable impressions which +our report had created. It is very clear from the correspondence that +before the receipt of this note the examination was regarded by the +police authorities as practically closed. It was, however, reopened and +protracted through a period of nearly three months. We might justly have +complained of this unreasonable delay; but in view of the fact that the +Government of Chile was still provisional, and with a disposition to be +forbearing and hopeful of a friendly termination, I have awaited the +report, which has but recently been made. + +On the 21st instant I caused to be communicated to the Government of +Chile by the American minister at Santiago the conclusions of this +Government after a full consideration of all the evidence and of every +suggestion affecting this matter, and to these conclusions I adhere. +They were stated as follows: + + First. That the assault is not relieved of the aspect which the early + information of the event gave to it, viz, that of an attack upon the + uniform of the United States Navy having its origin and motive in a + feeling of hostility to this Government, and not in any act of the + sailors or of any of them. + + Second. That the public authorities of Valparaiso flagrantly failed in + their duty to protect our men, and that some of the police and of the + Chilean soldiers and sailors were themselves guilty of unprovoked + assaults upon our sailors before and after arrest. He [the President] + thinks the preponderance of the evidence and the inherent probabilities + lead to the conclusion that Riggin was killed by the police or soldiers. + + Third. That he [the President] is therefore compelled to bring the case + back to the position taken by this Government in the note of Mr. Wharton + of October 23 last * * * and to ask for a suitable apology and for some + adequate reparation for the injury done to this Government. + + +In the same note the attention of the Chilean Government was called to +the offensive character of a note addressed by Mr. Matta, its minister +of foreign affairs, to Mr. Montt, its minister at this capital, on the +11th ultimo. This dispatch was not officially communicated to this +Government, but as Mr. Montt was directed to translate it and to give +it to the press of the country it seemed to me that it could not pass +without official notice. It was not only undiplomatic, but grossly +insulting to our naval officers and to the executive department, as it +directly imputed untruth and insincerity to the reports of the naval +officers and to the official communications made by the executive +department to Congress. It will be observed that I have notified the +Chilean Government that unless this note is at once withdrawn and an +apology as public as the offense made I will terminate diplomatic +relations. + +The request for the recall of Mr. Egan upon the ground that he was not +_persona grata_ was unaccompanied by any suggestion that could properly +be used in support of it, and I infer that the request is based upon +official acts of Mr. Egan which have received the approval of this +Government. But however that may be, I could not consent to consider +such a question until it had first been settled whether our +correspondence with Chile could be conducted upon a basis of mutual +respect. + +In submitting these papers to Congress for that grave and patriotic +consideration which the questions involved demand I desire to say that +I am of the opinion that the demands made of Chile by this Government +should be adhered to and enforced. If the dignity as well as the +prestige and influence of the United States are not to be wholly +sacrificed, we must protect those who in foreign ports display the flag +or wear the colors of this Government against insult, brutality, and +death inflicted in resentment of the acts of their Government and not +for any fault of their own. It has been my desire in every way to +cultivate friendly and intimate relations with all the Governments of +this hemisphere. We do not covet their territory. We desire their peace +and prosperity. We look for no advantage in our relations with them +except the increased exchanges of commerce upon a basis of mutual +benefit. We regret every civil contest that disturbs their peace and +paralyzes their development, and are always ready to give our good +offices for the restoration of peace. It must, however, be understood +that this Government, while exercising the utmost forbearance toward +weaker powers, will extend its strong and adequate projection to its +citizens, to its officers, and to its humblest sailor when made the +victims of wantonness and cruelty in resentment not of their personal +misconduct, but of the official acts of their Government. + +Upon information received that Patrick Shields, an Irishman and probably +a British subject, but at the time a fireman of the American steamer +_Keweenaw_, in the harbor of Valparaiso for repairs, had been subjected +to personal injuries in that city, largely by the police, I directed the +Attorney-General to cause the evidence of the officers and crew of that +vessel to be taken upon its arrival in San Francisco, and that testimony +is also herewith transmitted. The brutality and even savagery of the +treatment of this poor man by the Chilean police would be incredible if +the evidence of Shields was not supported by other direct testimony and +by the distressing condition of the man himself when he was finally able +to reach his vessel. The captain of the vessel says: + + He came back a wreck, black from his neck to his hips from beating, + weak and stupid, and is still in a kind of paralyzed condition, and has + never been able to do duty since. + + +A claim for reparation has been made in behalf of this man, for while he +was not a citizen of the United States, the doctrine long held by us, as +expressed in the consular regulations, is: + + The principles which are maintained by this Government in regard to + the protection, as distinguished from the relief, of seamen are well + settled. It is held that the circumstance that the vessel is American + is evidence that the seamen on board are such, and in every regularly + documented merchant vessel the crew will find their protection in the + flag that covers them. + + +I have as yet received no reply to our note of the 21st instant, but in +my opinion I ought not to delay longer to bring these matters to the +attention of Congress for such action as may be deemed appropriate. + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _January 25, 1892_. + +_To the Senate and House of Representatives_: + +I transmit herewith, for the consideration of Congress, a communication +of the 23d instant from the Secretary of the Interior, submitting an +extract from the report of the commission appointed under the act of +January 12, 1891, entitled "An act for the relief of the Mission Indians +in the State of California," and other papers relating to the exchange +of lands with private individuals and the purchase of certain lands and +improvements for the use and benefit of the Mission Indians, with draft +of a bill to carry into effect the recommendations of said Mission +Commission. + +I have approved the report of the Mission Commission, except as much as +relates to the purchase of lands from and exchange of lands with private +individuals, which is also approved subject to the condition that +Congress shall authorize the same. + +The matter is presented with the recommendation for the early and +favorable action of Congress. + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _Washington, January 25, 1892_. + +_To the Senate of the United States_: + +Referring to a communication of June 11, 1890, concerning the adoption +by the Committee on Foreign Relations of a resolution respecting the +claim of William Webster against the Government of Great Britain, I +herewith transmit a report of the Secretary of State, with accompanying +documents, showing the action taken under that resolution. + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _Washington, January 25, 1892_. + +_To the Senate and House of Representatives_: + +I transmit herewith a report of the Secretary of State, with +accompaniments, in relation to the claim of the representatives of the +late Hon. James Crooks, a British subject, against the Government of the +United States for the seizure of the steamer _Lord Nelson_ in 1812. + +The favorable action of the Fiftieth and Fifty-first Congresses upon the +bills heretofore introduced for the relief of the claimants makes it +proper that I should recommend it anew for the consideration and final +disposition of the present Congress. + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _January 28, 1892_. + +_To the Senate and House of Representatives_: + +I transmit herewith additional correspondence between this Government +and the Government of Chile, consisting of a note of M. Montt, the +Chilean minister at this capital, to Mr. Blaine, dated January 23; a +reply of Mr. Blaine thereto of date January 27, and a dispatch from +Mr. Egan, our minister at Santiago, transmitting the response of +Mr. Pereira, the Chilean minister of foreign affairs, to the note of +Mr. Blaine of January 21, which was received by me on the 26th instant. +The note of Mr. Montt to Mr. Blaine, though dated January 23, was not +delivered at the State Department until after 12 o'clock m. of the 25th, +and was not translated and its receipt notified to me until late in the +afternoon of that day. + +The response of Mr. Pereira to our note of the 21st withdraws, with +acceptable expressions of regret, the offensive note of Mr. Matta of +the 11th ultimo, and also the request for the recall of Mr. Egan. +The treatment of the incident of the assault upon the sailors of the +_Baltimore_ is so conciliatory and friendly that I am of the opinion +that there is a good prospect that the differences growing out of +that serious affair can now be adjusted upon terms satisfactory to +this Government by the usual methods and without special powers from +Congress. This turn in the affair is very gratifying to me, as I am sure +it will be to the Congress and to our people. The general support of the +efforts of the Executive to enforce the just rights of the nation in +this matter has given an instructive and useful illustration of the +unity and patriotism of our people. + +Should it be necessary I will again communicate with Congress upon the +subject. + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _February 2, 1892_. + +_To the Senate of the United States_: + +In reply to a resolution of the Senate of the 27th ultimo, requesting +the President "to advise the Senate as to what action, if any, has been +taken ... to cause careful soundings to be made between San Francisco, +Cal., and Honolulu ... for the purpose of determining the practicability +of laying a telegraphic cable between those two points, or between any +point on the Pacific coast and the Kingdom of the Hawaiian Islands," +I inclose herewith a communication from the Secretary of the Navy, dated +January 30, 1892. + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _February 9, 1892_. + +_To the House of Representatives_: + +I transmit herewith, in answer to the resolution of the House of +Representatives of the 13th of January last, a report from the Secretary +of State and accompanying papers.[24] + +BENJ. HARRISON. + +[Footnote 24: Correspondence with Spain, Brazil, Salvador, and the +Dominican Republic relative to reciprocal trade relations; copies of +commercial arrangements entered into with those countries; list of +import and export duties imposed by Brazil, Salvador, and the Dominican +Republic, and by Spain with respect to Cuba and Puerto Rico.] + + + +EXECUTIVE MANSION, _February 10, 1892_. + +_To the Senate and House of Representatives_: + +I transmit herewith, as required by law, a communication of the 6th +instant from the Secretary of the Interior, with the report of the +Puyallup Indian Commission and accompanying papers. + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _February 16, 1892_. + +_To the Senate and House of Representatives_: + +There was passed by the last Congress "An act for the protection of the +lives of the miners in the Territories," which was approved by me on the +3d day of March, 1891. That no appropriation was made to enable me to +carry the act into effect resulted, I suppose, from the fact that it was +passed so late in the session. This law recognizes the necessity of a +responsible public inspection and supervision of the business of mining +in the interest of the miners, and is in line with the legislation of +most of the States. + +The work of the miner has its unavoidable incidents of discomfort and +danger, and these should not be increased by the neglect of the owners +to provide every practicable safety appliance. Economies which involve +a sacrifice of human life are intolerable. + +I transmit herewith memorials from several hundred miners working in the +coal mines in the Indian Territory, asking for the appointment of an +inspector under the act referred to. The recent frightful disaster at +Krebs, in that Territory, in which sixty-seven miners met a horrible +death, gives urgency to their appeal, and I recommend that a special +appropriation be at once made for the salaries and the necessary +expenses of the inspectors provided for in the law. + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _February 17, 1892_. + +_To the Senate and House of Representatives_: + +The Indian appropriation bill which was approved March 3, 1891, contains +the following provision: + + And the sum of $2,991,450 be, and the same is hereby, appropriated, + out of any money in the Treasury not otherwise appropriated, to pay + the Choctaw and Chickasaw nations of Indians for all the right, title, + interest, and claim which said nations of Indians may have in and to + certain lands now occupied by the Cheyenne and Arapahoe Indians under + Executive order, said lands lying south of the Canadian River, and now + occupied by the said Cheyenne and Arapahoe Indians; said lands have + been ceded in trust by article 3 of the treaty between the United + States and said Choctaw and Chickasaw nations of Indians which was + concluded April 28, 1866, and proclaimed on the 10th day of August of + the same year, and whereof there remains, after deducting allotments as + provided by said agreement, a residue ascertained by survey to contain + 2,393,160 acres; three-fourths of this appropriation to be paid to such + person or persons as are or shall be duly authorized by the laws of + said Choctaw Nation to receive the same, at such time and in such sums + as directed and required by the legislative authority of said Choctaw + Nation, and one-fourth of this appropriation to be paid to such person + or persons as are or shall be duly authorized by the laws of said + Chickasaw Nation to receive the same, at such times and in such sums as + directed and required by the legislative authority of said Chickasaw + Nation; this appropriation to be immediately available and to become + operative upon the execution by the duly appointed delegates of said + respective nations specially authorized thereto by law of releases and + conveyances to the United States of all the right, title, interest, and + claim of said respective nations of Indians in and to said land (not + including Greer County, which is now in dispute), in manner and form + satisfactory to the President of the United States; and said releases + and conveyances, when fully executed and delivered, shall operate to + extinguish all claim of every kind and character of said Choctaw and + Chickasaw nations of Indians in and to the tract of country to which + said releases and conveyances shall apply. + + +If this section had been submitted to me as a separate measure, +especially during the closing hours of the session, I should have +disapproved it; but as the Congress was then in its last hours a +disapproval of the general Indian appropriation bill, of which it was a +part, would have resulted in consequences so far-reaching and disastrous +that I felt it my duty to approve the bill. But as a duty was devolved +upon me by the section quoted, viz, the acceptance and approval of the +conveyances provided for, I have felt bound to look into the whole +matter, and in view of the facts which I shall presently mention to +postpone any Executive action until these facts could be submitted to +Congress. Very soon after the passage of the law it came to my knowledge +that the Choctaw Legislature had entered into an agreement with three +citizens of that tribe to pay to them as compensation for procuring this +legislation 25 per cent of any appropriation that might be made by +Congress. The amount to be secured by these three agents under this +agreement out of the three-fourths interest in the appropriation of the +Choctaw Nation is $560,896. I have information that a contract was made +by the Chickasaws to pay about 10 per cent of their one-fourth interest +to the agents and attorneys who represented them. + +Within a month after the passage of the law R.J. Ward, one of the +agents, who was to divide with his associates the enormous sum to be +paid by the Choctaws, presented to me an affidavit dated April 4, 1891, +which is herewith submitted. It appears from his statement that the +action of the Choctaw Council in this matter was corruptly influenced +by the execution of certain notes signed by Ward for himself and his +associates in sums varying from $2,500 to $15,000. His associates deny +any knowledge of this, but the giving and existence of these notes is +not refuted. The statement of the two associates of Ward denying any +knowledge or participation in this fraud is also submitted, together +with other papers relating to the matter. Whatever may be the fact as to +the use or nonuse of corrupt methods to secure this legislation from the +Choctaw Council, I do not think the Congress of the United States should +so legislate upon this matter as to give effect to such a contract, +which I am sure must have been unnoticed when the measure was pending. +If the relations of these Indians to the United States are those of a +ward, Congress should protect them from such extortionate exactions. +We can not assume that the expenses and services of a committee of three +persons to represent this claim before Congress should justly assume +such proportions. The making of such a contract seems to convey +implications which I am sure are wholly unjust. + +After the passage of the appropriation bill legislation was had by the +Choctaw Nation looking to the completion of the contract made with their +delegates as to the payment of this money; but subsequently, when it +was supposed that this extraordinary arrangement might require me to +bring the matter to the attention of Congress, an act was passed by +the Choctaw General Council, approved October 19, 1891, declaring all +contracts made by the Choctaw delegates with any attorneys in connection +with this appropriation void and of no effect. A copy of this law will +be found with the papers submitted. There has also been submitted to me +an unofficial copy of the opinion of the attorney-general of the Choctaw +Nation holding that this last legislation is unconstitutional and void. +I am of the opinion that if this appropriation is to stand provision +should be made for protecting these tribes against extortionate claims +for compensation in procuring action by Congress. Copies of the several +laws passed by the Choctaw Nation with reference to this matter will +be found in the accompanying papers. It will be noticed that the +distribution proposed is limited to Choctaws by blood, excluding the +freedmen and the white men who have been given full citizenship from any +participation. A protest against this method of distribution has been +filed by a white citizen of the tribe, and also a representation by Hon. +Thomas C. Fletcher, their attorney, on behalf of the freedmen. In view +of the fact that the stipulations of the treaty of 1866 in behalf of +the freedmen of these tribes have not, especially in the case of the +Chickasaws, been complied with, it would seem that the United States +should in a distribution of this money have made suitable provision +in their behalf. The Chickasaws have steadfastly refused to admit the +freedmen to citizenship, as they stipulated to do in the treaty referred +to, and their condition in that tribe and in a lesser degree in the +other strongly calls for the protective intervention of Congress. + +After a somewhat careful examination of the question I do not believe +that the lands for which this money is to be paid were, to quote the +language of section 15 of the Indian appropriation bill, already set +out, "ceded in trust by article 3 of the treaty between the United +States and said Choctaw and Chickasaw nations of Indians which was +concluded April 28, 1866," etc. It is agreed that that treaty contained +no express limitation upon the uses to which the United States might put +the territory known as the leased district. The lands were ceded by +terms sufficiently comprehensive to have passed the full title of the +Indians. The limitation upon the use to which the Government might put +them is sought to be found in a provision of the treaty by which the +United States undertook to exclude white settlers and in the expressions +found in the treaties made at the same time with the Creeks and other +tribes of the purpose of the United States to use the lands ceded by +those tribes for the settlement of friendly Indians. + +The stipulation as to the exclusion of white settlers might well have +reference solely to the national lands retained by the Choctaw and +Chickasaw tribes, and the reason for the nonincorporation in the treaty +with them of a statement of the purpose of the Government in connection +with the use of the lands is well accounted for by the fact that as +to these lands the Government had already, under the treaty of 1855, +secured the right to use them perpetually for the settlement of friendly +Indians. This was not true as to the lands of the other tribes referred +to. The United States paid to the Choctaws and Chickasaws $300,000, and +the failure to insert the words that are called words of limitation +in this treaty points, I think, clearly to the conclusion that the +commissioners on the part of the Government and the Indians themselves +must have understood that this Government was acquiring something +more than a mere right to settle friendly Indians, which it already +possessed, and something more than the mere release of the right which +the Choctaws and Chickasaws had under the treaty of 1855 to select +locations on these lands if they chose. + +Undoubtedly it was the policy of this Government for the time to +hold these and the adjacent lands as Indian country, and many of the +expressions in the proclamations of my predecessors and in the reports +of the Indian Bureau and of the Secretary of the Interior mean this and +nothing more. This is quite different from a conditional title, which +limits the grant to a particular use and works a reinvestment of full +title in the Indian grantors when that use ceases. But those who hold +most strictly that a use for Indian purposes, where it is expressed, +is a limitation of title seem to agree that the United States might +pass a fee absolute to other Indian tribes in the lands ceded for their +occupancy. Certainly it was not intended that in settling friendly +Indians upon these lands the Government was to be restrained in its +policy of allotment and individual ownership. If for an adequate +consideration, by treaty, the United States placed upon these lands +other Indian tribes, it was competent to give them patents in fee for +a certain and agreed reservation. This being so, when the policy of +allotment is put into force the compensation for the unused lands should +certainly go to the occupying tribe, which in the case supposed had paid +a full consideration for the whole reservation. + +It will hardly be contended that in such case this Government should +pay twice for the lands. In the appropriation under discussion this +principle is in part recognized, for no claim is made by the Choctaws +and Chickasaws for the lands allotted to the Cheyennes and Arapahoes. +The claim is for unallotted or surplus lands. The case of the Cheyennes +and Arapahoes is this: In consideration of other lands the Government +gave them a treaty reservation in the Cherokee Outlet, but never +perfected it by paying the Cherokees the stipulated price and placing +these Indians upon it. The Cheyennes and Arapahoes declined to go upon +the strip and located themselves farther south, where they now are. The +Government subsequently recognized their right to remain there, and set +apart the lands now being allotted to members of that tribe and the +lands for which payment is now claimed by the Choctaws and Chickasaws as +the Cheyenne and Arapahoe Reservation. I think the United States must be +held to have assented to the substitution of these lands for the treaty +lands in the Cherokee Strip, and that being true, when the reservation +is broken up, as now, by allotments, it would seem that the Cheyennes +and Arapahoes were entitled to be compensated for these surplus lands. +In fact, a commission which has been dealing with the tribes in the +Indian Territory has concluded an arrangement with them by which the +Government pays $1,500,000 for these surplus lands and for the release +of any claim to the Cherokee Strip, so that in fact in this agreement +with the Cheyennes and Arapahoes the Government has paid for the lands +for which payment is now claimed by the Choctaws and Chickasaws. + +It should not be forgotten also that the allotment to the Cheyennes and +Arapahoes is still incomplete. The method of calculation which resulted +in stating the claim of the Choctaws and Chickasaws at $2,991,450 is +explained by a letter of Mr. J.S. Standley, one of the Choctaw +delegates, dated April 6, 1891. The agent for the Cheyennes and +Arapahoes wrote Mr. Standley that there were 600 Indians residing upon +the lands south of the Canadian River, and who it was supposed would +take allotments there, and upon this statement the legislation was +based. Now it must be borne in mind that the Cheyennes and Arapahoes +have the right to locate anywhere within their reservation, and that +instead of 600 double that number might have taken their allotments +south of the Canadian River upon these lands. This is not probable, but +a later report indicates that the number will certainly be in excess of +600. If the sum to be paid to the Choctaws and Chickasaws depended +upon a knowledge of the number of acres of unallotted land south of +the Canadian River, it would seem to have been reasonable that the +appropriation should have been delayed until the exact number of acres +taken for allotment had been officially ascertained. This has not yet +been done. + +It is right also, I think, that Congress in dealing with this matter +should have the whole question before it, for the declaration of Indian +title contained in this item of appropriation extends to a very large +body of land and will involve very large future appropriations. The +Choctaw and Chickasaw leased district, embracing the lands in the Indian +Territory between the ninety-eighth and one hundredth degrees of west +longitude and extending north and south from the main Canadian River to +the Red River, including Greer County, contains, according to the public +surveys, 7,713,239 acres, or, excluding Greer County, 6,201,663 acres. +This leased district is occupied as follows: + +Greer County, by white citizens of Texas, 1,511,576 acres. The United +States is now prosecuting a case in the courts to obtain a judicial +declaration that this county is part of the Indian country. If a +decision should be rendered in its favor, the claim of the Choctaws +and Chickasaws to be paid for these lands at the rate named in this +appropriation would at once be presented. + +The Wichita Reservation is also upon the leased lands and is occupied +by the Wichitas, Caddoes, Delawares, and remnants of other tribes by +Department orders, made to depend upon the treaty with the Delawares in +1866 and some other unratified agreements with tribes or fragments of +tribes in 1872. This reservation contains 743,610 acres. + +The Kiowa, Comanche, and Apache Reservation is occupied by those Indians +under a treaty proclaimed August 25, 1868, which provides that said +district of country "shall be, and the same is hereby, set apart for the +absolute and undisturbed use and occupation of the tribes herein named, +and for such friendly tribes or individual Indians as from time to time +they may be willing (with the consent of the United States) to admit +among them." This reservation contains 2,968,893 acres. + +The Cheyennes and Arapahoes, whose surplus lands are to be paid for by +this appropriation, have occupied the country between the Washita and +Canadian rivers, extending west to the one hundredth degree of +longitude. This reservation contains 2,489,160 acres. + +I have stated these facts in order that it may be seen what further +appropriations are involved in a settlement for all these lands upon the +basis which Congress has adopted. It does not seem to me to be a wise +policy to deal with this question piecemeal. It would have been better, +if a remnant of title remains in the Choctaws and Chickasaws to the +lands in the leased district, to have settled the whole matter at once. +Under the treaty of 1855 the Choctaws and Chickasaws quitclaimed any +supposed interest of theirs in the lands west of the one hundredth +degree. The boundary between the Louisiana purchase and the Spanish +possessions by our treaty of 1819 with Spain was as to these lands fixed +upon the one hundredth degree of west longitude. + +Our treaty with the Choctaws and Chickasaws made in 1820 extended their +grant to the limit of our possessions. It followed, of course, that +these lands were included within the boundaries of the State of Texas +when that State was admitted to the Union, and the release of the +Choctaws and Chickasaws, whatever it was worth, operated for the benefit +of the State of Texas and not of the United States. The lands became +public lands of that State. For the release of this claim and for the +lease of the lands west of the ninety-eighth degree the Government of +the United States paid the sum of $800,000. In the calculations which +have been made to arrive at the basis of the appropriation under +discussion no part of this sum is treated as having been paid for the +lease. I do not think that is just to the United States. It seems +probable that a very considerable part of this consideration must have +related to the leased lands, because these were the lands in which the +Indian title was recognized, and the treaty gave to the United States a +permanent right of occupation by friendly Indians. The sum of $300,000, +paid under the treaty of 1866, is deducted, as I understand, in arriving +at the sum appropriated. It seems to me that a considerable proportion +of the sum of $800,000 previously paid should have been deducted in the +same manner. + +I have felt it to be my duty to bring these matters to the attention of +Congress for such action as may be thought advisable. + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _February 24, 1892_. + +_To the Senate and House of Representatives_: + +I transmit herewith, for the information of Congress, the annual report +of the World's Columbian Commission; a supplementary report of the +same commission, submitted February 16, 1892; the report of the board +appointed by me under section 16 of the act of April 25, 1890, to have +charge of the exhibit to be made by the Executive Departments, the +Smithsonian Institution, the Fish Commission, and the National Museum; +and the report of the board of lady managers, provided for by section +6 of the act referred to. + +The information furnished by these reports as to the progress of the +work is not only satisfactory, but highly gratifying. The plan and scope +adopted and the site and buildings selected and now being erected are +fully commensurate with the national and international character of the +enterprise contemplated by the legislation of Congress. The Illinois +corporation has fully complied with the condition of the law that +$10,000,000 should be provided, and the Government commission reports +that "the grounds and buildings will be the most extensive, adequate, +and ornate ever devoted to such purposes." It seems, however, that from +five to eight millions of dollars more will, in the opinion of the +local board and the national commission, be necessary to prepare the +exposition for a complete and successful inauguration. It will be +noticed from the reports that it was first proposed by the local +commission to ask of Congress a loan of $5,000,000, to be repaid from +receipts, and that the national commission approved this suggestion. +Subsequently the Illinois exposition corporation reconsidered its action +and determined to ask a subscription of $5,000,000. + +The supplementary report of the national commission seems to approve +this amended proposition. I have not myself that detailed information as +to the financial necessities of the enterprise which would enable me to +form an independent judgment of the additional amount necessary, and am +not, therefore, prepared to make any specific recommendation to Congress +upon the subject. The committees of Congress having this matter in +charge will undoubtedly obtain full and accurate information before +final action. The exposition, notwithstanding the limitations which +the act contains, is an enterprise to which the United States is so +far committed that Congress ought not, I think, to withhold just and +reasonable further support if the local corporation consents to proper +conditions. + +Liberality on the part of the United States is due to the foreign +nations that have responded in a friendly way to the invitation of this +Government to participate in the exposition, and will, I am sure, meet +the approval of our people. The exposition will be one of the most +illustrious incidents in our civic history. + +I transmit also certain resolutions adopted by representatives of the +National Guard of the various States appointed by the governors to +attend a convention which was held in Chicago on the 27th of October, +1891, with a view to consider the subject of holding a military +encampment at Chicago during the exposition. + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _February 25, 1892_. + +_To the Senate and House of Representatives_: + +I transmit herewith copy of a memorial of the Wichitas, Caddoes, and +affiliated tribes of Indians in Oklahoma Territory in the matter of +their claim to the lands they occupy, for consideration in connection +with the agreement concluded by and between the Cherokee Commission and +said Indians, and also with my communication of the 17th instant,[25] +relative to the act to pay the Choctaw and Chickasaw Indians for certain +lands now occupied by the Cheyenne and Arapahoe Indians. + +BENJ. HARRISON. + +[Footnote 25: See pp. 229-234.] + + + +EXECUTIVE MANSION, _Washington, March 8, 1892_. + +_To the Senate_: + +I herewith transmit, with a view to its ratification, a convention +signed at Washington the 29th of February, 1892, between the Governments +of the United States and Her Britannic Majesty, submitting to +arbitration the questions which have arisen between those Governments +concerning the jurisdictional rights of the United States in the waters +of the Bering Sea, and concerning also the preservation of the fur seal +in and habitually resorting to the said sea and the rights of the +citizens and subjects of either country as regards the taking of fur +seal in or habitually resorting to the said waters. + +The correspondence not heretofore submitted to Congress in relation to +the Bering Sea matter is in course of preparation and will be +transmitted without delay. + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _March 9, 1892_. + +_To the Senate and House of Representatives_: + +I transmit herewith, for the consideration of Congress, a communication +of the 5th instant from the Secretary of the Interior, submitting the +agreement concluded by and between the commissioners for the United +States and the Cherokee Nation of Indians of the Indian Territory, for +the cession of certain lands and for other purposes. + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _Washington, March 18, 1892_. + +_To the Senate_: + +I herewith transmit, in answer to the resolution of the Senate of the 3d +ultimo, a report from the Acting Secretary of State of the 17th instant, +transmitting information relative to and his opinion as to the purchase +of the unpublished correspondence and manuscripts of President James +Monroe. + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _March 24, 1892_. + +_To the Senate and House of Representatives_: + +I transmit herewith a communication from the Board of Commissioners of +the District of Columbia, accompanied by a letter from the chairman of +the executive committee organized by the citizens of Washington for the +reception and entertainment of the Twenty-sixth Annual Encampment of the +Grand Army of the Republic, which is to be held in Washington during +September next. An appeal is made for an appropriation by Congress of +$100,000, one-half to be paid out of the District revenues, to aid in +defraying the expenses attending this reception. + +The event is one of very high and, as I believe, of national interest, +and the attendance of the surviving Union soldiers will, I do not doubt, +be larger than at any annual encampment that has ever been held. +The public authorities of the cities or States, or both, in which +the encampments have been held have, I believe, usually appropriated +liberally to make the occasions worthy and the entertainment hospitable. +The parade of the survivors of our great armies upon Pennsylvania avenue +will bring vividly back to us those joyful and momentous days when the +great victorious armies of the East and of the West marched through the +streets of Washington in high parade and were received by our citizens +with joyful acclaim. It seems to me that it will be highly appropriate +for Congress suitably to aid in making this demonstration impressive and +in extending to those soldiers whose lives a beneficent Providence has +prolonged an opportunity to see in the security and peace, development +and prosperity, which now so happily pervade the national capital the +fruits of their sacrifice and valor. + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _April 1, 1892_. + +_To the Senate of the United States_: + +In compliance with a resolution of the 30th ultimo, the House of +Representatives concurring, I return herewith the bill (S. 1057) +entitled "An act to punish the unlawful appropriation of the use of +the property of another in the District of Columbia." + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _Washington, April 1, 1892_. + +_To the Senate_: + +I herewith transmit, in answer to the resolutions of the Senate of the +16th and 21st ultimo, a report from the Acting Secretary of State, with +accompanying statistics, showing the duties imposed by the Governments +of Venezuela and Colombia upon products of the United States imported +into these countries. + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _Washington, April 4, 1892_. + +_To the Senate_: + +I transmit, in reply to the resolution of the Senate passed in executive +session on March 14, 1892, a report from the Secretary of State, with +accompanying documents, in relation to the correspondence relating to +the nonacceptance of Hon. Henry W. Blair as minister of the United +States to the Government of China. + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _April 12, 1892_. + +_To the Senate_: + +I transmit, in reply to the resolution of the Senate under date +of December 15, 1891, a report from the Secretary of State, with +accompanying documents, in relation to the correspondence had with +regard to the impressment into its service and punishment by the +Government of Italy of Nicolino Mileo, a naturalized citizen of the +United States. + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _April 14, 1892_. + +_To the Senate_: + +I herewith transmit, in response to the resolution passed in the Senate +on the 10th of March, 1892, a report of the Secretary of State and the +accompanying correspondence, had in relation to the claim of the +Venezuela Steam Transportation Company for the said company's relief. + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _April 26, 1892_. + +_To the Senate_: + +I have received the resolution of the Senate of April 23, requesting +that, if not incompatible with the public interest, I inform the Senate +what steps have been taken toward the securing of an international +conference to consider the question of the free coinage of silver at +the mints of the nations participating in such conference, or as to the +enlarged use of silver in the currency system of said countries, and +that I transmit to the Senate any correspondence between the United +States and other governments upon the subject, and in response thereto +beg respectfully to inform the Senate that in my opinion it would not +be compatible with the public interest to lay before the Senate at this +time the information requested, but that at the earliest moment after +definite information can properly be given all the facts and any +correspondence that may take place will be submitted to Congress. + +It may not be inappropriate, however, to say here that, believing that +the full use of silver as a coined metal upon an agreed ratio by the +great commercial nations of the world would very highly promote the +prosperity of all their people, I have not and will not let any +favorable opportunity pass for the promotion of that most desirable +result, or, if free international silver coinage is not presently +attainable, then to secure the largest practicable use of that metal. + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _May 11, 1892_. + +_To the House of Representatives_: + +In compliance with the resolution of the House of Representatives, the +Senate concurring, I return herewith the bill (H.R. 3927) entitled +"An act to amend 'An act to provide for the performance of the duties +of the office of President in case of the removal, death, resignation, +or inability both of the President and Vice-President,' approved +January 19, 1886." + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _May 11, 1892_. + +_To the Senate and House of Representatives_: + +I transmit herewith the seventh annual report of the Commissioner of +Labor, which report relates to the cost of producing textiles and glass +in the United States and in Europe. It also comprehends the wages and +the cost of living of persons employed in the textile and glass +industries. + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _May 25, 1892_. + +_To the Senate and House of Representatives_: + +I transmit herewith a communication of the Secretary of War, dated May +24, from which and from the accompanying papers it appears that the late +General George W. Cullum, of the United States Army, has by will devised +$250,000 to the Government of the United States for the erection of a +memorial hall upon the grounds of the Military Academy at West Point, to +be used as a "receptacle of statues, busts, mural tablets, and portraits +of distinguished deceased officers and graduates of the Military +Academy, of paintings of battle scenes, trophies of war, and such other +objects as may tend to give elevation to the military profession." + +This ample and patriotic gift is hampered by no conditions and involves +no appropriation beyond the sum so generously donated. + +The executors in order to facilitate action have prepared, and the same +is herewith submitted, the outline of a bill to carry into effect the +provisions of General Cullum's will. + +There can be no occasion to urge upon Congress the immediate enactment +of a suitable law to carry into effect the patriotic purpose expressed +in the will. + +I suggest that in the bill itself, or by a separate joint resolution, +suitable expression be given of the public appreciation of this crowning +service to the military profession and to his country rendered by +General Cullum. + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _May 25, 1892_. + +_To the Senate and House of Representatives_: + +In accordance with the provisions of section 4119 of the Revised +Statutes of the United States, I lay before you for revision a copy of +the regulations for the consular courts of the United States in Korea, +as decreed by the minister of this Government at Seoul March 31, 1892. I +also transmit an accompanying report by the Acting Secretary of State. + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _June 20, 1892_. + +_To the Senate of the United States_: + +The following resolution was passed by the Senate on the 24th day of +February last: + + _Resolved_, That the President be requested, if in his opinion not + incompatible with the public interests, to inform the Senate of the + proceedings recently had with the representatives of the Dominion of + Canada and of the British Government as to arrangements for reciprocal + trade between Canada and the United States. + + +In response thereto I now submit the following information: + +On the 15th day of April last the Secretary of State submitted to me a +report, which is herewith transmitted. Shortly after the report came +into my possession I was advised by the Secretary that the British +minister at this capital had informed him that the Canadian government +desired a further conference on the subject of the discriminating canal +tolls of which this country had complained. This information was +accompanied by the suggestion that a response to the resolution of the +Senate might properly be delayed until this further conference was held. + +On the 3d instant the British minister, in connection with Hon. +MacKenzie Bowell and Hon. George E. Foster, members of the Canadian +ministry, were received by the Secretary of State and a further +conference took place. In both of the conferences referred to Hon. John +W. Foster, at the request of the Secretary of State, appeared with him +on behalf of this Government; and the report of the latter conference +was submitted to me on the 6th instant by Mr. Foster, and is herewith +transmitted. The result of the conference as to the practicability of +arranging a reciprocity treaty with the Dominion of Canada is clearly +stated in the letter of Mr. Blaine, and was anticipated, I think, by him +and by every other thoughtful American who had considered the subject. +A reciprocity treaty limited to the exchange of natural products would +have been such only in form. The benefits of such a treaty would have +inured almost wholly to Canada. Previous experiments on this line had +been unsatisfactory to this Government. A treaty that should be +reciprocal in fact and of mutual advantages must necessarily have +embraced an important list of manufactured articles and have secured to +the United States a free or favored introduction of these articles into +Canada as against the world; but it was not believed that the Canadian +ministry was ready to propose or assent to such an arrangement. The +conclusion of the Canadian commissioners is stated in the report of +Mr. Blaine as follows: + + In the second place, it seemed to be impossible for the Canadian + government, in view of its present political relations and obligations, + to extend to American goods a preferential treatment over those of + other countries. As Canada was a part of the British Empire, they did + not consider it competent for the Dominion government to enter into + any commercial arrangement with the United States from the benefits of + which Great Britain and its colonies should be excluded. + + +It is not for this Government to argue against this announcement of +Canadian official opinion. It must be accepted, however, I think, as +the statement of a condition which places an insuperable barrier in +the way of the attainment of that large and beneficial intercourse and +reciprocal trade which might otherwise be developed between the United +States and the Dominion. + +It will be noticed that Mr. Blaine reports as one of the results of the +conference "an informal engagement to repeal and abandon the drawback +of 18 cents a ton given to wheat (grain) that is carried through to +Montreal and shipped therefrom to Europe. By the American railways +running from Ogdensburg and Oswego and other American ports the shippers +paid the full 20 cents a ton, while in effect those by the way of +Montreal pay only 2 cents. It was understood that the Canadian +commissioners, who were all three members of the cabinet, would see to +the withdrawal of this discrimination." + +From the report of the recent conference by Mr. Foster it will be +seen that the Canadian commissioners declare that this statement does +not conform to their understanding, and that the only assurance they +had intended to give was that the complaint of the Government of the +United States should be taken into consideration by the Canadian +ministry on their return to Ottawa. Mr. Foster, who was present at the +first conference, confirms the statements of Mr. Blaine. While this +misunderstanding is unfortunate, the more serious phase of the situation +is that instead of rescinding the discriminating canal tolls of which +this Government complains the Canadian ministry, after the return of +the commissioners from their visit to Washington, on April 4, reissued, +without any communication with this Government, the order continuing +the discrimination, by which a rebate of 18 cents a ton is allowed upon +grain going to Montreal, but not to American ports, and refusing this +rebate even to grain going to Montreal if transshipped at an American +port. + +The report of Mr. Partridge, the Solicitor of the Department of State, +which accompanies the letter of the Secretary of State, states these +discriminations very clearly. That these orders as to canal tolls and +rebates are in direct violation of Article XXVII of the treaty of +1871 seems to be clear. It is wholly evasive to say that there is no +discrimination between Canadian and American vessels; that the rebate +is allowed to both without favor upon grain carried through to Montreal +or transshipped at a Canadian port to Montreal. The treaty runs: + + To secure to the citizens of the United States the use of the Welland, + St. Lawrence, and other canals in the Dominion on terms of equality + with the inhabitants of the Dominion. + + +It was intended to give to consumers in the United States, to our people +engaged in railroad transportation, and to those exporting from our +ports equal terms in passing their merchandise through these canals. +This absolute equality of treatment was the consideration for +concessions on the part of this Government made in the same article of +the treaty, and which have been faithfully kept. + +It is a matter of regret that the Canadian government has not responded +promptly to our request for the removal of these discriminating tolls. + +The papers submitted show how serious the loss inflicted is upon our +lake vessels and upon some of our lake ports. In view of the fact that +the Canadian commissioners still contest with us the claim that these +tolls are discriminating and insist that they constitute no violation +of the letter or spirit of Article XXVII of the treaty, it would seem +appropriate that Congress, if the view held by the Executive is +approved, should with deliberation and yet with promptness take such +steps as may be necessary to secure the just rights of our citizens. + +In view of the delays which have already taken place in transmitting +this correspondence to Congress, I have not felt justified in awaiting +the further communication from the government of Canada which was +suggested in the recent conference. + +Should any proposition relating to this matter be received it will +be immediately submitted for the consideration of the Senate, and if +forwarded within the time suggested will undoubtedly anticipate any +final action by Congress. + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _June 20, 1802_. + +_To the Senate_: + +In response to the resolution of the Senate dated March 14, 1892, +requesting that certain specified correspondence in regard to the claim +of Antonio Maximo Mora against the Government of Spain be communicated +to it; if not incompatible with the public interests, I transmit +herewith the report of the Acting Secretary of State on the matter. + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _June 27, 1892_. + +_To the Senate_: + +In response to the resolution of the Senate dated April 6, 1892, +directing the Secretary of State to send to the Senate, if not +incompatible with the public interests, copies of all commercial +agreements made with other countries, and also to report what steps have +been taken to negotiate a reciprocal commercial treaty with Mexico, +I submit herewith the reply of the Acting Secretary of State to that +resolution. + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _July 1, 1892_. + +_To the Senate_: + +For the information of the Senate and in further response to the +resolution of the Senate of February 24 last, I transmit herewith +a communication of the 24th ultimo from Mr. Herbert, the acting +representative of the British Government at this capital, addressed to +Mr. Wharton, Acting Secretary of State, upon the subject of Canadian +canal tolls; also a memorandum prepared and submitted to me by Mr. Adee, +Second Assistant Secretary of State, reviewing the communication of Mr. +Herbert, and a letter of the 28th ultimo from Mr. John W. Foster, who, +as I have previously stated, with Mr. Blaine represented this Government +in the conferences with the Canadian commissioners. + +The position taken by this Government, as expressed in my previous +communication to the Senate, that the canal tolls and regulations of +which complaint has been made are in violation of our treaty with Great +Britain, is not shaken, but rather confirmed. + +There can be no doubt that a serious discrimination against our +citizens and our commerce exists, and quite as little doubt that this +discrimination is not the incident but the purpose of the Canadian +regulation. + +It has not seemed to me that this was a case in which we could yield to +the suggestion of further concessions on the part of the United States +with a view to securing treaty rights for which a consideration has +already been given. + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _July 21, 1892_. + +_To the Senate and House of Representatives_: + +I herewith transmit, for the information of Congress, a communication +from the Secretary of State, forwarding certain bulletins of the +American Republics. + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _Washington, July 23, 1892_. + +_To the Senate of the United States_: + +I transmit, in reply to the resolution of the Senate passed in +executive session on the 21st instant and addressed to the Secretary of +State, a report of that officer, with accompanying documents, in further +relation to the nonacceptance of the Hon. Henry W. Blair as minister of +the United States to the Government of China, which question was the +occasion of my recent message to the Senate of the 4th of April +last.[26] + +BENJ. HARRISON. + +[Footnote 26: See p. 238.] + + + +EXECUTIVE MANSION, _July 25, 1892_. + +_To the Senate_: + +I herewith transmit, in reply to the resolution of the Senate of June 6, +1892, a report from the Secretary of State, with its accompanying +papers, in relation to guano deposits on Areas Cays or Islands. + +BENJ. HARRISON. + + + +WASHINGTON, D.C., _July 27, 1892_. + +_To the Senate and House of Representatives_: + +I transmit herewith, with its accompaniments, a report from the +Secretary of the Navy of the Results of the survey made pursuant to +the act of March 2, 1891, "to enable the President to cause careful +soundings to be made between San Francisco, Cal., and Honolulu, in the +Kingdom of the Hawaiian Islands, for the purpose of determining the +practicability of the laying of a telegraphic cable between those +points." + +BENJ. HARRISON. + + + + +VETO MESSAGES. + + +EXECUTIVE MANSION, _July 19, 1892_. + +_To the Senate_: + +I return herewith without my approval the bill (S. 2729) entitled +"An act to amend an act entitled 'An act to establish circuit courts of +appeals, and to define and regulate in certain cases the jurisdiction +of the courts of the United States, and for other purposes.'" + +The original act to which this amendment is proposed, constituting an +intermediate court of appeals, had for its object the relief of the +Supreme Court by limiting the cases which might be brought up for +hearing in that court. The first section of the bill under consideration +allows appeals in criminal cases where the sentence imposes no +imprisonment and the fine is as much as $1,000. The effect of this +provision will be to bring to the Supreme Court many cases that in my +opinion should be finally determined in the intermediate appellate +court, and so in part to defeat the general purpose of Congress in +constituting the intermediate court. But this objection would not alone +have sufficient weight in my mind to induce me to return the bill. +Section 3 of the bill is as follows: + + That no appeal shall hereafter be allowed from judgments of the Court + of Claims in cases under the act of March 3, 1891, entitled "An act to + provide for the adjudication and payment of claims arising from Indian + depredations," except where the adjudication involves the construction + or application of the Constitution or the validity or construction of + a treaty or the constitutionality of a law of the United States: + _Provided, however_, That upon such appeal it shall be competent for + the Supreme Court to require, by certiorari or otherwise, the whole + case to be certified for its review and determination upon the facts + as well as the law. + + +I am advised by the Attorney-General that under the Indian-depredations +act 8,000 cases, involving an aggregate of damages claimed of about +$30,000,000, have already been filed. A number of these cases involve as +much as $100,000 each, while a few involve as much as $500,000 each and +one something over $1,000,000. The damages which may be awarded in these +cases by the Court of Claims are to be paid out of the trust funds of +the Indians held by the United States, or, if there are no such funds, +out of the Treasury of the United States. The law referring these cases +to the Court of Claims has had no judicial interpretation, and many +novel and difficult questions are likely to arise. It is quite a +startling proposition, and a very novel one, I think, that there shall +be absolutely no opportunity for the review in an appellate court, +in cases involving such large amounts, of questions involving the +construction of the statute under which the court is proceeding, or +those various questions of law, many of them new, which necessarily +arise in such cases. + +Neither the claimants, the Indians, nor the Government of the United +States should be absolutely denied opportunity to bring their exceptions +to review by some appellate tribunal. I would not suggest that an appeal +should be allowed in all cases. Some limitation as to amount would be +reasonable, and perhaps some discretion might be lodged in the Supreme +Court as to granting appeals. The limitations, however, imposed by the +section I have quoted are so severe and unreasonable, in my judgment, +that I have felt compelled to return the bill to the Senate with a view +to its reconsideration. + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _July 29, 1892_. + +_To the Senate_: + +I return herewith without my approval the bill (S. 1958) entitled "An +act to submit to the Court of Private Land Claims, established by an act +of Congress approved March 3, 1891, the title of William McGarrahan to +the Rancho Panoche Grande, in the State of California, and for other +purposes." + +This bill came to me on the 20th instant, at a time when very many other +bills were submitted for my consideration, and it has not been possible +for me to make such an examination of the history of Mr. McGarrahan's +claim as would be necessary to form an intelligent judgment as to its +merits and just extent. It is quite possible that he has been wronged +and that he has a claim for some reparation from the Government. I can +not, however, think that this bill proceeds upon a just basis. It +provides that Mr. McGarrahan shall file his claim as the assignee of +Gomez in the Court of Private Land Claims for the lands described in the +title, and that if the court establishes the grant to Gomez it shall be +confirmed to McGarrahan. No evidence that he is the assignee of Gomez +is, I think, required by the bill, which assumes that fact instead of +submitting it to the court. If the claim is established, it is provided +in substance that all lands part of said grant which have been conveyed +by the Government or are in the occupancy of actual settlers, or "upon +which there are any smelting or reduction works, or the lands claimed +in connection with such reduction or smelting works," shall be excepted +from the patent which the Secretary of the Interior is directed to issue +to McGarrahan. By this provision the title of the New Idria Mining +Company, which has long contested with McGarrahan the title to a large +part of this property, is established and that company is relieved from +any responsibility to account for the profits made in mining. On the +other hand, the United States waives all benefit of judicial proceedings +which have resulted in its favor and gives Mr. McGarrahan an opportunity +_de novo_ to try all such questions; and the decision, if in his favor, +is not only to restore to him all the lands yet undisposed of, but the +United States assumes to pay him the value of the lands appropriated by +others and of their use for all these years and to account to him for +all profits that have been made by the New Idria Mining Company or +anyone else in quicksilver or other mining. + +This seems to me to be wholly inadmissible. The amount involved must be +enormously large, though at present incapable of any accurate estimate. +If the title of the New Idria Company has been established by final +decrees of court placing that title beyond question and that company +beyond any call to respond for use and profits, why should the +Government of the United States, waiving in its behalf these decrees, +which would protect it also, assume a responsibility to account for the +value of the lands and for their use and for the net value of minerals +extracted by that company or others? It will be noticed in the quotation +I have made from the act that this company is allowed to take all the +land it may claim, but at the expense of the United States, not of +Mr. McGarrahan. + +The bill is so framed as to give full protection to the New Idria Mining +Company to the full extent of its largest claim, while throwing upon the +United States a responsibility which that company should bear if the +title of Mr. McGarrahan is established. + +The United States provided a proper tribunal for the trial of claims +founded upon Mexican grants. This claim was there tried, and if fraud +affected the judgment it is not, I think, chargeable to the Government; +the contest was chiefly between rival claimants. In this state of the +case it would seem that if the United States consents to open the +litigation and to wipe out all judicial findings and decrees a less +exacting measure of damages than that proposed in the bill should be +agreed on. + +It is not my purpose, as I have intimated, to express the opinion that +Mr. McGarrahan is entitled to no relief. It seems to me, however, clear +that he is not entitled to the relief given by this bill, and that it +does not adequately protect the interests of the United States. + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _August 3, 1892_. + +_To the Senate_: + +I return herewith without my approval the bill (S. 1111) entitled "An +act to amend the act of Congress approved March 3, 1887, entitled 'An +act to provide for the bringing of suits against the Government of the +United States.'" + +If I may judge from the very limited discussion of this measure in +Congress, the sweeping effects of it upon the administration of the +public lands could hardly have been fully realized. From the beginning +of the Government the administration of the public lands and the issuing +of patents under the land laws have been an Executive function. + +The jurisdiction of the courts as to contesting claims for patents has +awaited the action of the General Land Office. Land offices have been +established and maintained in all the districts where public lands were +found, located with reference to the convenience of the settlers, and +the proceedings have been informal and inexpensive. It is true that at +times, by an administration of the Land Office unfriendly toward the +settlers, unnecessary delays involving much hardship have intervened in +the issuing of patents, but such is not the case now. The work of the +Land Office within the last three years has been so efficient and so +friendly to the _bona fide_ settler that the large accumulation of cases +there has been swept away, and the office, as I am informed by the +Secretary of the Interior, is now engaged upon current business. + +It seems to me that a transfer in whole or in part of this business to +the courts, some of whose dockets are already loaded with cases, can not +tend to expedition, while it is very manifest that, by reason of the +greater formality in the taking and presentation of evidence which would +be required in court and of the long distances which settlers would have +to traverse in order to attend court, the costs in such cases would be +enormously increased. + +It is proposed by this bill to give what is called concurrent +jurisdiction to the district courts of the United States and to the +Court of Claims to hear and determine all claims for land patents under +any law or grant of the United States. Whether concurrent with each +other or with each other and the Land Office is not clear. + +It is quite doubtful under the rulings of the Supreme Court whether the +courts now provided by law for the Territories are "district courts of +the United States" within the meaning of this bill. The effect of this +legislation would, if they were held not to be such, be that as to all +suits relating to lands in the Territories of New Mexico, Arizona, Utah, +and Oklahoma no other forum is provided than the Court of Claims at +Washington. In this state of the case a settler, or one who has taken +a mineral claim in any of these Territories, would be subject to be +brought to the city of Washington for the trial of his case. + +In view of the fact that all recent legislation of Congress has been +in the direction of subdividing judicial districts and of bringing the +United States courts nearer to the litigants, I can only attribute to +oversight the passage of this bill, which in my opinion would burden the +homesteader and preemptor whose claim is contested, whether by another +individual or by any corporation, by compelling him to appear at +Washington and to conduct with the formality and expense incident to +court proceedings the defense of his title. But even in the case of +land contests arising in the States where district courts exist the +plaintiff, it will be observed, by this act is given the option to sue +in those courts or to bring his adversary to Washington to litigate +the claim. Why should he have this advantage, one that is not given so +far as I know in any other law fixing the forum of litigation between +individuals? Not only is this true, but the Court of Claims was +established for the trial of cases between individuals and corporations +on the one side and the United States on the other, and so far as I now +recall wholly for the trial of money claims. + +There are no adequate provisions of law, if any at all, for conducting +suits between individuals contesting private rights. The court has one +bailiff and one messenger, no marshal, and is not provided, I think, +either with the machinery or with the appropriation to send its +processes to the most distant parts of the country. Yet it is apparent +that under this bill the real issue would frequently be between rival +claimants, and not between either and the United States. This court, +too, is already burdened with business since the reference to it of the +Indian depredation claims, the French spoliation claims, etc., and it +certainly can not be thought that a more speedy settlement of land +claims could be there obtained than is now given. + +Again, the bill is so indefinite in its provisions that it can not be +told, I think, what function, if any, remains to be discharged by the +General Land Office. It was said in answer to an interrogatory when the +bill was under consideration that it did not affect claims pending in +the Land Office; and yet it seems to me that its effect is to allow any +contestant in the Land Office at any stage of the proceedings there to +transfer the whole controversy to the courts. He may take his chances of +success in the Land Office, and if at any time he becomes apprehensive +of an adverse decision he may begin _de novo_ in the courts. + +If it was intended to preserve the jurisdiction of the Land Office and +to hold cases there until a judgment had been reached, the bill should +have so provided, for it is capable of, and indeed seems to me compels, +the construction that either party may forsake the Land Office at any +stage of a contest. I am quite inclined to believe that if provision +were made, as in section 1063 of the Revised Statutes, relating to +claims in other departments, for the transfer to a proper court, under +proper regulations, of certain contest cases involving questions +affecting large classes of claims, it would be a relief to the Land +Office and would tend to a more speedy adjustment of land titles in such +cases, a result which would be in the interest of all our people. + +Nothing is more disadvantageous to a community, its progress and peace, +than unsettled land titles. This bill, however, as I have said, is so +radical and seems to me to be so indefinite in its provisions that +I can not give it my approval. + +BENJ. HARRISON. + + + + +PROCLAMATIONS. + + +BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. + +A PROCLAMATION. + +Whereas, pursuant to section 3 of the act of Congress approved October +1, 1890, entitled "An act to reduce the revenue and equalize duties on +imports, and for other purposes," the Secretary of State of the United +States of America communicated to the Government of Salvador the action +of the Congress of the United States of America, with a view to secure +reciprocal trade, in declaring the articles enumerated in said section 3 +to be exempt from duty upon their importation into the United States of +America; and + +Whereas the envoy extraordinary and minister plenipotentiary of Salvador +at Washington has communicated to the Secretary of State the fact that, +in reciprocity for the admission into the United States of America free +of all duty of the articles enumerated in section 3 of said act, the +Government of Salvador will by due legal enactment, as a provisional +measure and until a more complete arrangement may be negotiated and put +in operation, admit free of all duty, from and after February 1, 1892, +into all the established ports of entry of Salvador the articles or +merchandise named in the following schedule, provided that the same be +the product or manufacture of the United States: + + + SCHEDULE OF PRODUCTS AND MANUFACTURES WHICH THE REPUBLIC OF SALVADOR + WILL ADMIT FREE OF ALL CUSTOMS, MUNICIPAL, AND ANY OTHER KIND OF DUTY. + + 1. Animals for breeding purposes. + + 2. Corn, rice, barley, and rye. + + 3. Beans. + + 4. Hay and straw for forage. + + 5. Fruits, fresh. + + 6. Preparations of flour in biscuits, crackers not sweetened, + macaroni, vermicelli, and tallarin. + + 7. Coal, mineral. + + 8. Roman cement. + + 9. Hydraulic lime. + + 10. Bricks, fire bricks, and crucibles for melting. + + 11. Marble, dressed, for furniture, statues, fountains, gravestones, + and building purposes. + + 12. Tar, vegetable and mineral. + + 13. Guano and other fertilizers, natural or artificial. + + 14. Plows and all other agricultural tools and implements. + + 15. Machinery of all kinds, including sewing machines, and separate or + extra parts for the same. + + 16. Materials of all kinds for the construction and equipment of + railroads. + + 17. Materials of all kinds for the construction and operation of + telegraphic and telephonic lines. + + 18. Materials of all kinds for lighting by electricity and gas. + + 19. Materials of all kinds for the construction of wharves. + + 20. Apparatus for distilling liquors. + + 21. Wood of all kinds for building, in trunks or pieces, beams, + rafters, planks, boards, shingles, or flooring. + + 22. Wooden staves, heads, and hoops, and barrels and boxes for packing, + mounted or in pieces. + + 23. Houses of wood or iron, complete or in parts. + + 24. Wagons, carts, and carriages of all kinds. + + 25. Barrels, casks, and tanks of iron for water. + + 26. Tubes of iron and all other accessories necessary for water supply. + + 27. Wire, barbed, and staples for fences. + + 28. Plates of iron for building purposes. + + 29. Mineral ores. + + 30. Kettles of iron for making salt. + + 31. Kettles of iron for making sugar. + + 32. Molds for making sugar. + + 33. Guys for mining purposes. + + 34. Furnaces and instruments for assaying metals. + + 35. Scientific instruments. + + 36. Models of machinery and buildings. + + 37. Boats, lighters, tackle, anchors, chains, girtlines, sails, and all + other articles for vessels, to be used in the ports, lakes, and + rivers of the Republic. + + 38. Printing materials, including presses, type, ink, and all other + accessories. + + 39. Printed books, pamphlets, and newspapers, bound or unbound, maps, + photographs, printed music, and paper for music. + + 40. Paper for printing newspapers. + + 41. Quicksilver. + + 42. Loadstones. + + 43. Hops. + + 44. Sulphate of quinine. + + 45. Gold and silver in bars, dust, or coin. + + 46. Samples of merchandise the duties on which do not exceed $1. + + It is understood that the packages or coverings in which the articles + named in the foregoing schedule are imported shall be free of duty if + they are usual and proper for the purpose. + + +And that the Government of Salvador has further stipulated that the laws +and regulations adopted to protect its revenue and prevent fraud in the +declarations and proof that the articles named in the foregoing schedule +are the product or manufacture of the United States of America shall +impose no additional charges on the importer nor undue restrictions on +the articles imported; and + +Whereas the Secretary of State has, by my direction, given assurance +to the envoy extraordinary and minister plenipotentiary of Salvador at +Washington that this action of the Government of Salvador in granting +freedom of duties to the products and manufactures of the United States +of America on their importation into Salvador and in stipulating for a +more complete reciprocity arrangement is accepted as a due reciprocity +for the action of Congress as set forth in section 3 of said act: + +Now, therefore, be it known that I, Benjamin Harrison, President of the +United States of America, have caused the above-stated modifications of +the tariff laws of Salvador to be made public for the information of the +citizens of the United States of America. + +In testimony whereof I have hereunto set my hand and caused the seal of +the United States to be affixed. + +[SEAL.] + +Done at the city of Washington, this 31st day of December, 1891, and of +the Independence of the United States of America the one hundred and +sixteenth. + +BENJ. HARRISON. + +By the President: + JAMES G. BLAINE, + _Secretary of State_. + + + +BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. + +A PROCLAMATION. + +Whereas it is provided by section 24 of the act of Congress approved +March 3, 1891, entitled "An act to repeal timber-culture laws, and for +other purposes"-- + + That the President of the United States may from time to time set apart + and reserve in any State or Territory having public land bearing + forests, in any part of the public lands wholly or in part covered with + timber or, undergrowth, whether of commercial value or not, as public + reservations; and the President shall by public proclamation declare + the establishment of such reservation and the limits thereof. + + +And whereas the public lands in the Territory of New Mexico within the +limits hereinafter described are in part covered with timber, and it +appears that the public good would be promoted by setting apart and +reserving said lands as a public reservation: + +Now, therefore, I, Benjamin Harrison, President of the United States, +by virtue of the power in me vested by section 24 of the aforesaid act +of Congress, do hereby make known and proclaim that there is hereby +reserved from entry or settlement and set apart as a public reservation +all those certain tracts, pieces, or parcels of land lying and being +situate in the Territory of New Mexico and particularly described as +follows, to wit: + +Commencing at the standard corner to township seventeen (17) north, +ranges thirteen (13) and fourteen (14) east (New Mexico principal base +and meridian) on the fourth (4th) standard parallel north; thence +northerly along the range line between ranges thirteen (13) and fourteen +(14) east to the closing corner between ranges thirteen (13) and +fourteen (14) east on the fifth (5th) standard parallel north; thence +along said fifth (5th) standard parallel to the southeast corner of +township twenty-one (21) north, range thirteen (13) east; thence north +six (6) miles; thence west twelve (12) miles; thence due south to the +fifth (5th) standard parallel; thence westerly on said fifth (5th) +standard parallel to a point due north of the northwest corner of +township seventeen (17) north, range eleven (11) east; thence south to +the fourth (4th) standard parallel; thence westerly on said fourth (4th) +standard parallel north seven and sixty-two one-hundredths (7.62) chains +to the northwest corner of township sixteen (16) north, range eleven +(11) east; thence southerly on the range line between townships sixteen +(16) north, ranges ten (10) and eleven (11) east, three (3) miles and +three and forty-three hundredths (3.43) chains to the corner to sections +thirteen (13), eighteen (18), nineteen (19), and twenty-four (24) on +said range line; thence easterly along the section lines to the range +line between ranges eleven (11) and twelve (12) east; thence northerly +three (3) miles and three (3) chains to the fourth (4th) standard +parallel north; thence easterly on said fourth (4th) standard parallel +eight (8) and fifty-hundredths (8.50) chains to the standard corner to +township seventeen (17) north, ranges eleven (11) and twelve (12) east; +thence northerly on the range line to the southwest corner of township +eighteen (18) north, range twelve (12) east; thence easterly on the +township line six (6) miles one and six-hundredths (1.06) chains to the +southeast corner of township eighteen (18) north, range twelve (12) +east; thence south six (6) miles to the fourth (4th) standard parallel +north; thence east along said fourth (4th) standard parallel to the +place of beginning. + +Excepting from the force and effect of this proclamation all land which +may have been prior to the date hereof embraced in any valid Spanish or +Mexican grant or in any legal entry or covered by any lawful filing duly +made in the proper United States land office, and all mining claims duly +located and held according to the laws of the United States and rules +and regulations not in conflict therewith. + +_Provided_, That this exception shall not continue to apply to any +particular tract of land unless the entry man or claimant continues to +comply with the law under which the entry, filing, or location was made. + +Warning is hereby expressly given to all persons not to enter or make +settlement upon the tract of land reserved by this proclamation. + +In witness whereof I have hereunto set my hand and caused the seal of +the United States to be affixed. + +[SEAL.] + +Done at the city of Washington, this 11th day of January, A.D. 1892, and +of the Independence of the United States the one hundred and sixteenth. + +BENJ. HARRISON. + +By the President: + JAMES G. BLAINE, + _Secretary of State_. + + + +BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. + +A PROCLAMATION. + +Whereas, pursuant to section 3 of the act of Congress approved October +1, 1890, entitled "An act to reduce the revenue and equalize duties on +imports, and for other purposes," the attention of the Government of +Great Britain was called to the action of the Congress of the United +States of America, with a view to secure reciprocal trade, in declaring +the articles enumerated in said section 3 to be exempt from duty upon +their importation into the United States of America; and + +Whereas the envoy extraordinary and minister plenipotentiary of Great +Britain at Washington has communicated to the Secretary of State the +fact that, in view of the act of Congress above cited, the Government +of Great Britain has by due legal enactment authorized the admission, +from and after February 1, 1892, of the articles in merchandise named +in the following schedules, on the terms stated therein, into the +British colonies of Trinidad (which includes Tobago), Barbados, the +Leeward Islands (consisting of the islands of Antigua, Montserrat, St. +Christopher, Nevis, Dominica, with their respective dependencies, and +the Virgin Islands), the Windward Islands (consisting of St. Lucia, +St. Vincent, and their dependencies, but exclusive of Grenada and its +dependencies), and into the colony of British Guiana on and after +April 1, 1892: + + + Table No. 1.--Applicable to British Guiana, Trinidad and Tobago, + Barbados, the Leeward Islands, and the Windward Islands Excepting + the Island of Grenada. + + + SCHEDULE A. + + Articles to be admitted free of all customs duty and any other national, + colonial, or municipal charges: + + 1. Animals, alive, to include only asses, sheep, goats, hogs, and + poultry, and horses for breeding. + + 2. Beef, including tongues, smoked and dried. + + 3. Beef and pork preserved in cans. + + 4. Belting for machinery, of leather, canvas, or india rubber. + + 5. Boats and lighters. + + 6. Books,[27] bound or unbound, pamphlets, newspapers, and printed + matter in all languages. + + 7. Bones and horns. + + 8. Bottles of glass or stone ware. + + 9. Bran, middlings, and shorts. + + 10. Bridges of iron or wood, or of both combined, + + 11. Brooms, brushes, and whisks of broom straw. + + 12. Candles, tallow. + + 13. Carts, wagons, cars, and barrows, with or without springs, for + ordinary roads and agricultural use, not including vehicles of + pleasure. + + 14. Clocks, mantel or wall. + + 15. Copper, bronze, zinc, and lead articles, plain and nickel plated, + for industrial and domestic uses and for building. + + 16. Cotton seed and its products. + + 17. Crucibles and melting pots of all kinds. + + 18. Eggs. + + 19. Fertilizers of all kinds, natural and artificial. + + 20. Fish, fresh or on ice, and salmon and oysters in cans. + + 21. Fishing apparatus of all kinds. + + 22. Fruits and vegetables, fresh and dried, when not canned, tinned, + or bottled. + + 23. Gas fixtures and pipes. + + 24. Gold and silver coin of the United States, and bullion. + + 25. Hay and straw for forage. + + 26. Houses of wood, complete. + + 27. Ice. + + 28. India-rubber and gutta-percha goods, including waterproof clothing + made wholly or in part thereof. + + 29. Implements, utensils, and tools for agriculture, exclusive of + cutlasses and forks. + + 30. Lamps and lanterns. + + 31. Lime of all kinds. + + 32. Locomotives, railway rolling stock, rails, railway ties, and all + materials and appliances for railways and tramways. + + 33. Marble or alabaster, in the rough or squared, worked or carved, + for building purposes or monuments. + + 34. Medicinal extracts and preparations of all kinds, including + proprietary or patent medicines, but exclusive of quinine or + preparations of quinine, opium, gange, and bhang. + + 35. Paper of all kinds for printing. + + 36. Paper of wood or straw for wrapping and packing, including surface + coated or glazed. + + 37. Photographic apparatus and chemicals. + + 38. Printers' ink, all colors. + + 39. Printing presses, types, rules, spaces, and all accessories for + printing. + + 40. Quicksilver. + + 41. Resin, tar, pitch, and turpentine. + + 42. Salt. + + 43. Sewing machines and all parts and accessories thereof. + + 44. Shipbuilding materials and accessories of all kinds, when used in + the construction, equipment, or repair of vessels or boats of any + kind, except rope and cordage of all kinds, including wire rope. + + 45. Starch of Indian corn or maize. + + 46. Steam and power engines, and machines, machinery, and apparatus, + whether stationary or portable, worked by power or by hand, for + agriculture, irrigation, mining, the arts and industries of all + kinds, and all necessary parts and appliances for the erection + or repair thereof or the communication of motive power thereto. + + 47. Steam boilers and steam pipes. + + 48. Sulphur. + + 49. Tan bark of all kinds, whole or ground. + + 50. Telegraph wire, telegraphic, telephonic, and electrical apparatus + and appliances of all kinds for communication or illumination. + + 51. Trees, plants, vines, and seeds and grains of all kinds, for + propagation or cultivation. + + 52. Varnish, not containing spirits. + + 53. Wall papers. + + 54. Watches when not cased in gold or silver, and watch movements + uncased. + + 55. Water pipes of all classes, materials, and dimensions. + + 56. Wire for fences, the hooks, staples, nails, and the like + appliances for fastening the same. + + 57. Yeast cake and baking powders. + + 58. Zinc, tin, and lead, in sheets, asbestus, and tar paper, + for roofing. + + It is understood that the packages or coverings in which the articles + named in the foregoing schedule are imported shall be free of duty if + they are usual and proper for the purpose. + + + SCHEDULE B. + + Articles to be admitted at 50 per cent reduction of the duty designated + in the respective customs tariff now in force in each of said colonies: + + 1. Bacon and bacon hams. + + 2. Boots and shoes made wholly or in part of leather. + + 3. Bread and biscuit. + + 4. Cheese. + + 5. Lard and its compounds. + + 6. Mules. + + 7. Oleomargarine. + + 8. Shooks and staves. + + + SCHEDULE C. + + Articles to be admitted at 25 per cent reduction of the duty designated + in the respective customs tariff now in force in each of said colonies: + + 1. Beef, salted or pickled. + + 2. Corn or maize. + + 3. Corn meal. + + 4. Flour of wheat. + + 5. Lumber of pitch pine, in rough or prepared for buildings. + + 6. Petroleum and its products, crude or refined. + + 7. Pork, salted or pickled. + + 8. Wheat. + + It is understood that No. 4 of this schedule shall not apply to the + colony of Trinidad, but it is stipulated that the duty on flour in + said colony shall not exceed 75 cents per barrel. + + + +And that the Government of Great Britain has by due legal enactment +authorized the admission, from and after February 1, 1892, of the +articles or merchandise named in the following schedules, on the terms +stated therein, into the British colony of Jamaica and its dependencies: + + + Table No. 2.--Applicable to the Colony of Jamaica and its Dependencies. + + + SCHEDULE A. + + Articles to be admitted free of all customs duty and any other + national, colonial, or municipal charges: + + 1. Animals, alive, and poultry. + + 2. Beef, including tongues, smoked and dried. + + 3. Beef and pork preserved in cans. + + 4. Belting for machinery, of leather, canvas, or india rubber. + + 5. Boats and lighters. + + 6. Books,[28] bound or unbound, pamphlets, newspapers, and printed + matter in all languages. + + 7. Bones and horns. + + 8. Bottles of glass or stone ware. + + 9. Bran, middlings, and shorts. + + 10. Bridges of iron or wood, or of both combined. + + 11. Brooms, brushes, and whisks or broom straw. + + 12. Candles, tallow. + + 13. Carts, wagons, cars, and barrows, with or without springs, for + ordinary roads and agricultural use, not including vehicles + of pleasure. + + 14. Coal and coke. + + 15. Clocks, mantel or wall. + + 16. Cotton seed and its products, to include meal, meal cake, oil, + and cottolene. + + 17. Crucibles and melting pots of all kinds. + + 18. Drawings, paintings, engravings, lithographs, and photographs + + 19. Eggs. + + 20. Fertilizers of all kinds, natural and artificial. + + 21. Fish, fresh or on ice, and oysters in cans. + + 22. Fishing apparatus of all kinds. + + 23. Fruits and vegetables, fresh and dried, when not canned, tinned, + or bottled. + + 24. Gas fixtures and pipes. + + 25. Gold and silver coin of the United States, and bullion. + + 26. Hay and straw for forage. + + 27. Houses of wood, complete. + + 28. Ice. + + 29. India-rubber and gutta-percha goods, including waterproof clothing + made wholly or in part thereof. + + 30. Implements, utensils, and tools for agriculture, exclusive of + cutlasses and forks. + + 31. Iron, galvanized. + + 32. Iron for roofing. + + 33. Lamps and lanterns, not exceeding 10 shillings each in value. + + 34. Lime of all kinds. + + 35. Locomotives, railway rolling stock, rails, railway ties, and all + materials and appliances for railways and tramways. + + 36. Marble or alabaster, in the rough or squared, worked or carved, + for building purposes or monuments. + + 37. Paper of all kinds for printing. + + 38. Paper of wood or straw for wrapping and packing, including surface + coated or glazed. + + 39. Photographic apparatus and chemicals. + + 40. Printers' ink, all colors. + + 41. Printing presses, types, rules, spaces, and all accessories for + printing. + + 42. Proprietary or patent medicines, recommended by their proprietors as + calculated to cure disease or alleviate pain in the human subject. + + 43. Quicksilver. + + 44. Resin, tar, pitch, and turpentine. + + 45. Sewing machines and all parts and accessories thereof. + + 46. Shipbuilding materials and accessories of all kinds, when used in + the construction, equipment, or repair of vessels or boats of any + kind, except rope and cordage of all kinds, including wire rope, + and subject to specific regulations to avoid abuse in the + importation. + + 47. Shocks and staves. + + 48. Starch of Indian corn or maize. + + 49. Steam and power engines, and machines, machinery, and apparatus, + whether stationary or portable, worked by power or by hand, for + agriculture, irrigation, mining, the arts and industries of all + kinds, and all necessary parts and appliances for the erection + or repair thereof or the communication of motive power thereto. + + 50. Steam boilers and steam pipes. + + 51. Sugar, refined. + + 52. Sulphur. + + 53. Tallow and animal greases. + + 54. Tan bark of all kinds, whole or ground. + + 55. Telegraph wire, telegraphic, telephonic, and electrical apparatus + and appliances of all kinds for communication or illumination. + + 56. Trees, plants, vines, and seeds and grains of all kinds for + propagation or cultivation. + + 57. Varnish, not containing spirits. + + 58. Wall papers. + + 59. Watches when not cased in gold or silver, and watch movements + uncased. + + 60. Water pipes of all classes, materials, and dimensions. + + 61. Wire for fences, with the hooks, staples, nails, and the like + appliances for fastening the same. + + 62. Yeast cake and baking powders. + + 63. Zinc, tin, and lead, in sheets, asbestus, and tar paper, for + roofing. + + It is understood that the packages or coverings in which the articles + named in the foregoing schedule are imported shall be free of duty if + they are usual and proper for the purpose. + + + SCHEDULE B. + + Articles to be admitted at 50 per cent reduction of the duty designated + in the customs tariff now in force: + + 1. Bacon and bacon hams. + + 2. Bread and biscuit. + + 3. Butter. + + 4. Cheese. + + 5. Lard and its compounds. + + Lumber of pitch pine, in rough or prepared for buildings, to be reduced + to 9 shillings per 1,000 feet. + + + SCHEDULE C. + + Articles to be admitted at 25 per cent reduction of the duty designated + in the customs tariff now in force: + + 1. Beef, salted or pickled. + + 2. Corn and maize. + + 3. Corn meal. + + 4. Oats. + + 5. Petroleum and its products, crude or refined. + + 6. Pork, salted or pickled. + + 7. Wheat. + + +And whereas the Secretary of State has, by my direction, given the +assurance to the envoy extraordinary and minister plenipotentiary of +Great Britain at Washington that this action of the Government of Great +Britain in granting remissions and alterations of duties in the British +colonies above mentioned is accepted as a due reciprocity for the action +of Congress as set forth in section 3 of said act: + +Now, therefore, be it known that I, Benjamin Harrison, President of the +United States of America, have caused the above-stated modifications of +the tariff laws of the aforesaid British colonies to be made public for +the information of the citizens of the United States of America. + +In testimony whereof I have hereunto set my hand and caused the seal of +the United States to be affixed. + +[SEAL.] + +Done at the city of Washington, this 1st day of February, 1892, and of +the Independence of the United States of America the one hundred and +sixteenth. + +BENJ. HARRISON. + +By the President: + JAMES G. BLAINE, + _Secretary of State_. + +[Footnote 27: The importation of books is subject to the provisions of +copyright laws.] + +[Footnote 28: The importation of books is subject to the provisions of +copyright laws.] + + + +BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. + +A PROCLAMATION. + +Whereas, pursuant to section 3 of the act of Congress approved October +1, 1890, entitled "An act to reduce the revenue and equalize duties on +imports and for other purposes," the attention of the Government of the +German Empire was called to the action of the Congress of the United +States of America, with a view to secure reciprocal trade, in declaring +the articles enumerated in said section 3 to be exempt from duty upon +their importation into the United States of America; and + +Whereas the charge d'affaires of the German Empire at Washington has +communicated to the special plenipotentiary of the United States the +fact that, in view of the act of Congress above cited, the German +Imperial Government has by due legal enactment authorized the admission, +from and after February 1, 1892, into the German Empire of the articles +or merchandise the product of the United States of America named in the +following schedule, on the terms stated therein: + + + _Schedules of articles to be admitted into Germany_. + + Articles. Rate of duty per + 100 kilograms. + + _Marks_. + + 1. Bran; malted germs Free. + 2. Flax, raw, dried, broken, or hatcheled; also refuse portions Free. + 3. Wheat 3.50 + 4. Rye 3.50 + 5. Oats 2.80 + 6. Buckwheat 2.00 + 7. Pulse 1.50 + 8. Other kinds of grain not specially mentioned 1.00 + 9. Barley 2.00 + 10. Rape seed, turnip seed, poppy, sesame, peanuts, and other + oleaginous products not specially mentioned 2.00 + 11. Maize (Indian corn) 1.60 + 12. Malt (malted barley) 3.60 + 13. Anise, coriander, fennel, and caraway seed 3.00 + 14. Agricultural productions not otherwise designated Free. + 15. Horsehair, raw, hatcheled, boiled, dyed, also laid in + the form of tresses and spun; bristles; raw bed feathers Free. + 16. Bed feathers, cleaned and prepared Free. + 17. Hides and skins, raw (green, salted, limed, dried), + and stripped of the hair for the manufacture of leather Free. + 18. Charcoal Free. + 19. Bark of wood and tan bark Free. + 20. Lumber and timber: + + (a) Raw or merely roughhewn with ax or saw, with or without + bark; oaken barrel staves 0.20 + + (b) Marked in the direction of the longitudinal axis, or + prepared or cut otherwise than by roughhewing; barrel + staves not included under (a); unpeeled osiers and + hoops; hubs, fellies, and spokes 0.30 + + (c) Sawed in the direction of the longitudinal axis; + unplaned boards; sawed cantle woods and other articles + sawn or hewn 0.80 + + 21. Wood in cut veneering; unglued, unstained parts of floors 5.00 + 22. Hops; also hop meal[29] 14.00 + 23. Butter; also artificial butter 17.00 + 24. Meat, slaughtered, fresh, with the exception of pork 15.00 + 25. Pork, slaughtered, fresh, and dressed meat, with the + exception of bacon, fresh or prepared 17.00 + 26. Game of all kinds (not alive) 20.00 + 27. Cheese, except Strecchino, Gorgonzola, and Parmesan 20.00 + 28. Fruit, seeds, berries, leaves, flowers, mushrooms, + vegetables, dried, baked, pulverized, only boiled down + or salted--all these products so far as they are not + included under other numbers of the tariff; juices of + fruits, berries, and turnips, preserved without sugar, + to be eaten; dry nuts 4.00 + 39. Mill products of grain and pulse, to wit, ground or + shelled grains, peeled barley, groats, grits, flour, + common cakes (bakers' products) 7.30 + 30. Residue, solid, from the manufacture of fat oils, + also ground Free. + 31. Goose grease and other greasy fats, such as oleomargarine, + sperfett (a mixture of stearic fats with oil), beef marrow 10.00 + 32. Live animals and animal products not mentioned elsewhere; + also beehives with live bees Free. + + 33. Horses (remarks) each 20.00 + (a) Horses up to 2 years old do 10.00 + (b) Colts following their dams Free. + 34. Bulls and cows 9.00 + 35. Oxen 25.50 + 36. Calves less than 6 weeks old 3.00 + 37. Hogs 5.00 + 38. Pigs weighing less than 10 kilograms 1.00 + 39. Sheep 1.00 + 40. Lambs 0.50 + 41. Wool, including animal hair not mentioned elsewhere, + as well as stuffs made thereof: + (a) Wool, raw, dyed, ground; also hair, raw, hatcheled, + boiled, dyed; also curled Free. + + +[Footnote 29: Gross.] + +And whereas the special plenipotentiary of the United States has, by my +direction, given assurance to the charge d'affaires of the German Empire +at Washington that this action of the Government of the German Empire +in granting exemption of duties to the products and manufactures of the +United States of America on their importation into Germany is accepted +as a due reciprocity for the action of Congress as set forth in section +3 of said act: + +Now, therefore, be it known that I, Benjamin Harrison, President of the +United States of America, have caused the above-stated modifications +of the tariff laws of the German Empire to be made public for the +information of the citizens of the United States of America. + +In testimony whereof I have hereunto set my hand and caused the seal of +the United States to be affixed. + +[SEAL.] + +Done at the city of Washington, this 1st day of February, 1892, and of +the Independence of the United States of America the one hundred and +sixteenth. + +BENJ. HARRISON. + +By the President: + JAMES G. BLAINE, + _Secretary of State_. + + + +BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. + +A PROCLAMATION. + +Whereas it is provided by section 24 of the act of Congress approved +March 3, 1891, entitled "An act to repeal timber-culture laws, and for +other purposes"-- + + That the President of the United States may from time to time set + apart and reserve in any State or Territory having public land bearing + forests, in any part of the public lands wholly or in part covered with + timber or undergrowth, whether of commercial value or not, as public + reservations; and the President shall by public proclamation declare + the establishment of such reservations and the limits thereof. + + +And whereas the public lands in the State of Colorado within the limits +hereafter described are in part covered with timber, and it appears that +the public good would be promoted by setting apart and reserving said +lands as a public reservation: + +Now, therefore, I, Benjamin Harrison, President of the United States, +by virtue of the power in me vested by section 24 of the aforesaid act +of Congress, do hereby make known and proclaim that there is hereby +reserved from entry or settlement and set apart as a public reservation +all those certain tracts, pieces, or parcels of land lying and being +situate in the State of Colorado and particularly described as follows, +to wit: + +Commencing at the northeast corner of section four (4), township eleven +(11) north, range sixty-seven (67) west of the sixth (6th) principal +meridian; thence proceeding westerly along the township line between +townships ten (10) and eleven (11) south to the northwest corner of +section six (6), township eleven (11) south, range sixty-eight (68) +west; thence southerly along the range line between ranges sixty-eight +(68) and sixty-nine (69) west to the southwest corner of section +eighteen (18), township thirteen (13) south, range sixty-eight (68) +west; thence westerly along the section line to the northwest corner of +section nineteen (19), township thirteen (13) south, range sixty-nine +(69) west; thence southerly along the range line between ranges +sixty-nine (69) and seventy (70) west to the southwest corner of section +thirty-one (31), township thirteen (13) south, range sixty-nine (69) +west; thence east along the township line between townships thirteen +(13) and fourteen (14) south to the half-section corner on said township +line of section two (2), township fourteen (14) south, range sixty-nine +(69) west; thence southerly through the middle of sections two (2), +eleven (11), and fourteen (14) to a point in the middle of the north +line of section twenty-three (23) of said township and range; thence +easterly along said northern section line to the northeast corner of +said section; thence southerly between sections twenty-three (23) and +twenty-four (24) to the middle of the east line of section twenty-three +(23); thence easterly through the middle of section twenty-four (24) to +the middle of the east line of said section twenty-four (24), township +fourteen (14) south, range sixty-nine (69) west; thence southerly along +the range line between ranges sixty-eight (68) and sixty-nine (69) west +to the southwest corner of section thirty-one (31), township fifteen +(15) south, range sixty-eight (68) west; thence east along the township +line between townships fifteen (15) and sixteen (16) south to the +southeast corner of section thirty-four (34), township fifteen (15) +south, range sixty-seven (67) west; thence northerly along the section +line to the northeast corner of the southeast quarter of section +twenty-two (22), township fifteen (15) south, range sixty-seven (67) +west; thence westerly to the northwest corner of the southeast quarter +of section twenty-one (21) of said last-named township and range; thence +southerly to the southwest corner of the southeast quarter of section +twenty-eight (28) of said township and range; thence westerly along +the section line to the corner common to sections twenty-five (25), +thirty-one (31), and thirty-six (36) of said township and range; thence +northerly on the section line to the corner common to sections one (1), +six (6), and twelve (12) of said township and range; thence easterly +along the section line to the corner common to sections five (5), six +(6), and eight (8); thence southerly along the section line to the +southwest corner of section eight (8) of said township and range; thence +easterly along the section line to the corner common to sections ten +(10), eleven (11), and fourteen (14) of said township and range; thence +northerly along the section line to the northeast corner of section +three (3); thence westerly to the northwest corner of section three (3) +of said township and range; thence northerly along the section line to +the corner common to sections sixteen (16), twenty-one (21), twenty-two +(22), and fifteen (15), township fourteen (14) south, range sixty-seven +(67) west; thence westerly along the section line to the northwest +corner of section nineteen (19) of said township and range; thence +northerly along the range line between ranges sixty-seven (67) and +sixty-eight (68) to the northeast corner of section one (1), township +fourteen (14) south, range sixty-eight (68) west; thence easterly along +the township line between townships thirteen (13) and fourteen (14) +south to the southeast corner of section thirty-three (33) of township +thirteen (13) south, range sixty-seven (67) west; thence northerly +along the section line to the place of beginning. + +Excepting from the force and effect of this proclamation all surveyed +land which may have been prior to the date hereof embraced in any legal +entry or covered by any lawful filing duly made in the proper United +States land office, all unsurveyed lands on which valid settlement has +been made under any law of the United States, and all mining Claims duly +located and held according to the laws of the United States and rules +and regulations not in conflict therewith. + +_Provided_, That this exception shall not continue to apply to any +particular tract of land unless the entry man, settler, or claimant +continues to comply with the law under which the entry, filing, +settlement, or location was made. + +Warning is hereby expressly given to all persons not to enter or make +settlement upon the tract of land reserved by this proclamation. + +In witness whereof I have hereunto set my hand and caused the seal of +the United States to be affixed. + +[SEAL.] + +Done at the city of Washington, this 11th day of February, A.D. 1892, +and of the Independence of the United States the one hundred and +sixteenth. + +BENJ. HARRISON. + +By the President: + JAMES G. BLAINE, + _Secretary of State_. + + + +BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. + +A PROCLAMATION. + +The following provisions of the laws of the United States are hereby +published for the information of all concerned: + +Section 1956, Revised Statutes, chapter 3, Title XXIII, enacts that-- + + No person shall kill any otter, mink, marten, sable, or fur seal, or + other fur-bearing animal within the limits of Alaska Territory or in + the waters thereof; and every person guilty thereof shall for each + offense be fined not less than $200 nor more than $1,000, or imprisoned + not more than six months, or both; and all vessels, their tackle, + apparel, furniture, and cargo, found engaged in violation of this + section shall be forfeited; but the Secretary of the Treasury shall + have power to authorize the killing of any such mink, marten, sable, or + other fur-bearing animal, except fur seals, under such regulations as + he may prescribe; and it shall be the duty of the Secretary to prevent + the killing of any fur seal and to provide for the execution of the + provisions of this section until it is otherwise provided by law, nor + shall he grant any special privileges under this section. + + SEC. 3. That section 1956 of the Revised Statutes of the United + States is hereby declared to include and apply to all the dominion + of the United States in the waters of Bering Sea; and it shall be the + duty of the President at a timely season in each year to issue his + proclamation, and cause the same to be published for one month at + least in one newspaper (if any such there be) published at each United + States port of entry on the Pacific coast, warning all persons against + entering said waters for the purpose of violating the provisions of + said section; and he shall also cause one or more vessels of the United + States to diligently cruise said waters and arrest all persons and + seize all vessels found to be or to have been engaged in any violation + of the laws of the United States therein. + + +Now, therefore, I, Benjamin Harrison, President of the United States, +pursuant to the above-recited statutes, hereby warn all persons against +entering the waters of Bering Sea within the dominion of the United +States for the purpose of violating the provisions of said section 1956, +Revised Statutes; and I hereby proclaim that all persons found to be or +to have been engaged in any violation of the laws of the United States +in said waters will be arrested and punished as above provided, and that +all vessels so employed, their tackle, apparel, furniture, and cargoes, +will be seized and forfeited. + +In testimony whereof I have hereunto set my hand and caused the seal of +the United States to be affixed, + +[SEAL.] + +Done at the city of Washington, this 15th day of February, 1892, and of +the Independence of the United States the one hundred and sixteenth. + +BENJ. HARRISON. + +By the President: + JAMES G. BLAINE, + _Secretary of State_. + + + +BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. + +A PROCLAMATION. + +Whereas, pursuant to section 3 of the act of Congress approved October +1, 1890, entitled "An act to reduce the revenue and equalize duties on +imports, and for other purposes," the Secretary of State of the United +States of America communicated to the Government of Nicaragua the action +of the Congress of the United States of America, with a view to secure +reciprocal trade, in declaring the articles enumerated in said section 3 +to be exempt from duty upon their importation into the United States of +America; and + +Whereas the envoy extraordinary and minister plenipotentiary of +Nicaragua at Washington has communicated to the Secretary of State the +fact that, in reciprocity for the admission into the United States of +America free of all duty of the articles enumerated in section 3 of +said act, the Government of Nicaragua will by due legal enactment admit +free of all duty, from and after April 15, 1892, into all the ports of +entry of Nicaragua the articles or merchandise named in the following +schedule, provided that the same be the product of the United States: + + + SCHEDULE OF ARTICLES WHICH THE REPUBLIC OF NICARAGUA WILL ADMIT FREE OF + ALL KIND OF DUTY. + + 1. Animals, live. + + 2. Barley, Indian corn, wheat, oats, rye, and rice. + + 3. Seeds of all kinds for agriculture and horticulture. + + 4. Live plants of all kinds. + + 5. Corn meal. + + 6. Starch. + + 7. Beans, potatoes, and all other vegetables, fresh or dried. + + 8. Fruits, fresh or dried. + + 9. Hay, bran, and straw for forage. + + 10. Cotton-seed oil and all other products of said seed. + + 11. Tar, resin, and turpentine. + + 12. Asphalt, crude or manufactured in blocks. + + 13. Quicksilver for mining purposes. + + 14. Coal, mineral or animal. + + 15. Fertilizers for land. + + 16. Lime and cement. + + 17. Wood and lumber, in the rough or prepared for building purposes. + + 18. Houses of wood or iron. + + 19. Marble, in the rough or dressed, for fountains, gravestones, and + building purposes. + + 20. Tools and implements for agricultural and horticultural purposes. + + 21. Wagons, carts, and handcarts. + + 22. Iron and steel, in rails for railroads and other similar uses, and + structural iron and steel for bridges and building purposes. + + 23. Wire, for fences, with or without barbs, clamps, posts, clips, and + other accessories of wire, not less than 3 lines in diameter. + + 24. Machinery of all kinds for agricultural purposes, arts, and trades, + and parts of such machinery. + + 25. Motors of steam or animal power. + + 26. Forgers, water pumps of metal, pump hose, sledge hammers, drills for + mining purposes, iron piping with its keys and faucets, crucibles + for melting metals, iron water tanks, and lightning rods. + + 27. Roofs of galvanized iron, gutters, ridging, clamps, and screws for + the same. + + 28. Printing materials. + + 29. Books, pamphlets, and other printed matter, and ruled paper for + printed music, printing paper in sheets not less than 29 by 20 + inches. + + 30. Geographical maps or charts and celestial and terrestrial spheres + or globes. + + 31. Surgical and mathematical instruments. + + 32. Stones and fire bricks for smelting furnaces. + + 33. Vessels and boats of all kinds, fitted together or in parts. + + 34. Gold and silver in bullion, bars, or coin. + + It is understood that the packages or coverings in which the articles + named in the foregoing schedule are imported shall be free of duty if + they are usual and proper for the purpose. + + +And that the Government of Nicaragua has further stipulated that the +laws and regulations adopted to protect its revenue and prevent fraud +in the declarations and proof that the articles named in the foregoing +schedule are the product of the United States of America shall impose +no undue restrictions on the importer nor additional charges on the +articles imported; and + +Whereas the Secretary of State has, by my direction, given assurance to +the envoy extraordinary and minister plenipotentiary of Nicaragua at +Washington that this action of the Government of Nicaragua in granting +freedom of duties to the products of the United States of America on +their importation into Nicaragua is accepted as a due reciprocity for +the action of Congress as set forth in section 3 of said act: + +Now, therefore, be it known that I, Benjamin Harrison, President of the +United States of America, have caused the above-stated modifications of +the tariff laws of Nicaragua to be made public for the information of +the citizens of the United States of America. + +In testimony whereof I have hereunto set my hand and caused the seal of +the United States to be affixed. + +[SEAL.] + +Done at the city of Washington, this 12th day of March, 1892, and of the +Independence of the United States of America the one hundred and +sixteenth. + +BENJ. HARRISON. + +By the President: + WILLIAM F. WHARTON, + _Acting Secretary of State_. + + + +BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. + +A PROCLAMATION. + +Whereas in section 3 of an act passed by the Congress of the United +States entitled "An act to reduce the revenue and equalize duties on +imports, and for other purposes," approved October 1, 1890, it was +provided as follows: + + That with a view to secure reciprocal trade with countries producing + the following articles, and for this purpose, on and after the 1st + day of January, 1892, whenever and so often as the President shall be + satisfied that the government of any country producing and exporting + sugars, molasses, coffee, tea, and hides, raw and uncured, or any of + such articles, imposes duties or other exactions upon the agricultural + or other products of the United States which, in view of the free + introduction of such sugar, molasses, coffee, tea, and hides into the + United States, he may deem to be reciprocally unequal and unreasonable, + he shall have the power and it shall be his duty to suspend, by + proclamation to that effect, the provisions of this act relating to the + free introduction of such sugar, molasses, coffee, tea, and hides the + production of such country for such time as he shall deem just; and in + such case and during such suspension duties shall be levied, collected, + and paid upon sugar, molasses, coffee, tea, and hides the product of or + exported from such designated country-- + + +the duties hereinafter set forth; and + +Whereas it has been established to my satisfaction and I find the fact +to be that the Government of Colombia does impose duties or other +exactions upon the agricultural and other products of the United States +which, in view of the free introduction of such sugars, molasses, +coffee, tea, and hides into the United States, in accordance with the +provisions of said act, I deem to be reciprocally unequal and +unreasonable: + +Now, therefore, I, Benjamin Harrison, President of the United States of +America, by virtue of the authority vested in me by section 3 of said +act, by which it is made my duty to take action, do hereby declare +and proclaim that the provisions of said act relating to the free +introduction of sugars, molasses, coffee, tea, and hides the production +of Colombia shall be suspended from and after this 15th day of March, +1892, and until such time as said unequal and unreasonable duties and +exactions are removed by Colombia and public notice of that fact given +by the President of the United States; and I do hereby proclaim that on +and after this 15th day of March, 1892, there will be levied, collected, +and paid upon sugars, molasses, coffee, tea, and hides the product of or +exported from Colombia during such suspension duties as provided by said +act, as follows: + + All sugars not above No. 13 Dutch standard in color shall pay duty on + their polariscopic tests as follows, namely: + + All sugars not above No. 13 Dutch standard in color, all tank bottoms, + sirups of cane juice or of beet juice, melada, concentrated melada, + concrete and concentrated molasses, testing by the polariscope not + above 75 deg., seven-tenths of 1 cent per pound, and for every additional + degree or fraction of a degree shown by the polariscopic test + two-hundredths of 1 cent per pound additional. + + All sugars above No. 13 Dutch standard in color shall be classified + by the Dutch standard of color and pay duty as follows, namely: + + All sugars above No. 13 and not above No. 16 Dutch standard of color, + 1-3/8 cents per pound. + + All sugars above No. 16 and not above No. 20 Dutch standard of color, + 1-5/8 cents per pound. + + All sugars above No. 20 Dutch standard of color, 2 cents per pound. + + Molasses testing above 56 deg., 4 cents per gallon. + + Sugar drainings and sugar sweepings shall be subject to duty either as + molasses or sugar, as the case may be, according to polariscopic test. + + On coffee, 3 cents per pound. + + On tea, 10 cents per pound. + + Hides, raw or uncured, whether dry, salted, or pickled; Angora-goat + skins, raw, without the wool, unmanufactured; asses' skins, raw or + unmanufactured, and skins, except sheepskins, with the wool on, 1-1/2 + cents per pound. + + +In witness whereof I have hereunto set my hand and caused the seal of +the United States to be affixed. + +[SEAL.] + +Done at the city of Washington, this 15th day of March, 1892, and of the +Independence of the United States of America the one hundred and +sixteenth. + +BENJ. HARRISON. + +By the President: + WILLIAM F. WHARTON, + _Acting Secretary of State_. + + + +BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. + +A PROCLAMATION. + +Whereas in section 3 of an act passed by the Congress of the United +States entitled "An act to reduce the revenue and equalize duties on +imports, and for other purposes," approved October 1, 1890, it was +provided as follows: + + That with a view to secure reciprocal trade with countries producing + the following articles, and for this purpose, on and after the 1st + day of January, 1892, whenever and so often as the President shall be + satisfied that the government of any country producing and exporting + sugars, molasses, coffee, tea, and hides, raw and uncured, or any of + such articles, imposes duties or other exactions upon the agricultural + or other products of the United States which, in view of the free + introduction of such sugar, molasses, coffee, tea, and hides into the + United States, he may deem to be reciprocally unequal and unreasonable, + he shall have the power and it shall be his duty to suspend, by + proclamation to that effect, the provisions of this act relating to the + free introduction of such sugar, molasses, coffee, tea, and hides the + production of such country for such time as he shall deem just; and in + such case and during such suspension duties shall be levied, collected, + and paid upon sugar, molasses, coffee, tea, and hides the product of or + exported from such designated country-- + + +the duties hereinafter set forth; and + +Whereas it has been established to my satisfaction and I find the fact +to be that the Government of Hayti does impose duties or other exactions +upon the agricultural and other products of the United States which, in +view of the free introduction of such sugars, molasses, coffee, tea, and +hides into the United States, in accordance with the provisions of said +act, I deem to be reciprocally unequal and unreasonable: + +Now, therefore, I, Benjamin Harrison, President of the United States +of America, by virtue of the authority vested in me by section 3 of +said act, by which it is made my duty to take action, do hereby declare +and proclaim that the provisions of said act relating to the free +introduction of sugars, molasses, coffee, tea, and hides the production +of Hayti shall be suspended from and after this 15th day of March, +1892, and until such time as said unequal and unreasonable duties and +exactions are removed by Hayti and public notice of that fact given by +the President of the United States; and I do hereby proclaim that on and +after this 15th day of March, 1892, there will be levied, collected, and +paid upon sugars, molasses, coffee, tea, and hides the product of or +exported from Hayti during such suspension duties as provided by said +act, as follows: + + All sugars not above No. 13 Dutch standard in color shall pay duty on + their polariscopic tests as follows, namely: + + All sugars not above No. 13 Dutch standard in color, all tank bottoms, + sirups of cane juice or of beet juice, melada, concentrated melada, + concrete and concentrated molasses, testing by the polariscope not + above 75 deg., seven-tenths of 1 cent per pound and for every additional + degree or fraction of a degree shown by the polariscopic test + two-hundredths of 1 cent per pound additional. + + All sugars above No. 13 Dutch standard in color shall be classified by + the Dutch standard of color and pay duty as follows, namely: + + All sugar above No. 13 and not above No. 16 Dutch standard of color, + 1-3/8 cents per pound. + + All sugar above No. 16 and not above No. 20 Dutch standard of color, + 1-5/8 cents per pound. + + All sugars above No. 20 Dutch standard of color, 2 cents per pound. + + Molasses testing above 56 deg., 4 cents per gallon. + + Sugar drainings and sugar sweepings shall be subject to duty either as + molasses or sugar, as the case may be, according to polariscopic test. + + On coffee, 3 cents per pound. + + On tea, 10 cents per pound. + + Hides, raw or uncured, whether dry, salted, or pickled; Angora-goat + skins, raw, without the wool, unmanufactured; asses' skins, raw or + unmanufactured, and skins, except sheepskins, with the wool on, 1-1/2 + cents per pound. + + +In witness whereof I have hereunto set my hand and caused the seal of +the United States to be affixed. + +[SEAL.] + +Done at the city of Washington, this 15th day of March, 1892, and of the +Independence of the United States of America the one hundred and +sixteenth. + +BENJ. HARRISON. + +By the President: + WILLIAM F. WHARTON, + _Acting Secretary of State_. + + + +BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. + +A PROCLAMATION. + +Whereas in section 3 of an act passed by the Congress of the United +States entitled "An act to reduce the revenue and equalize duties on +imports, and for other purposes," approved October 1, 1890, it was +provided as follows: + + That with a view to secure reciprocal trade with countries producing + the following articles, and for this purpose, on and after the 1st + day of January, 1892, whenever and so often as the President shall be + satisfied that the government of any country producing and exporting + sugars, molasses, coffee, tea, and hides, raw and uncured, or any of + such articles, imposes duties or other exactions upon the agricultural + or other products of the United States which, in view of the free + introduction of such sugar, molasses, coffee, tea, and hides into the + United States, he may deem to be reciprocally unequal and unreasonable, + he shall have the power and it shall be his duty to suspend, by + proclamation to that effect, the provisions of this act relating to the + free introduction of such sugar, molasses, coffee, tea, and hides the + production of such country for such time as he shall deem just; and in + such case and during such suspension duties shall be levied, collected, + and paid upon sugar, molasses, coffee, tea, and hides the product of or + exported from such designated country-- + + +the duties hereinafter set forth; and + +Whereas it has been established to my satisfaction and I find the fact +to be that the Government of Venezuela does impose duties or other +exactions upon the agricultural and other products of the United States +which, in view of the free introduction of such sugars, molasses, +coffee, tea, and hides into the United States, in accordance with the +provisions of said act, I deem to be reciprocally unequal and +unreasonable: + +Now, therefore, I, Benjamin Harrison, President of the United States +of America, by virtue of the authority vested in me by section 3 of +said act, by which it is made my duty to take action, do hereby declare +and proclaim that the provisions of said act relating to the free +introduction of sugars, molasses, coffee, tea, and hides the production +of Venezuela shall be suspended from and after this 15th day of March, +1892, and until such time as said unequal and unreasonable duties and +exactions are removed by Venezuela and public notice of that fact given +by the President of the United States; and I do hereby proclaim that on +and after this 15th day of March, 1892, there will be levied, collected, +and paid upon sugars, molasses, coffee, tea, and hides the product of or +exported from Venezuela during such suspension duties as provided by +said act, as follows: + + All sugars not above No. 13 Dutch standard in color shall pay duty on + their polariscopic tests as follows, namely: + + All sugars not above No. 13 Dutch standard in color, all tank bottoms, + sirups of cane juice or of beet juice, melada, concentrated melada, + concrete and concentrated molasses, testing by the polariscope not + above 75 deg., seven-tenths of 1 cent per pound, and for every additional + degree or fraction of a degree shown by the polariscopic test + two-hundredths of 1 cent per pound additional. + + All sugars above No. 13 Dutch standard in color shall be classified + by the Dutch standard of color and pay duty as follows, namely: + + All sugar above No. 13 and not above No. 16 Dutch standard of color, + 1-3/8 cents per pound. + + All sugar above No. 16 and not above No. 20 Dutch standard of color, + 1-5/8 cents per pound. + + All sugars above No. 20 Dutch standard of color, 2 cents per pound. + + Molasses testing above 56 deg., 4 cents per gallon. + + Sugar drainings and sugar sweepings shall be subject to duty either as + molasses or sugar, as the case may be, according to polariscopic test. + + On coffee, 3 cents per pound. + + On tea, 10 cents per pound. + + Hides, raw or uncured, whether dry, salted, or pickled; Angora-goat + skins, raw, without the wool, unmanufactured; asses' skins, raw or + unmanufactured, and skins, except sheepskins, with the wool on, 1-1/2 + cents per pound. + + +In witness whereof I have hereunto set my hand and caused the seal of +the United States to be affixed. + +[SEAL.] + +Done at the city of Washington, this 15th day of March, 1892, and of the +independence of the United States of America the one hundred and +sixteenth. + +BENJ. HARRISON. + +By the President: + WILLIAM F. WHARTON, + _Acting Secretary of State_. + + + +BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. + +A PROCLAMATION. + +Whereas it is provided by section 24 of an act approved March 3, 1891, +entitled "An act to repeal timber-culture laws, and for other +purposes"-- + + That the President of the United States may from time to time set apart + and reserve in any State or Territory having public land bearing + forests, in any part of the public lands wholly or in part covered with + timber or undergrowth, whether of commercial value or not, as public + reservations; and the President shall by public proclamation declare + the establishment of such reservations and the limits thereof. + + +And whereas the lands hereinafter described are public and +forest bearing, and on the 11th day of February last I issued a +proclamation[30] intended to reserve the same as authorized in said act; +but as some question has arisen as to the boundaries proclaimed being +sufficiently definite to cover the lands intended to be reserved: + +Now, therefore, I, Benjamin Harrison, President of the United States, +for the purpose of removing any doubt and making the boundaries of said +reservation more definite, by virtue of the power in me vested by said +act, do hereby issue this my second proclamation and hereby set apart, +reserve, and establish as a public reservation all that tract of land +situate in the State of Colorado embraced within the following boundary: + +Beginning at the northeast corner of section four (4), township eleven +(11) south, range sixty-seven (67) west of the sixth (6th) principal +meridian; thence westerly along the second (2d) correction line south +between townships ten (10) and eleven (11) south to the northwest corner +of section six (6), township eleven (11) south, range sixty-eight (68) +west; thence southerly along the range line between ranges sixty-eight +(68) and sixty-nine (69) west to the southwest corner of section +eighteen (18), township thirteen (13) south, range sixty-eight (68) +west; thence westerly along the section line between sections thirteen +(13) and twenty-four (24), fourteen (14) and twenty-three (23), fifteen +(15) and twenty-two (22), sixteen (16) and twenty-one (21), seventeen +(17) and twenty (20), and eighteen (18) and nineteen (19) to the +northwest corner of section nineteen (19), township thirteen (13) south, +range sixty-nine (69) west; thence southerly along the range line +between ranges sixty-nine (69) and seventy (70) west to the southwest +corner of section thirty-one (31) of said township; thence easterly +along the township line between townships thirteen (13) and fourteen +(14) south to the quarter-section corner on said township line between +section thirty-five (35), township thirteen (13) south, range sixty-nine +(69) west, and section two (2), township fourteen (14) south, range +sixty-nine (69) west; thence southerly through the middle of sections +two (2), eleven (11), and fourteen (14), township fourteen (14) south, +range sixty-nine (69) west, to the quarter-section corner on the section +line between sections fourteen (14) and twenty-three (23) of said +township and range; thence easterly along said section line to the +northeast corner of section twenty-three (23) of said township and +range; thence southerly along the section line to the quarter-section +corner on said line between sections twenty-three (23) and twenty-four +(24) of said township and range; thence easterly through the middle of +section twenty-four (24) to the quarter-section corner on the range +line between section nineteen (19), township fourteen (14) south, range +sixty-eight (68) west, and section twenty-four (24), township fourteen +(14) south, range sixty-nine (69) west; thence southerly along said +range line to the southwest corner of section thirty-one (31), township +fifteen (15) south, range sixty-eight (68) west; thence easterly along +the third (3d) correction line south between townships fifteen (15) and +sixteen (16) south to the southeast corner of section thirty-four (34), +township fifteen (15) south, range sixty-seven (67) west; thence +northerly along the section line between sections thirty-four (34) and +thirty-five (35), twenty-six (26) and twenty-seven (27), to the point +for the quarter-section corner on the section line between sections +twenty-two (22) and twenty-three (23), township fifteen (15) south, +range sixty-seven (67) west; thence westerly to a point for the legal +center of section twenty-one (21) of said township and range; thence +southerly to the southwest corner of the southeast quarter of section +twenty-eight (28) of said township and range; thence westerly along the +section line between sections twenty-eight (28) and thirty-three (33), +twenty-nine (29) and thirty-two (32), thirty (30) and thirty-one (31), +to the northwest corner of section thirty-one (31) of said township and +range; thence northerly on the range line between ranges sixty-seven +(67) and sixty-eight (68) west to the southwest corner of section six +(6) of said township and range; thence easterly along the section line +to the southeast corner of section six (6) of said township and range; +thence southerly along the section line to the southwest corner of +section eight (8) of said township and range; thence easterly along +the section line to the southeast corner of section ten (10) of said +township and range; thence northerly along the section line between +sections ten (10) and eleven (11), two (2) and three (3), township +fifteen (15) south, range sixty-seven (67) west, to the northeast corner +of section three (3) of said township and range; thence westerly along +the township line between townships fourteen (14) and fifteen (15) south +to the northwest corner of section three (3), township fifteen (15) +south, range sixty-seven (67) west; thence northerly along the +section line between sections thirty-three (33) and thirty-four (34), +twenty-seven (27) and twenty-eight (28), twenty-one (21) and twenty-two +(22), to the northeast corner of section twenty-one (21), township +fourteen (14) south, range sixty-seven (67) west; thence westerly along +the section line between sections sixteen (16) and twenty-one (21), +seventeen (17) and twenty (20), eighteen (18) and nineteen (19), to the +northwest corner of section nineteen (19) of said township and range; +thence northerly along the range line between ranges sixty-seven (67) +and sixty-eight (68) west to the northeast corner of section one (1), +township fourteen (14) south, range sixty-eight (68) west; thence +easterly along the township line between townships thirteen (13) and +fourteen (14) south to the southeast corner of section thirty-three +(33), township thirteen (13) south, range sixty-seven (67) west; thence +northerly along the section line between sections thirty-three (33) and +thirty-four (34), twenty-seven (27) and twenty-eight (28), twenty-one +(21) and twenty-two (22), fifteen (15) and sixteen (16), nine (9) and +ten (10), and three (3) and four (4) of townships thirteen (13), twelve +(12), and eleven (11) south, range sixty-seven (67) west, to the place +of beginning. + +Excepting from the force and effect of this proclamation all lands which +may have been prior to the date hereof embraced in any legal entry or +covered by any lawful filing duly of record in the proper United States +land office, or upon which any valid settlement has been made pursuant +to law and the statutory period within which to make entry or filing of +record has not expired, and all mining claims duly located and held +according to the laws of the United States and rules and regulations not +in conflict therewith. + +_Provided_, That this exception shall not continue to apply to any +particular tract of land unless the entryman, settler, or claimant +continues to comply with the law under which the entry, filing, +settlement, or location was made. + +Warning is hereby expressly given to all persons not to enter or make +settlement upon the tract of land reserved by this proclamation. + +In witness whereof I have hereunto set my hand and caused the seal of +the United States to be affixed. + +[SEAL.] + +Done at the city of Washington, this 18th day of March, A.D. 1892, and +of the Independence Of the United States the one hundred and sixteenth. + +BENJ. HARRISON. + +By the President: + WILLIAM F. WHARTON, + _Acting Secretary of State_. + +[Footnote 30: See pp. 260-262.] + + + +BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. + +A PROCLAMATION. + +Whereas by the third article of the treaty between the United States of +America and the Sisseton and Wahpeton bands of Dakota or Sioux Indians +concluded February 19, 1867, proclaimed May 2, 1867 (15 U.S. Statutes +at Large, p, 505), the United States set apart and reserved for certain +of said Indians certain lands, particularly described, being situated +partly in North Dakota and partly in South Dakota and known as the Lake +Traverse Reservation; and + +Whereas by agreement made with said Indians residing on said reservation +dated December 12, 1889, they conveyed, as set forth in article 1 +thereof, to the United States all their title and interest in and to all +the unallotted lands within the limits of the reservation set apart as +aforesaid remaining after the allotments shall have been made, which are +provided for in article 4 of the agreement, as follows: + + That there shall be allotted to each individual member of the bands of + Indians parties hereto a sufficient quantity, which, with the lands + heretofore allotted, shall make in each case 160 acres, and in case no + allotment has been made to any individual member of said bands, then + an allotment of 160 acres shall be made to such individual. + + +And whereas it is provided in article 2 of said agreement-- + + That the cession, sale, relinquishment, and conveyance of the lands + described in article 1 of this agreement shall not take effect and + be in force until the sum of $342,778.37, together with the sum of + $18,400, shall have been paid to said bands of Indians, as set forth + and stipulated in article 3 of this agreement. + + +And whereas it is provided in the act of Congress approved March 3, 1891 +(26 U.S. Statutes at Large, pp. 1036-1038), section 30, accepting and +ratifying the agreement with said Indians-- + + That the lands by said agreement ceded, sold, relinquished, and + conveyed to the United States shall immediately, upon the payment + to the parties entitled thereto of their share of the funds made + immediately available by this act, and upon the completion of the + allotments as provided for in said agreement, be subject only to entry + and settlement under the homestead and town-site laws of the United + States, excepting the sixteenth and thirty-sixth sections of said + lands, which shall be reserved for common-school purposes and be + subject to the laws of the State wherein located: _Provided_, That + patents shall not issue until the settler or entryman shall have paid + to the United States the sum of $2.50 per acre for the land taken up + by such homesteader, and the title to the lands so entered shall remain + in the United States until said money is duly paid by such entryman or + his legal representatives, or his widow, who shall have the right to + pay the money and complete the entry of her deceased husband in her + own name and shall receive a patent for the same. + + +And whereas payment as required by said act has been made by the United +States; and + +Whereas allotments as provided for in said agreement, as now appears +by the records of the Department of the Interior, will have been made, +approved, and completed and all other terms and considerations required +will have been complied with on the day and hour hereinafter fixed for +opening said lands to settlement: + +Now, therefore, I, Benjamin Harrison, President of the United States, +do hereby declare and make known that all of the lands embraced in said +reservation, saving and excepting the lands reserved for and allotted to +said Indians and the lands reserved for other purposes in pursuance of +the provisions of said agreement and the said act of Congress ratifying +the same and other the laws relating thereto, will, at and after the +hour of 12 o'clock noon (central standard time) on the 15th day of +April, A.D. 1892, and not before, be opened to settlement under the +terms of and subject to all the terms and conditions, limitations, +reservations, and restrictions contained in said agreements, the +statutes above specified, and the laws of the United States applicable +thereto. + +The lands to be opened for settlement are for greater convenience +particularly described in the accompanying schedule, entitled "Schedule +of lands within the Lake Traverse Reservation opened to settlement by +proclamation of the President dated April 11, 1892," and which schedule +is made a part hereof. + +Warning, moreover, is hereby given that until said lands are opened to +settlement as herein provided all persons save said Indians are +forbidden to enter upon and occupy the same or any part thereof. + +And further notice is hereby given that it has been duly ordered that +the lands mentioned and included in this proclamation shall be, and the +same are, attached to the Fargo and Watertown land districts, in said +States, as follows: + +1. All that portion of the Lake Traverse Reservation commencing at +the northwest corner of said reservation; thence south 12 deg. 2' west, +following the west boundary of the reservation, to the new seventh +standard parallel, or boundary line between the States of North and +South Dakota; thence east, following the new seventh standard parallel +to its intersection with the north boundary of said Indian reservation; +thence northwesterly with said boundary to the place of beginning, is +attached to the Fargo land district, the office of which is now located +at Fargo, N. Dak. + +2. All that portion of the Lake Traverse Reservation commencing at +a point where the new seventh standard parallel intersects the west +boundary of said reservation; thence southerly along the west boundary +of said reservation to its extreme southern limit; thence northerly +along the east boundary of said reservation to Lake Traverse; thence +north with said lake to the northeast corner of the Lake Traverse Indian +Reservation; thence westerly with the north boundary of said reservation +to its intersection with the new seventh standard parallel, or boundary +line between the States of North and South Dakota; thence with the new +seventh standard parallel to the place of beginning, is attached to the +Watertown land district, the office of which is now located at +Watertown, S. Dak. + +In witness whereof I have hereunto set my hand and caused the seal of +the United States to be affixed. + +[SEAL.] + +Done at the city of Washington, this 11th day of April, A.D. 1892, and +of the Independence of the United States the one hundred and sixteenth + +BENJ. HARRISON. + +By the President: + JAMES G. BLAINE, + _Secretary of State_. + + + +BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. + +A PROCLAMATION. + +Whereas by a written agreement made on the ---- day of October, +1890, the Cheyenne and Arapahoe tribes of Indians ceded, conveyed, +transferred, relinquished, and surrendered all their claim, title, and +interest in and to the lands described in article 2 of said agreement +as follows, to wit: + + Commencing at a point where the Washita River crosses the ninety-eighth + degree of west longitude, as surveyed in the years 1858 and 1871; + thence north on a line with said ninety-eighth degree to the point + where it is crossed by the Red Fork of the Arkansas (sometimes called + the Cimarron River); thence up said river, in the middle of the main + channel thereof, to the north boundary of the country ceded to the + United States by the treaty of June 14, 1866, with the Creek Nation + of Indians; thence west on said north boundary and the north boundary + of the country ceded to the United States by the treaty of March 21, + 1866, with the Seminole Indians to the one hundredth degree of west + longitude; thence south on the line of said one hundredth degree to the + point where it strikes the North Fork of the Red River; thence down + said North Fork of the Red River to a point where it strikes the north + line of the Kiowa and Conianclie Reservation; thence east along said + boundary to a point where it strikes the Washita River; thence down + said Washita River, in the middle of the main channel thereof, to the + place of beginning; and all other lands or tracts of country in the + Indian Territory to which they have or may set up or allege any right, + title, interest, or claim whatsoever. + + +_Provided_, That every member of said tribes shall have an allotment +of 160 acres of land, as in said agreement provided, to be selected +within the tract of country so ceded, except land in any part of +said reservation now used or occupied for military, agency, school, +school-farm, religious, or other public uses, or in sections 16 or 36 +in each Congressional township, except, in cases where any Cheyenne or +Arapahoe Indian has heretofore made improvements upon and now uses and +occupies a part of said sections 16 and 36, such Indian may make his +or her selection within the boundaries so prescribed so as to include +his or her improvements; and except in that part of the lands by said +agreement ceded, now occupied and claimed by the Wichita and affiliated +bands of Indians described as follows, to wit: + + Commencing at a point in the middle of the main channel of the Washita + River where the ninety-eighth meridian of west longitude crosses the + same; thence up the middle of the main channel of the said river to + the line of 98 deg. 40' west longitude; thence up said line of 98 deg. 40' due + north to the middle of the main channel of the main Canadian River; + thence down the middle of the main Canadian River to where it crosses + the ninety-eighth meridian; thence due south to the place of beginning. + + +_And provided_, That said sections 16 and 36 in each Congressional +township in said reservation shall not become subject to homestead +entry, but shall be held by the United States and finally sold for +public-school purposes; and that when the allotments of lands shall have +been selected and taken by the members of the Cheyenne and Arapahoe +tribes as aforesaid and approved by the Secretary of the Interior the +title thereto shall be held in trust for the allottees, respectively, +for the period of twenty-five years in the manner and to the extent +provided for in the act of Congress approved February 8, 1887 (24 U.S. +Statutes at Large, p. 388); and + +Whereas it is provided in the act of Congress accepting, ratifying, and +confirming the said agreement with the Cheyenne and Arapahoe Indians, +approved March 3, 1891 (26 U.S. Statutes at Large, pp. 989-1044), +section 16-- + + That whenever any of the lands acquired by either of the * * * + foregoing agreements respecting lands in the Indian or Oklahoma + Territory shall by operation of law or proclamation of the President + of the United States be opened to settlement they shall be disposed + of to actual settlers only, under the provisions of the homestead and + town-site laws, except section 2301 of the Revised Statutes of the + United States, which shall not apply: _Provided, however_, That each + settler on said lands shall before making a final proof and receiving + a certificate of entry pay to the United States for the land so taken + by him, in addition to the fees provided by law, and within five years + from the date of the first original entry, the sum of $1.50 per acre, + one-half of which shall be paid within two years; but the rights + of honorably discharged Union soldiers and sailors as defined and + described in sections 2304 and 2305 of the Revised Statutes of the + United States shall not be abridged except as to the sum to be paid + as aforesaid; and all the lands in Oklahoma are hereby declared to be + agricultural lands, and proof of their nonmineral character shall not + be required as a condition precedent to final entry. + + +And whereas allotments of land in severalty to said Cheyenne and +Arapahoe Indians have been made and approved in accordance with law and +the provisions of the before-mentioned agreement with them; and + +Whereas the lands acquired by the said agreement hereinbefore mentioned +have been divided into counties by the Secretary of the Interior, as +required by said last-mentioned act of Congress, before the same shall +be opened to settlement, and lands have been reserved for county-seat +purposes as therein required, as follows, to wit: + +For County C, the south one-half of section 19, township 16 north, range +11 west; for County D, the north one-half of section 13, township 18 +north, range 17 west; for County E, the south one-half of section 15, +township 17 north, range 22 west; for County F, the south one-half of +section 8, township 13 north, range 23 west; for County G, the north +one-half of section 25, township 13 north, range 17 west; for County H, +the south one-half of section 13, township 9 north, range 16 west; and + +Whereas it is provided by act of Congress for temporary government of +Oklahoma, approved May 2, 1890, section 23 (26 U.S. Statutes at Large, +p. 92), that there shall be reserved public highways 4 rods wide between +each section of land in said Territory, the section lines being the +center of said highways; but no deduction shall be made where cash +payments are provided for in the amount to be paid for each quarter +section of land by reason of such reservation; and + +Whereas all the terms, conditions, and considerations required by said +agreement made with said tribes of Indians and by the laws relating +thereto precedent to opening said lands to settlement have been, as +I hereby declare, complied with: + +Now, therefore, I, Benjamin Harrison, President of the United States, +by virtue of the power in me vested by the statutes hereinbefore +mentioned, also an act of Congress entitled "An act making +appropriations for the current and contingent expenses of the Indian +Department and for fulfilling treaty stipulations with various Indian +tribes for the year ending June 30, 1892, and for other purposes," +approved March 3, 1891, and by other of the laws of the United States, +and by said agreement, do hereby declare and make known that all of said +lands hereinbefore described acquired from the Cheyenne and Arapahoe +Indians by the agreement aforesaid, saving and excepting the lands +allotted to the Indians as in said agreement provided, excepting also +the lands hereinbefore described as occupied and claimed by the Wichita +and affiliated bands of Indians, or otherwise reserved in pursuance of +the provisions of said agreement and the said act of Congress ratifying +the same, and other the laws relating thereto, will at the hour of +12 o'clock noon (central standard time), Tuesday, the 19th day of +the present month of April, and not before, be opened to settlement +under the terms of and subject to all the conditions, limitations, +reservations, and restrictions contained in said agreement, the statutes +above specified, and the laws of the United States applicable thereto. + +The lands to be so opened to settlement are for greater convenience +particularly described in the accompanying schedule, entitled "Schedule +of lands within the Cheyenne and Arapahoe Indian Reservation, Oklahoma +Territory, opened to settlement by proclamation of the President." + +Each entry shall be in square form as nearly as applicable; and no other +lands in the Territory of Oklahoma are opened to settlement under this +proclamation, the agreement with the said Cheyenne and Arapahoe Indians, +or the act ratifying the same. + +Notice, moreover, is hereby given that it is by law enacted that until +said lands are opened to settlement by proclamation no person shall be +permitted to enter upon and occupy the same, and no person violating +this provision shall be permitted to enter any of said lands or acquire +any right thereto, and that the officers of the United States will be +required to enforce this provision. + +And further notice is hereby given that it has been duly ordered that +the lands mentioned and included in this proclamation shall be, and the +same are, attached to the Western land district, office at Kingfisher, +and the Oklahoma land district, office at Oklahoma City, in said +Territory of Oklahoma, as follows: + +1. All of said lands lying north of the township line between townships +13 and 14 north are attached to the Western land district, the office of +which is at Kingfisher, in said Territory. + +2. All of said lands lying south of the township line between townships +13 and 14 north are attached to the Oklahoma land district, the office +of which is at Oklahoma City, in the said Territory. + +In witness whereof I have hereunto set my hand and caused the seal of +the United States to be affixed. + +[SEAL.] + +Done at the city of Washington, this 12th day of April, A.D. 1892, and +of the Independence of the United States the one hundred and sixteenth. + +BENJ. HARRISON. + +By the President: + JAMES G. BLAINE, + _Secretary of State_. + + + +BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. + +A PROCLAMATION. + +Whereas it is provided by section 13 of the act of Congress of March 3, +1891, entitled "An act to amend Title LX, chapter 3, of the Revised +Statutes of the United States, relating to copyrights," that said act +"shall only apply to a citizen or subject of a foreign state or nation +when such foreign state or nation permits to citizens of the United +States of America the benefit of copyright on substantially the same +basis as its own citizens, or when such foreign state or nation is a +party to an international agreement which provides for reciprocity in +the granting of copyright, by the terms of which agreement the United +States of America may at its pleasure become a party to such agreement;" +and + +Whereas it is also provided by said section that "the existence of +either of the conditions aforesaid shall be determined by the President +of the United States by proclamation made from time to time as the +purposes of this act may require;" and + +Whereas in virtue of said section 13 of the aforesaid act of Congress +a copyright agreement was signed at Washington on January 15, 1892, in +the English and German languages, by the representatives of the United +States of America and the German Empire, a true copy of the English +version of which agreement is, word for word, as follows: + + The President of the United States of America and His Majesty the + German Emperor, King of Prussia, in the name of the German Empire, + being actuated by the desire to extend to their subjects and citizens + the full benefit of the legal provisions in force in both countries + in regard to copyright, have to this end decided to conclude an + agreement and have appointed as their plenipotentiaries: + + The President of the United States of America, James G. Blaine, + Secretary of State of the United States; + + His Majesty the German Emperor, King of Prussia, Alfons Mumm von + Schwarzenstein, his charge d'affaires near the Government of the United + States of America, who, being duly authorized, have concluded the + following agreement, subject to due ratification: + + ARTICLE I. Citizens of the United States of America shall enjoy in + the German Empire the protection of copyright as regards works of + literature and art, as well as photographs, against illegal + reproduction, on the same basis on which such protection is granted + to subjects of the Empire. + + ART. II. The United States Government engages in return that the + President of the United States shall, in pursuance of section 13 of + the act of Congress of March 3, 1891, issue the proclamation therein + provided for in regard to the extension of the provisions of that act + to German subjects as soon as the Secretary of State shall have been + officially notified that the present agreement has received the + necessary legislative sanction in the German Empire. + + ART. III. This agreement shall be ratified and the ratifications shall + be exchanged at Washington as soon as possible. + + The agreement shall go into operation at the expiration of three weeks + from the date of the exchange of its ratifications, and shall be + applicable only to works not published at the time when it shall have + gone into operation. It shall remain in force until the expiration of + three months from the day on which notice of a desire for the cessation + of its effects shall have been given by one of the contracting parties. + + Done in duplicate in the English and German languages, at the city of + Washington, this 15th day of January, 1892. + + JAMES G. BLAINE. [SEAL.] + A. v. MUMM. [SEAL.] + + +And whereas the official notification contemplated by Article II of the +said agreement has been received by this Government: + +Now, therefore, I, Benjamin Harrison, President of the United States +of America, do declare and proclaim that the first of the conditions +specified in section 13 of the act of March 3, 1891, is now fulfilled +in respect to the subjects of the German Empire. + +In testimony whereof I have hereunto set my hand and caused the seal of +the United States to be affixed. + +[SEAL.] + +Done at the city of Washington, the 15th day of April, 1892, and of the +Independence of the United States the one hundred and sixteenth. + +BENJ. HARRISON. + +By the President: + JAMES G. BLAINE, + _Secretary of State_. + + + +BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. + +A PROCLAMATION. + +Whereas, pursuant to section 3 of the act of Congress approved October +1, 1890, entitled "An act to reduce the revenue and equalize duties on +imports, and for other purposes," the Secretary of State of the United +States of America communicated to the Government of Honduras the action +of the Congress of the United States of America, with a view to secure +reciprocal trade, in declaring the articles enumerated in said section 3 +to be exempt from duty upon their importation into the United States of +America; and + +Whereas the consul-general of Honduras at New York has communicated to +the Secretary of State the fact that, in reciprocity for the admission +into the United States of America free of all duty of the articles +enumerated in section 3 of said act, the Government of Honduras will by +due legal enactment, as a provisional measure and until a more complete +arrangement may be negotiated and put in operation, admit free of all +duty, from and after May 25, 1892, into all the established ports of +entry of Honduras the articles or merchandise named in the following +schedule, provided that the same be the product or manufacture of the +United States: + + + SCHEDULE OF PRODUCTS AND MANUFACTURES FROM THE UNITED STATES WHICH THE + REPUBLIC OF HONDURAS WILL ADMIT FREE OF ALL CUSTOMS, MUNICIPAL, AND ANY + OTHER KIND OF DUTY. + + 1. Animals for breeding purposes. + + 2. Corn, rice, barley, and rye. + + 3. Beans. + + 4. Hay and straw for forage. + + 5. Fruits, fresh. + + 6. Preparations of flour in biscuits, crackers not sweetened, + macaroni, vermicelli, and tallarin. + + 7. Coal, mineral. + + 8. Roman cement. + + 9. Hydraulic lime. + + 10. Bricks, fire bricks, and crucibles for melting. + + 11. Marble, dressed, for furniture, statues, fountains, gravestones, + and building purposes. + + 12. Tar, vegetable and mineral. + + 13. Guano and other fertilizers, natural or artificial. + + 14. Plows and all other agricultural tools and implements. + + 15. Machinery of all kinds, including sewing machines, and separate + or extra parts of the same. + + 16. Materials of all kinds for the construction and equipment of + railroads. + + 17. Materials of all kinds for the construction and operation of + telegraphic and telephonic lines. + + 18. Materials of all kinds for lighting by electricity and gas. + + 19. Materials of all kinds for the construction of wharves. + + 20. Apparatus for distilling liquors. + + 21. Wood of all kinds for building, in trunks or pieces, beams, + rafters, planks, boards, shingles, or flooring. + + 22. Wooden staves, heads, and hoops, and barrels and boxes for + packing, mounted or in pieces. + + 23. Houses of wood or iron, complete or in parts. + + 24. Wagons, carts, and carriages of all kinds. + + 25. Barrels, casks, and tanks of iron for water. + + 26. Tubes of iron and all other accessories necessary for water supply. + + 27. Wire, barbed, and staples for fences. + + 28. Plates of iron for building purposes. + + 29. Mineral ores. + + 30. Kettles of iron for making salt. + + 31. Sugar boilers. + + 32. Molds for sugar. + + 33. Guys for mining purposes. + + 34. Furnaces and instruments for assaying metals. + + 35. Scientific instruments. + + 36. Models of machinery and buildings. + + 37. Boats, lighters, tackle, anchors, chains, girtlines, sails, and all + other articles for vessels, to be used in the ports, lakes, and + rivers of the Republic. + + 38. Printing materials, including presses, type, ink, and all other + accessories. + + 39. Printed books, pamphlets, and newspapers, bound or unbound, maps, + photographs, printed music, and paper for music. + + 40. Paper for printing newspapers. + + 41. Quicksilver. + + 42. Loadstones. + + 43. Hops. + + 44. Sulphate of quinine. + + 45. Gold and silver in bars, dust, or coin. + + 46. Samples of merchandise the duties on which do not exceed $1. + + +It is understood that the packages or coverings in which the articles +named in the foregoing schedule are imported shall be free of duty if +they are usual and proper for the purpose. + +And that the Government of Honduras has further stipulated that the laws +and regulations adopted to protect its revenue and prevent fraud in the +declarations and proof that the articles named in the foregoing schedule +are the product or manufacture of the United States of America shall +impose no additional charges on the importer nor undue restrictions on +the articles imported; and + +Whereas the Secretary of State has, by my direction, given assurance +to the consul-general of Honduras at New York that this action of the +Government of Honduras in granting freedom of duties to the products and +manufactures of the United States of America on their importation into +Honduras and in stipulating for a more complete reciprocity arrangement +is accepted as a due reciprocity for the action of Congress as set forth +in section 3 of said act: + +Now, therefore, be it known that I, Benjamin Harrison, President of the +United States of America, have caused the above-stated modifications of +the tariff laws of Honduras to be made public for the information of the +citizens of the United States of America. + +In testimony whereof I have hereunto set my hand and caused the seal of +the United States to be affixed. + +[SEAL.] + +Done at the city of Washington, this 30th day of April, 1892, and of +the Independence of the United States of America the one hundred and +sixteenth. + +BENJ. HARRISON. + +By the President: + JAMES G. BLAINE, + _Secretary of State_. + + + +BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. + +A PROCLAMATION. + +Whereas, pursuant to section 3 of the act of Congress approved October +1, 1890, entitled "An act to reduce the revenue and equalize duties on +imports, and for other purposes," the Secretary of State of the United +States of America communicated to the Government of Guatemala the action +of the Congress of the United States of America, with a view to secure +reciprocal trade, in declaring the articles enumerated in said section 3 +to be exempt from duty upon their importation into the United States of +America; and + +Whereas the envoy extraordinary and minister plenipotentiary of +Guatemala at Washington has communicated to the Secretary of State the +fact that, in reciprocity for the admission into the United States of +America free of all duty of the articles enumerated in section 3 of said +act, the Government of Guatemala will by due legal enactment of the +National Congress of that Republic admit free of all duty, from and +after the 30th day after the passage of the said act by the Congress of +Guatemala, into all the established ports of entry of that Republic the +articles or merchandise named in the following schedule, provided that +the same be the product or manufacture of the United States: + + + SCHEDULE OF ARTICLES THE PRODUCT OR MANUFACTURE OF THE UNITED STATES + TO BE ADMITTED INTO GUATEMALA FREE OF ALL CUSTOMS DUTIES AND OF ANY + NATIONAL OR MUNICIPAL DUES AND NATIONAL PORT CHARGES. + + 1. Live animals. + + 2. Barley, corn or maize, and rye. + + 3. Corn meal. + + 4. Potatoes, pease, and beans. + + 5. Fresh vegetables. + + 6. Rice. + + 7. Hay and straw for forage. + + 8. Tar, pitch, resin, turpentine, and asphalt. + + 9. Cotton-seed oil and other products of said seed. + + 10. Quicksilver. + + 11. Mineral coal. + + 12. Guano and other fertilizers. + + 13. Lumber and timber, in the rough or prepared for building purposes. + + 14. Houses of wood or iron, complete or in parts. + + 15. Fire bricks, lime, cement, shingles, and tiles of clay or glass + for roofing and construction of buildings. + + 16. Marble in slabs, columns, cornices, door and window frames, + and fountains, and dressed or undressed marble for buildings. + + 17. Piping of clay, glazed or unglazed, for aqueducts and sewers. + + 18. Wire, plain or barbed, for fences, with hooks and staples for same. + + 19. Printed books, bound or unbound; printed music; maps, charts, + and globes. + + 20. Materials for the construction and equipment of railways. + + 21. Materials for electrical illumination. + + 22. Materials expressly for the construction of wharves. + + 23. Anchors and hoisting tackle. + + 24. Railings of cast or wrought iron. + + 25. Balconies of cast or wrought iron. + + 26. Window blinds of wood or metal. + + 27. Iron fireplaces or stoves. + + 28. Machinery, including steam machinery for agriculture and mining, + and separate parts of the same. + + 29. Gold and silver, in bullion, dust, or coin. + + +It is understood that the packages or coverings in which the articles +named in the foregoing schedule are imported shall enter free of duty +if they are usual and proper for the purpose. + +And whereas the Government of Guatemala has further stipulated that the +laws and regulations adopted to protect its revenue and prevent fraud +in the declarations and proof that the articles named in the foregoing +schedule are the product or manufacture of the United States of America +shall impose no undue restrictions on the importer and no additional +charges on the articles imported; and + +Whereas the Secretary of State has, by my direction, given assurance to +the envoy extraordinary and minister plenipotentiary of Guatemala at +Washington that this action of the Government of Guatemala in granting +freedom of duties to the products and manufactures of the United States +of America on their importation into Guatemala, is accepted as a due +reciprocity for the action of Congress as set forth in section 3 of said +act; and + +Whereas the diplomatic representative of the United States of America at +the city of Guatemala has been advised by the Government of Guatemala +of the passage on April 30, 1892, of an act by the National Congress of +that Republic approving the commercial arrangement concluded between the +Governments of the two Republics and of the issue of a decree admitting, +on and after the 30th day of May, 1892, the articles mentioned in the +above schedule being the product or manufacture of the United States of +America into the ports of Guatemala free of all duties whatsoever: + +Now, therefore, be it known that I, Benjamin Harrison, President of the +United States of America, have caused the above-stated modifications of +the tariff laws of Guatemala to be made public for the information of +the citizens of the United States of America. + +In testimony whereof I have hereunto set my hand and caused the seal of +the United States to be affixed. + +[SEAL.] + +Done at the city of Washington, this 18th day of May, 1892, and of the +Independence of the United States of America the one hundred and +sixteenth. + +BENJ. HARRISON. + +By the President: + JAMES G. BLAINE, + _Secretary of State_. + + + +BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. + +A PROCLAMATION. + +Whereas, pursuant to section 3 of the act of Congress approved October +1, 1890, entitled "An act to reduce the revenue and equalize duties on +imports, and for other purposes," the attention of the Government of +Austria-Hungary was called to the action of the Congress of the United +States of America, with a view to secure reciprocal trade, in declaring +the articles enumerated in said section 3 to be exempt from duty upon +their importation into the United States of America; and + +Whereas the minister plenipotentiary of Austria-Hungary at Washington +has communicated to the Secretary of State the fact that, in view of the +act of Congress above cited, the Government of Austria-Hungary has by +due legal enactment authorized the admission, from and after May 25, +1892, into Austria-Hungary of all the articles of merchandise the +product of the United States of America named in the commercial treaties +which Austria-Hungary has celebrated with Germany and other nations on +the terms stated in said treaties; and + +Whereas the Secretary of State has, by my direction, given assurance to +the minister plenipotentiary of Austria-Hungary at Washington that this +action of the Government of Austria-Hungary in granting exemption of +duties to the products and manufactures of the United States of America +on their importation into Austria-Hungary is accepted as a due +reciprocity for the action of Congress as set forth in section 3 of said +act: + +Now, therefore, be it known that I, Benjamin Harrison, President of the +United States of America, have caused the above-stated modifications of +the tariff laws of Austria-Hungary to be made public for the information +of the citizens of the United States of America. + +In testimony whereof I have hereunto set my hand and caused the seal of +the United States to be affixed. + +[SEAL.] + +Done at the city of Washington, this 26th day of May, 1892, and of the +Independence of the United States of America the one hundred and +sixteenth. + +BENJ. HARRISON. + +By the President: + WILLIAM F. WHARTON, + _Acting Secretary of State_. + + + +BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. + +A PROCLAMATION. + +Whereas it is provided by section 24 of the act of Congress approved +March 3, 1891, entitled "An act to repeal timber-culture laws, and for +other purposes"-- + + That the President of the United States may from time to time set + apart and reserve in any State or Territory having public land bearing + forests, in any part of the public lands wholly or in part covered with + timber or undergrowth, whether of commercial value or not, as public + reservations; and the President shall by public proclamation declare + the establishment of such reservations and the limits thereof. + + +And whereas the public lands in the State of Oregon within the limits +hereinafter described are in part covered with timber, and it appears +that the public good would be promoted by setting apart and reserving +said lands as a public reservation: + +Now, therefore, I, Benjamin Harrison, President of the United States, +by virtue of the power in me vested by section 24 of the aforesaid act +of Congress, do hereby make known and proclaim that there is hereby +reserved from entry or settlement and set apart as a public reservation +all those certain tracts, pieces, or parcels of land lying and being +situate in the State of Oregon and particularly described as follows, +to wit: + +Beginning at the northwest corner of section six (6), township one (1) +south, range six (6) east, Willamette meridian; thence easterly on the +base line between townships one (1) north and one (1) south to the +southwest corner of section thirty-two (32), township one (1) north, +range six (6) east; thence northerly on the section line between +sections thirty-one (31) and thirty-two (32) to the northwest corner of +section thirty-two (32); thence easterly on the section line between +sections twenty-nine (29) and thirty-two (32) to the northeast corner of +section thirty-two (32); thence northerly on the section line between +sections twenty-eight (28) and twenty-nine (29) to the northwest corner +of section twenty-eight (28); thence easterly on the section line +between sections twenty-one (21) and twenty-eight (28) to the northeast +corner of section twenty-eight (28); thence northerly on the section +line between sections twenty-one (21) and twenty-two (22) to the +northwest corner of section twenty-two (22); thence easterly on the +section line between sections fifteen (15) and twenty-two (22) and +fourteen (14) and twenty-three (23) to the northeast corner of section +twenty-three (23); thence northerly along the section line between +sections thirteen (13) and fourteen (14) and eleven (11) and twelve (12) +to the northwest corner of section twelve (12); thence easterly on the +section line between sections one (1) and twelve (12) to the northeast +corner of section twelve (12); thence northerly on the eastern boundary +of section one (1) to the northeast corner of section one (1), all of +said sections being in township one (1) north, range six (6) east; +thence easterly to a point for the northeast corner of township one (1) +north, range seven (7) east; thence southerly to a point for the +southeast corner of section one (1), township one (1) north, range +seven (7) east; thence easterly to a point for the northeast corner of +section eight (8), township one (1) north, range eight (8) east; thence +southerly to a point for the northeast corner of section thirty-two (32) +of said township and range; thence easterly to a point for the northeast +corner of section thirty-three (33) of said township and range; thence +southerly to the southeast corner of section thirty-three (33) of said +township and range; thence westerly along the base line to the northwest +corner of section four (4), township one (1) south, range eight (8) +east; thence southerly on the section line between sections four (4) and +five (5) and eight (8) and nine (9) to the southeast corner of section +eight (8); thence easterly along the section line between sections nine +(9) and sixteen (16) to a point for the northeast corner of section +sixteen (16); thence southerly along the section line between sections +fifteen (15) and sixteen (16) to the southeast corner of section sixteen +(16); thence easterly along the section line between sections fifteen +(15) and twenty-two to the northeast corner of section twenty-two (22); +thence southerly between sections twenty-two (22), twenty-three (23), +twenty-six (26), twenty-seven (27), thirty-four (34), and thirty-five +(35) to the southeast corner of section thirty-four (34); thence +easterly along the southern boundary line of sections thirty-five (35) +and thirty-six (36) to the southeast corner of section thirty-six (36), +all of said sections being in township one (1) south, range eight (8) +east; thence southerly to a point for the southeast corner of township +two (2) south, range eight (8) east; thence westerly to the southeast +corner of township two (2) south, range seven (7) east; thence northerly +along the eastern boundary line of sections thirty-six (36), twenty-five +(25), twenty-four (24), and thirteen (13), township two (2) south, range +seven (7) east, to the southeast corner of section twelve (12) of said +township and range; thence westerly along the section line between +sections twelve (12) and thirteen (13), eleven (11) and fourteen (14), +ten (10) and fifteen (15), nine (9) and sixteen (16), eight (8) and +seventeen (17), and seven (7) and eighteen (18), township two (2) south, +range seven (7) east, and sections twelve (12) and thirteen (13), eleven +(11) and fourteen (14), ten (10) and fifteen (15), nine (9) and sixteen +(16), eight (8) and seventeen (17), and seven (7) and eighteen (18), +township two (2) south, range six (6) east, to the southwest corner of +section seven (7) of said township and range; thence northerly along the +western boundary of section seven (7) to the northwest corner of said +section, township two (2) south, range six (6) east; thence westerly on +the section line between sections one (1) and twelve (12), two (2) and +eleven (11), three (3) and ten (10), and four (4) and nine (9) to the +southwest corner of section four (4), township two (2) south, range five +(5) east; thence northerly on the section line between sections four (4) +and five (5) to the northwest corner of section four (4) in said +township and range; thence easterly on the township line between +townships one (1) and two (2) south, range five (5) east, to the +southwest corner of section thirty-five (35), township one (1) south, +range five (5) east; thence northerly on the section line between +sections thirty-four (34), thirty-five (35), twenty-six (26), +twenty-seven (27), twenty-two (22), and twenty-three (23) to the +northwest corner of section twenty-three (23) of said township and +range; thence easterly on the section line between sections fourteen +(14) and twenty-three (23), thirteen (13) and twenty-four (24), to the +northeast corner of section twenty-four (24) of said township and range; +thence northerly along the range line between ranges five (5) and six +(6) east to the place of beginning. + +Excepting from the force and effect of this proclamation all lands which +may have been prior to the date hereof embraced in any legal entry or +covered by any lawful filing duly of record in the proper United States +land office, or upon which any valid settlement has been made pursuant +to law and the statutory period within which to make entry or filing +of record has not expired, and all mining claims duly located and held +according to the laws of the United States and rules and regulations +not in conflict therewith. + +_Provided_, That this exception shall not continue to apply to any +particular tract of land unless the entryman, settler, or claimant +continues to comply with the law under which the entry, filing, +settlement, or location was made. + +Warning is hereby expressly given to all persons not to enter or make +settlement upon the tract of land reserved by this proclamation. + +In witness whereof I have hereunto set my hand and caused the seal of +the United States to be affixed. + +[SEAL.] + +Done at the city of Washington, this 17th day of June, A.D. 1892, and of +the Independence of the United States the one hundred and sixteenth. + +BENJ. HARRISON. + +By the President: + WILLIAM F. WHARTON, +_Acting Secretary of State_. + + + +BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. + +A PROCLAMATION. + +Whereas it is provided by section 24 of the act of Congress approved +March 3, 1891, entitled "An act to repeal timber-culture laws, and for +other purposes"-- + + That the President of the United States may from time to time set + apart and reserve in any State or Territory having public land bearing + forests, in any part of the public lands wholly or in part covered with + timber or undergrowth, whether of commercial value or not, as public + reservations; and the President shall by public proclamation declare + the establishment of such reservations and the limits thereof. + + +And whereas the public lands in the State of Colorado within the limits +hereinafter described are in part covered with timber, and it appears +that the public good would be promoted by setting apart and reserving +said lands as a public reservation: + +Now, therefore, I, Benjamin Harrison, President of the United States, by +virtue of the power in me vested by section 24 of the aforesaid act of +Congress, do hereby make known and proclaim that there is hereby +reserved from entry or settlement and set apart as a public reservation +all those certain tracts, pieces, or parcels of land lying and being +situate in the State of Colorado and particularly described as follows, +to wit: + +Township ten (10) south of ranges sixty-eight (68), sixty-nine (69), and +seventy (70) west; township nine (9) south of ranges sixty-eight (68) +and sixty-nine (69) west; township eight (8) south of range sixty-nine +(69) west, and so much of township ten (10) south of range seventy-one +(71) west, township nine (9) south of range seventy (70) west, township +eight (8) south of range seventy (70) west, and township seven (7) south +of range sixty-nine (69) west as lie to the eastward of the South Platte +River. + +Excepting from the force and effect of this proclamation all lands which +may have been prior to the date hereof embraced in any legal entry or +covered by any lawful filing duly of record in the proper United States +land office, or upon which any valid settlement has been made pursuant +to law and the statutory period within which to make entry or filing of +record has not expired, and all mining claims duly located and held +according to the laws of the United States and rules and regulations not +in conflict therewith. + +_Provided_, That this exception shall not continue to apply to any +particular tract of land unless the entryman, settler, or claimant +continues to comply with the law under which the entry, filing, +settlement, or location was made. + +Warning is hereby expressly given to all persons not to enter or make +settlement upon the tract of land reserved by this proclamation. + +In witness whereof I have hereunto set my hand and caused the seal of +the United States to be affixed. + +[SEAL.] + +Done at the city of Washington, this 23d day of June, A.D. 1892, and of +the Independence of the United States the one hundred and sixteenth. + +BENJ. HARRISON. + +By the President: + WILLIAM F. WHARTON, + _Acting Secretary of State_. + + + +BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. + +A PROCLAMATION. + +_To whom it may concern_: + +Whereas the governor of the State of Idaho has represented to me that +within said State there exist an insurrection and condition of domestic +violence and resistance to the laws to meet and overcome which the +resources at his command are unequal; and + +Whereas he has further represented that the legislature of said State +is not now in session and can not be promptly convened; and + +Whereas by reason of said conditions the said governor, as chief +executive of the State, has called upon me, as Chief Executive of the +Government of the United States, for assistance in repressing said +violence and restoring and maintaining the peace: + +Now, therefore, I, Benjamin Harrison, President of the United States, +by virtue of section 4, Article IV, of the Constitution of the United +States and of the laws of Congress enacted in pursuance thereof, +do hereby command all persons engaged in said insurrection and in +resistance to the laws to immediately disperse and retire peaceably +to their respective abodes. + +In witness whereof I have hereunto set my hand and caused the seal of +the United States to be affixed. + +[SEAL.] + +Done at the city of Washington, this 15th day of July, A.D. 1892, and of +the Independence of the United States the one hundred and seventeenth. + +BENJ. HARRISON. + +By the President: + JOHN W. FOSTER, + _Secretary of State_. + + + +BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. + +A PROCLAMATION. + +Whereas by a joint resolution approved June 29, 1892, it was resolved by +the Senate and House of Representatives of the United States of America +in Congress assembled-- + + That the President of the United States be authorized and directed to + issue a proclamation recommending to the people the observance in all + their localities of the four hundredth anniversary of the discovery of + America, on the 21st of October, 1892, by public demonstrations and by + suitable exercises in their schools and other places of assembly. + + +Now, therefore, I, Benjamin Harrison, President of the United States +of America, in pursuance of the aforesaid joint resolution, do hereby +appoint Friday, October 21, 1892, the four hundredth anniversary of the +discovery of America by Columbus, as a general holiday for the people of +the United States. On that day let the people, so far as possible, cease +from toil and devote themselves to such exercises as may best express +honor to the discoverer and their appreciation of the great achievements +of the four completed centuries of American life. + +Columbus stood in his age as the pioneer of progress and enlightenment. +The system of universal education is in our age the most prominent and +salutary feature of the spirit of enlightenment, and it is peculiarly +appropriate that the schools be made by the people the center of the +day's demonstration. Let the national flag float over every schoolhouse +in the country and the exercises be such as shall impress upon our youth +the patriotic duties of American citizenship. + +In the churches and in the other places of assembly of the people let +there be expressions of gratitude to Divine Providence for the devout +faith of the discoverer and for the divine care and guidance which has +directed our history and so abundantly blessed our people. + +In testimony whereof I have hereunto set my hand and caused the seal of +the United States to be affixed. + +[SEAL.] + +Done at the city of Washington, this 21st day of July, A.D. 1892, and of +the Independence of the United States the one hundred and seventeenth. + +BENJ. HARRISON. + +By the President: + JOHN W. FOSTER, + _Secretary of State_. + + + +BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. + +A PROCLAMATION. + +Whereas by reason of unlawful obstructions, combinations, and +assemblages of persons it has become impracticable, in my judgment, to +enforce by the ordinary course of judicial proceedings the laws of the +United States within the State and district of Wyoming, the United +States marshal, after repeated efforts, being unable by his ordinary +deputies or by any civil posse which he is able to obtain to execute the +process of the United States courts: + +Now, therefore, be it known that I, Benjamin Harrison, President of the +United States, do hereby command all persons engaged in such resistance +to the laws and the process of the courts of the United States to cease +such opposition and resistance and to disperse and retire peaceably to +their respective abodes on or before Wednesday, the 3d day of August +next. + +In witness whereof I have hereunto set my hand and caused the seal of +the United States to be affixed. + +[SEAL.] + +Done at the city of Washington, this 30th day of July, A.D. 1892, and of +the Independence of the United States the one hundred and seventeenth. + +BENJ. HARRISON. + +By the President: + JOHN W. FOSTER, + _Secretary of State_. + + + +BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. + +A PROCLAMATION. + +Whereas by an act of Congress approved July 26, 1892, entitled "An act +to enforce reciprocal commercial relations between the United States and +Canada, and for other purposes," it is provided-- + + That with a view of securing reciprocal advantages for the citizens, + ports, and vessels of the United States, on and after the 1st day + of August, 1892, whenever and so often as the President shall be + satisfied that the passage through any canal or lock connected with the + navigation of the St. Lawrence River, the Great Lakes, or the waterways + connecting the same of any vessels of the United States, or of cargoes + or passengers in transit to any port of the United States, is + prohibited or is made difficult or burdensome by the imposition of + tolls or otherwise which, in view of the free passage through the St. + Marys Falls Canal now permitted to vessels of all nations, he shall + deem to be reciprocally unjust and unreasonable, he shall have the + power, and it shall be his duty, to suspend, by proclamation to that + effect, for such time and to such extent (including absolute + prohibition) as he shall deem just, the right of free passage through + the St. Marys Falls Canal so far as it relates to vessels owned by the + subjects of the government so discriminating against the citizens, + ports, or vessels of the United States or to any cargoes, portions of + cargoes, or passengers in transit to the ports of the government making + such discrimination, whether carried in vessels of the United States or + of other nations. + + In such case and during such suspension tolls shall be levied, + collected, and paid as follows, to wit: Upon freight of whatever kind + or description not to exceed $2 per ton, upon passengers not to exceed + $5 each, as shall be from time to time determined by the President: + _Provided_, That no tolls shall be charged or collected upon freight + or passengers carried to and landed at Ogdensburg, or any port west of + Ogdensburg and south of a line drawn from the northern boundary of the + State of New York through the St. Lawrence River, the Great Lakes, and + their connecting channels to the northern boundary of the State of + Minnesota. + + SEC. 2. All tolls so charged shall be collected under such + regulations as shall be prescribed by the Secretary of the Treasury, + who may require the master of each vessel to furnish a sworn statement + of the amount and kind of cargo and the number of passengers carried + and the destination of the same, and such proof of the actual delivery + of such cargo or passengers at some port or place within the limits + above named as he shall deem satisfactory; and until such proof is + furnished such freight and passengers may be considered to have been + landed at some port or place outside of those limits, and the amount + of tolls which would have accrued if they had been so delivered shall + constitute a lien, which may be enforced against the vessel in default + wherever and whenever found in the waters of the United States. + + +And whereas the government of the Dominion of Canada imposes a toll +amounting to about 20 cents per ton on all freight passing through the +Welland Canal in transit to a port of the United States, and also a +further toll on all vessels of the United States and on all passengers +in transit to a port of the United States, all of which tolls are +without rebate; and + +Whereas the government of the Dominion of Canada, in accordance with +an order in council of April 4, 1892, refunds 18 cents per ton of the +20-cent toll at the Welland Canal on wheat, Indian corn, pease, barley, +rye, oats, flaxseed, and buckwheat upon condition that they are +originally shipped for and carried to Montreal or some port east of +Montreal for export, and that if transshipped at an intermediate point +such transshipment is made within the Dominion of Canada, but allows no +such nor any other rebate on said products when shipped to a port of +the United States or when carried to Montreal for export if transshipped +within the United States; and + +Whereas the government of the Dominion of Canada by said system of +rebate and otherwise discriminates against the citizens of the United +States in the use of said Welland Canal, in violation of the provisions +of Article XXVII of the treaty of Washington concluded May 8, 1871; and + +Whereas said Welland Canal is connected with the navigation of the Great +Lakes, and I am satisfied that the passage through it of cargoes in +transit to ports of the United States is made difficult and burdensome +by said discriminating system of rebate and otherwise and is +reciprocally unjust and unreasonable: + +Now, therefore, I, Benjamin, Harrison, President of the United States of +America, by virtue of the power to that end conferred upon me by said +act of Congress approved July 26, 1892, do hereby direct that from and +after September 1, 1892, until further notice a toll of 20 cents per +ton be levied, collected, and paid on all freight of whatever kind or +description passing through the St. Marys Falls Canal in transit to any +port of the Dominion of Canada, whether carried in vessels of the United +States or of other nations; and to that extent I do hereby suspend from +and after said date the right of free passage through said St. Marys +Falls Canal of any and all cargoes or portions of cargoes in transit +to Canadian ports. + +In testimony whereof I have hereunto set my hand and caused the seal of +the United States to be affixed. + +[SEAL.] + +Done at the city of Washington, this 18th day of August, A.D. 1892, and +of the Independence of the United States of America the one hundred and +seventeenth. + +BENJ. HARRISON. + +By the President: + JOHN W. FOSTER, + _Secretary of State_. + + + +BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. + +A PROCLAMATION. + +Whereas by a written agreement made on the 8th day of December, 1890, +the Crow tribe of Indians, in the State of Montana, agreed to dispose +of and sell to the United States, for certain considerations in said +agreement specified, all that portion of the Crow Indian Reservation +in the State of Montana lying west and south of the following lines, +to wit: + + Beginning in the mid-channel of the Yellowstone River at a point which + is the northwest corner of section No. 36, township No. 2 north of + range 27 east of the principal meridian of Montana; thence running in + a southwesterly direction, following the top of the natural divide + between the waters flowing into the Yellowstone and Clarks Fork rivers + upon the west and those flowing into Pryor Creek and West Pryor Creek + on the east, to the base of West Pryor Mountain; thence due south and + up the north slope of said Pryor Mountain on a true meridian line to a + point 15 miles due north from the established line between Montana and + Wyoming; thence in a due easterly course on a parallel of latitude to a + point where it intersects the mid-channel of the Big Horn River; thence + following up the mid-channel of said river to a point where it crosses + the Montana and Wyoming State line. + + +And whereas it is stipulated in the eleventh clause or section of said +agreement that all lands upon that portion of the reservation by said +agreement ceded which prior to the date thereof had been allotted in +severalty to Indians of the Crow tribe shall be retained and enjoyed by +them; and + +Whereas it is provided in the twelfth clause or section of said +agreement that, in accordance with the provisions of article 6 of the +treaty of May 7, A.D. 1868, said cession of lands shall not be construed +to deprive without his or her consent any individual Indian of the Crow +tribe of his or her right to any tract of land selected by him or her in +conformity with said treaty or as provided by the agreement approved by +Congress April 11, A.D. 1882; and + +Whereas it is further provided in said twelfth clause or section that in +ratifying said agreement the Congress of the United States shall cause +all such lands to be surveyed and certificates duly issued for the same +to said Indians, as provided in the treaty of May 7, 1868, before said +ceded portion of the reservation shall be opened for settlement; and + +Whereas by the thirteenth clause or section of said agreement of +December 8, 1890, it is made a condition of said agreement that it +shall not be binding upon either party until ratified by the Congress of +the United States, and when so ratified that said cession of lands so +acquired by the United States shall not be opened for settlement until +the boundary lines set forth and described in said agreement have been +surveyed and definitely marked by suitable permanent monuments, erected +every half mile wherever practicable, along the entire length of said +boundary line; and + +Whereas said agreement was duly ratified and confirmed by the +thirty-first section of the act of Congress approved March 3, 1891; and + +Whereas it is provided in section 34 of said act of March 3, 1891-- + + That whenever any of the lands acquired by the agreement with said + Crow Indians hereby ratified and confirmed shall by operation of law + or the proclamation of the President of the United States be open to + settlement, they shall, except mineral lands, be disposed of to actual + settlers only under the provisions of the homestead laws, except + section 2301 of the Revised Statutes, which shall not apply: _Provided, + however_, That each settler under and in accordance with the provisions + of said homestead laws shall before receiving a patent for his + homestead pay to the United States for the land so taken by him, in + addition to the fees provided by law, and within five years from the + date of the first original entry, the sum of $1.50 for each acre + thereof, one-half of which shall be paid within two years; and any + person otherwise qualified who has attempted to but for any cause + failed to secure a title in fee to a homestead under existing law, or + who made entry under what is known as the commuted provision of the + homestead law, shall be qualified to make a homestead entry upon any + of said lands in conformity with the provisions of this section; that + any person who may be entitled to the privilege of selecting land in + severalty under the provisions of article 6 of the treaty of May 7, + 1868, with the Crow Indians, and which provisions were continued in + force by the agreement with said Indians ratified and confirmed by + the act of Congress approved April 11, 1882, or any other act or + treaty, shall have the right for a period of sixty days to make such + selections in any part of the territory by said agreement ceded, and + such locations are hereby confirmed: _Provided further_, That all + white persons who located upon said Crow Reservation by reason of an + erroneous survey of the boundary and were afterwards allowed to file + upon their location in the United States land office shall have thirty + days in which to renew their filings, and their locations are hereby + confirmed; and that in all cases where claims were located under the + mining laws of the United States, and such location was made prior to + December 1, 1890, by a locator qualified therefor who believed that he + or she was so locating on lands outside the Crow Indian Reservation, + such locator shall be allowed thirty days within which to relocate the + said mining claims so theretofore located by them within the limits + of the ceded portion of said Crow Indian Reservation, and upon such + relocation such proceedings shall be had as are conformable to law + and in accordance with the provisions of this act. + + +And whereas the boundary lines of said ceded lands have been duly +surveyed and marked as stipulated in the thirteenth clause or section of +said agreement; and + +Whereas a written agreement was concluded with said Crow Indians on the +27th day of August, 1892, under and by virtue of the following clause in +the Indian appropriation act of Congress approved July 13, 1892, to wit: + + * * * To enable the Secretary of the Interior, in his discretion, to + appoint a commission to negotiate with the Crow Indians of Montana for + a modification of the agreement concluded with said Indians December 8, + 1890, and ratified by Congress March 3, 1891, and to pay the necessary + and actual expenses of said commissioners: _Provided_, That no such + modification shall be valid unless assented to by a majority of the + male adult members of the Crow tribe of Indians and be approved by the + Secretary of the Interior. + + +Which said agreement was assented to by a majority of the male adult +members of the Crow tribe of Indians, as attested by their signatures +thereto, and has been duly approved by the Secretary of the Interior; +and + +Whereas it is stipulated and agreed in the first clause or section of +said agreement of August 27, 1892, that the persons named in a schedule +attached to and made a part of said agreement, marked "Schedule A," +include all the members of said Crow tribe who are entitled to the +benefits of the eleventh section of said agreement of December 8, 1890, +and that each of said persons is entitled to the land therein described +as his selection in full satisfaction of his claim under said section; +and that the persons named in a schedule attached to and made a part of +said agreement of August 27, 1892, marked "Schedule B," include all the +members of said tribe who are entitled to the benefits of the twelfth +section of said agreement of December 8, 1890, and of the proviso of the +thirty-fourth section of the act of Congress approved March 3, 1891, +extending the privilege of making selections on the ceded lands for a +period of sixty days, and that each of the said persons therein named is +entitled to retain the tract of land theretofore selected by him within +the limits of the tract of land therein described as containing his +selection of his claim under the said section (or the said proviso); and + +Whereas it is stipulated and agreed by the second clause or section +of said agreement of August 27, 1892, that all lands ceded by said +agreement may be opened to settlement, upon the approval of the said +agreement, by proclamation of the President: + + _Provided_, That all lands within the ceded tract selected or set + apart for the use of individual Indians and described in the aforesaid + Schedules "A" and "B" shall be exempt from cession and shall remain + a part of the Crow Indian Reservation, and shall continue under the + exclusive control of the Interior Department until they shall have been + surveyed and certificates or patents issued therefor as provided in the + agreement of December 8, 1890, or until relinquished or surrendered by + the Indian or Indians claiming the same: _Provided further_, That such + lands shall be described as set forth in Schedules "A" and "B," and + shall be exempted from settlement in the proclamation of the President + opening the ceded lands, and that where lands so set apart are not + described by legal subdivisions then the township or section or tract of + land within whose limits such Indians' selections are located shall not + be opened to settlement until the Indian allotments therein contained + shall have been surveyed and proper evidence of title issued therefor. + + +Now, therefore, I, Benjamin Harrison, President of the United States, +by virtue of the power in me vested by the agreements and statutes +hereinbefore mentioned and by other the laws of the United States, do +hereby declare and make known that all of the lands within that portion +of the Crow Indian Reservation in Montana ceded to the United States +by the said agreement of December 8, 1890, and hereinbefore described, +except those hereinafter mentioned and described, are open to settlement +under the terms of and subject to all the conditions, limitations, +reservations, and restrictions contained in the thirty-fourth section of +the act of Congress approved March 3, 1891, and hereinbefore quoted, and +other laws applicable thereto. + +The lands exempted from the operation of this proclamation, being those +embraced in Schedules "A" and "B" attached to the agreement of August +27, 1892, are described as follows: + + + 1.--SURVEYED LANDS. + + IN TOWNSHIP 1 NORTH, RANGE 26 EAST. + + Fractional section 24; the north half, the east half of southeast + quarter, and west half of southwest quarter of fractional section 25; + fractional section 26; lot 5 of fractional section 34; the north half + of northeast quarter and the northeast quarter of northwest quarter + of section 35; and the northeast quarter of northeast quarter of + section 36. + + IN TOWNSHIP 1 NORTH, RANGE 27 EAST. + + Fractional section 7; lots 1, 2, 3, 4, 5, and 6, the southwest quarter + of northeast quarter, the southeast quarter, and the south half of the + southwest quarter of fractional section 8; the south half of northwest + quarter of section 9; the north half of the northwest quarter and the + southwest quarter of the northwest quarter of section 17; fractional + section 18; the north half and the southwest quarter of section 19. + + IN TOWNSHIP 3 SOUTH, RANGE 24 EAST. + + The north half of the southwest quarter of section 3; the southeast + quarter of the northeast quarter and lots 2, 3, and 4 of section 4; + fractional section 5; the southeast quarter and the south half of the + southwest quarter of section 6; section 7; west half of section 8; + the east half of the northwest quarter and the southwest quarter of + the northwest quarter of section 17; lots 1, 2, 3, 4, 5, and 6, the + northeast quarter of the northeast quarter, the south half of the + northeast quarter, and the southeast quarter of the northwest quarter + and the south half of section 18; lots 1, 3, 4, and 5 and the east half + of southwest quarter, section 19; and lots 1, 2, 3, and 4 in section 30. + + IN TOWNSHIP 4 SOUTH, RANGE 23 EAST. + + Lots 4, 5, 6, 7, 8, 9, and 13, the south half of northwest quarter, the + southeast quarter of southeast quarter, and the northeast quarter of the + southwest quarter, section 1; section 2; the north half, the southeast + quarter, and the north half of southwest quarter, section 3; section 4; + the east half and the southwest quarter of section 8; the north half + and the southwest quarter of section 9; the east half and the southwest + quarter of section n; section 12; the north half, the south half of the + southeast quarter, the east half of the southwest quarter, and lots 1, + 2, and 3 of section 13; the north half, the southeast quarter, and the + south half of the southwest quarter of section 14; the north half of + section 17; the north half, the east half of the southeast quarter, and + the north half of the southwest quarter of section 18; the northwest + quarter of section 19; the east half and the northwest quarter of + section 20; the south half of the northwest quarter of section 22; all + of section 23 except the northwest quarter of northwest quarter; section + 24; lots 2 and 3 in section 25; the north half of northeast quarter, the + northwest quarter, the north half of the southwest quarter, and lots 1, + 2, 5, 6, 7, and 8 of section 26; the south half of the southeast quarter + of section 27; the northwest quarter of section 33; the fractional east + half and the southwest quarter of section 34; lots 2, 3, 4, 5, 6, 7, 9, + and 10 of section 35. + + IN TOWNSHIP 5 SOUTH OF RANGE 23 EAST. + + Lot 5 and southwest quarter of northwest quarter of section 2; lots 1, + 2, 6, 7, 8, 9, 12, and 14 and southeast quarter of southeast quarter + of section 3; the fractional east half, the south half of northwest + quarter, and the southwest quarter of section 4; the south half of the + northeast quarter and the north half of the southeast quarter of section + 7; the south half of the north half and the south half of section 8; + lots 1, 2, 3, 4, 6, 7, and 8 and the west half of section 9; lots 1, 2, + 3, and 4, the west half of the northeast quarter, and the south half of + section 10; the northwest quarter of section 15; section 16; the east + half of the northeast quarter and the south half of section 17; the + northwest quarter of the northeast quarter, the southeast quarter of the + southeast quarter, the west half, and lots 1, 2, 4, and 5, section 20; + the southwest quarter of section 21; the west half of southwest quarter, + section 26; the south half of section 27; the west half of the northeast + quarter, the northwest quarter, and the south half of section 28; lots + 1, 2, 3, 4, 6, and 7, the northwest quarter, the south half of the + southeast quarter, and the west half of the southwest quarter of section + 29; the northeast quarter of northeast quarter, the northeast quarter + of the southeast quarter, and the south half of the southeast quarter + of section 30; the northeast quarter, the northeast quarter of the + northwest quarter, and the southeast quarter of section 31; lots 3, 4, + 5, 6, 9, and 10, the southwest quarter of the southeast quarter, and the + southwest quarter of section 32; lot 1, the north half of the northeast + quarter, and the northwest quarter of section 33; and the west half of + the northeast quarter and the northwest quarter of section 34. + + + 2.--UNSURVEYED LANDS WHICH WHEN SURVEYED WILL BE DESCRIBED AS FOLLOWS: + + IN TOWNSHIP 1 NORTH OF RANGE 15 EAST. + + The southwest quarter of the northwest quarter, the northwest quarter + of the southwest quarter, and the south half of the southwest quarter + of section 27; the southeast quarter of the northeast quarter and the + east half of the southeast quarter of section 28; the east half of the + northeast quarter of section 33; the north half, the north half of the + southeast quarter, and the northeast quarter of the southwest quarter + of section 34; the south half of the north half and the south half of + section 35; and the southwest quarter of the northwest quarter, the + southeast quarter, the north half of the southwest quarter, and the + southwest quarter of the southwest quarter of section 36. + + IN TOWNSHIP 1 NORTH, RANGE 16 EAST. + + The southwest quarter of the southwest quarter of section 31. + + IN TOWNSHIP 1 SOUTH OF RANGE 15 EAST. + + The north half of the north half and the southeast quarter of the + northeast quarter of section 1. + + IN TOWNSHIP 1 SOUTH OF RANGE 16. + + The north half of the northeast quarter and the southwest quarter of + the northwest quarter of section 6, and the southeast quarter of the + northeast quarter of section 24. + + IN TOWNSHIP 1 SOUTH OF RANGE 18 EAST. + + The southeast quarter of the southwest quarter of section 27; the + northwest quarter of the southeast quarter and the south half of the + southeast quarter of section 28; the north half of the northeast quarter + of section 33; and the northeast quarter and the east half of the + northwest quarter of section 34. + + IN TOWNSHIP 1 SOUTH OF RANGE 17 EAST. + + The east half of the northeast quarter, the east half of the northwest + quarter, the southwest quarter of the northwest quarter, the northwest + quarter of the southeast quarter, and the northeast quarter of the + southwest quarter of section 19; the south half of the southeast quarter + and the southeast quarter of the southwest quarter of section 28; and + the north half of the northeast quarter and the northeast quarter of the + northwest quarter of section 33. + + IN TOWNSHIP 1 SOUTH OF RANGE 25 EAST. + + The northeast quarter of the southeast quarter, the south half of the + southeast quarter, and the southeast quarter of the southwest quarter of + section 25, and the northeast Quarter of the northwest quarter and the + west half of section 36. + + IN TOWNSHIP 1 SOUTH OF RANGE 26 EAST. + + The south half of the southeast quarter of section 19; the southeast + quarter, the northeast quarter of the southwest quarter, and the south + half of the southwest quarter of section 20; the west half of the + southwest quarter of section 21; the west half of the northwest quarter + of section 28; the north half and the northwest quarter of the southwest + quarter of section 29; the north half of the northeast quarter, the + southeast quarter of the northeast quarter, the southwest quarter of the + northwest quarter, the north half of the southeast quarter, and the + southwest quarter of section 30. + + IN TOWNSHIP 2 SOUTH OF RANGE 13 EAST. + + The southwest quarter of the northwest quarter and the northwest quarter + of the southwest quarter of section 27; the southeast quarter of the + northeast quarter and the east half of the southeast quarter of section + 28; and the east half, the east half of the northwest quarter, the + northeast quarter of the southeast quarter, and the northeast quarter + of the southwest quarter of section 33. + + IN TOWNSHIP 2 SOUTH OF RANGE 18 EAST. + + The southeast quarter and the east half of the southwest quarter of + section 1. + + IN TOWNSHIP 2 SOUTH OF RANGE 20 EAST. + + The east half, the east half of the northwest quarter, the southwest + quarter of the northwest quarter, and the north half of the southwest + quarter of section 28; the northeast quarter and the north half of + the southeast quarter of section 29; the south half of the northeast + quarter, the north half of the southeast quarter, and the southeast + quarter of the southeast quarter of section 34; the south half of the + north half and the south half of section 35; and the southwest quarter + of the northwest quarter, the northwest quarter of the southeast + quarter, the south half of the southeast quarter, and the southwest + quarter of section 36. + + IN TOWNSHIP 2 SOUTH OF RANGE 21 EAST. + + The west half of the northeast quarter, the northwest quarter of the + southeast quarter, the east half of the west half, and the southwest + quarter of the southwest quarter of section 32. + + IN TOWNSHIP 2 SOUTH OF RANGE 24 EAST. + + The northeast quarter of the southeast quarter and the south half of the + southeast quarter of section 21; the northeast quarter, the north half + of the southeast quarter, and the southwest quarter of section 22; the + west half of the northwest quarter of section 27; the northeast quarter + of section 28; and the northeast quarter, the southeast quarter of the + northwest quarter, the north half of the southeast quarter, and the + southwest quarter of section 29. + + IN TOWNSHIP 3 SOUTH OF RANGE 18 EAST. + + The west half of section 14; the west half of the northeast quarter and + the east half of the northwest quarter of section 23; the southwest + quarter of the northeast quarter, the southeast quarter of the northwest + quarter, the northwest quarter of the southeast quarter, and the + northeast quarter of the southwest quarter of section 31; the northeast + quarter, the south half of the northwest quarter, and the north half of + the southwest quarter of section 32; the south half of the northeast + quarter and the southeast quarter of section 33; the southwest quarter + of the northeast quarter and the south half of the northwest quarter, + the west half of the southeast quarter, and the southwest quarter of + section 34; the south half of section 35; and the southeast quarter of + the northeast quarter and the southeast quarter of section 36. + + IN TOWNSHIP 3 SOUTH OF RANGE 19 EAST. + + The northeast quarter, the north half of the southeast quarter, the + southwest quarter of the southeast quarter, and the east half of the + southwest quarter of section 12; the northwest quarter of section 29; + the east half of the northeast quarter, the southwest quarter of the + northeast quarter, the southeast quarter of the northwest quarter, and + the south half of section 30; and the southwest quarter of the northwest + quarter and the west half of the southwest quarter of section 31. + + IN TOWNSHIP 3 SOUTH OF RANGE 20 EAST. + + The northeast quarter, the north half of the northwest quarter, the + southeast quarter of the northwest quarter, and the northeast quarter + of the southeast quarter of section 1; the north half of the northeast + quarter and the northeast quarter of the northwest quarter of section 2; + the north half of the northwest quarter, the southwest quarter of the + northwest quarter, and the west half of the southwest quarter of section + 5; the southeast quarter of the northeast quarter, the southeast + quarter, and the southeast quarter of the southwest quarter of section + 6; and the west half of the northeast quarter and the northwest quarter + of section 7. + + IN TOWNSHIP 3 SOUTH OF RANGE 21 EAST. + + The northwest quarter of the southwest quarter and the south half of the + southwest quarter of section 5; the east half of the southeast quarter + and the west half of section 6; the northeast quarter of the northeast + quarter of section 7; and the north half of the northwest quarter of + section 8. + + IN TOWNSHIP 3 SOUTH OF RANGE 23 EAST. + + The southeast quarter of the northeast quarter and the east half of + the southeast quarter of section 12; the east half of section 13; the + southeast quarter of the southeast quarter of section 23; the southeast + quarter of the northeast quarter, the east half of the southeast + quarter, and the southwest quarter of the southwest quarter of section + 24; the east half of the east half, the west half of the northwest + quarter, and the southwest quarter of section 25; the northeast quarter + of the southeast quarter and the south half of the southeast quarter + of section 26; the south half of the south half of section 34; the + northeast quarter, the north half of the southeast quarter, the + southwest quarter of the southeast quarter, and the south half of + the southwest quarter of section 35; and the northwest quarter of + section 36. + + IN TOWNSHIP 4 SOUTH OF RANGE 18 EAST. + + The northwest quarter of the northeast quarter and the north half of the + northwest quarter of section 3; the north half of the northeast quarter + of section 4; the southeast quarter of the southwest quarter of section + 13; the west half of the northeast quarter, the east half of the + northwest quarter, the southeast quarter, and the northeast quarter of + the southwest quarter of section 24; the northeast quarter, the north + half of the southeast quarter, the southwest quarter of the southeast + quarter, and the southwest quarter of section 25; the south half of the + southeast quarter of section 29; the northwest quarter of the northeast + quarter and the northeast quarter of the northwest quarter of section + 32; the northeast quarter of the northeast quarter, the northwest + quarter, the northeast quarter of the southeast quarter, and the south + half of the southeast quarter of section 35; and the west half of the + northeast quarter, the northwest quarter, and the northwest quarter of + the southwest quarter of section 36. + + IN TOWNSHIP 6 SOUTH OF RANGE 18 EAST. + + The east half of the southeast quarter and the southwest quarter of the + southeast quarter of section 20, and the west half of the northeast + quarter, the northeast quarter of the northwest quarter, and the south + half of the northwest quarter of section 29. + + IN TOWNSHIP 6 SOUTH OF RANGE 19 EAST. + + The northeast quarter, the east half of the northwest quarter, the + southwest quarter of the northwest quarter, the north half of the + southeast quarter, and the northwest quarter of the southwest quarter + of section 15; the southeast quarter of the northwest quarter and the + northeast quarter of the southwest quarter of section 16; the south half + of the northeast quarter and the north half of the southeast quarter of + section 19; and the south half of the northwest quarter and the north + half of the southwest quarter of section 20. + + IN TOWNSHIP 6 SOUTH OF RANGE 23 EAST. + + The north half of the northwest quarter and the north half of the + southeast quarter of section 5; the south half of the southeast quarter + of section 8; section 17; and the west half of the northwest quarter of + section 16. + + + 3.--TOWNSHIPS, SECTIONS, OR TRACTS OF LAND WITHIN WHICH INDIAN + SELECTIONS ARE LOCATED. + + TRACT 1. + + Beginning at a point in the mid-channel of the Yellowstone River 1-1/2 + miles below the mouth of the Clarks Fork River; thence running in a + southwesterly direction along a line parallel to and 1-1/2 miles distant + from the mid-channel of the Clarks Fork River to the south line of + township 2 south of range 24 east; thence west along said township line + to the mid-channel of the Clarks Fork River; thence northeast along + the mid-channel of the Clarks Fork River to the mid-channel of the + Yellowstone River; thence northeast along the mid-channel of said river + to the point of beginning. + + TRACT 2. + + All that part of township 2 south of range 24 east lying south of the + Yellowstone River and west of the Clarks Fork River. + + TRACT 3. + + Sections 29, 31, and 32, township 5 south of range 21 east; sections 5, + 6, 7, 8, 17, and 18, township 6 south of range 21 east; and sections 1, + 2, 11, 12, 13, and 14, township 6 south of range 20 east. + + TRACT 4. + + Beginning at a point in the mid-channel of the Yellowstone River + opposite the mouth of Duck Creek; thence running in a southwesterly + direction along the mid-channel of the Yellowstone River to a point + 1-1/2 miles below the mouth of the Clarks Fork River; thence in a + southwesterly direction along a line parallel to and 1-1/2 miles distant + from the mid-channel of the said Clarks Fork River to a point 1-1/2 + miles due south of the mid-channel of the said Yellowstone River; thence + running in a northeasterly direction along a line parallel to and 1-1/2 + miles distant from the mid-channel of the Yellowstone River to the + mid-channel of Duck Creek; thence in a northerly direction along the + mid-channel of Duck Creek to the point of beginning. + + TRACT 5. + + All that part of townships 2 and 3 south of range 23 lying south of the + mid-channel of the Yellowstone River and north of a line running + parallel thereto and 1-1/2 miles distant therefrom. + + TRACT 6. + + Beginning in the mid-channel of the main or West Fork of Red Lodge Creek + at the point where it intersects the line known as the line of the Blake + survey, and which was formerly supposed to be the south boundary of the + Crow Indian Reserve; thence running due east along the lines of said + Blake survey for a distance of 1 mile; thence running northeasterly + along a line parallel to and 1 mile from the mid-channel of the said + West Fork of said Red Lodge Creek for a distance of 10 miles; thence due + west to the mid-channel of the said West Fork of said Red Lodge Creek; + thence southwesterly along the mid-channel of the said West Fork of said + creek to the place of beginning. + + TRACT 7. + + Townships 4 south of ranges 21 and 22 east. + + TRACT 8. + + All that part of the east half of township 1 south of range 26 east + lying south of the Yellowstone River, and all that part of the west + half of township 1 south of range 27 east lying south of the + Yellowstone River. + + TRACT 9. + + Section 14, township 3 south of range 19 east. + + TRACT 10. + + Beginning in the mid-channel of the main or West Fork of Red Lodge Creek + at the point where it intersects the line known as the line of the Blake + survey, and which was formerly supposed to be the south boundary of the + Crow Indian Reserve; thence running due east along the line of said + Blake survey for a distance of 1 mile; thence running northeasterly + along a line parallel to and 1 mile from the mid-channel of the said + West Fork of said Red Lodge Creek for a distance of 10 miles; thence due + west to the mid-channel of the said West Fork of said Red Lodge Creek; + thence southwesterly along the mid-channel of the said West Fork of said + Red Lodge Creek to the place of beginning. + + +In witness whereof I have hereunto set my hand and caused the seal of +the United States to be affixed. + +[SEAL.] + +Done at the city of Washington, this 15th day of October, A.D. 1892, and +of the Independence of the United States the one hundred and +seventeenth. + +BENJ. HARRISON. + +By the President: + JOHN W. FOSTER, + _Secretary of State_. + + + +BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. + +A PROCLAMATION. + +Whereas it is provided by section 13 of the act of Congress of March 3, +1891, entitled "An act to amend Title LX, chapter 3, of the Revised +Statutes of the United States, relating to copyrights," that said act +"shall only apply to a citizen or subject of a foreign state or nation +when such foreign state or nation permits to citizens of the United +States of America the benefit of copyright on substantially the same +basis as its own citizens, or when such foreign state or nation is a +party to an international agreement which provides for reciprocity in +the granting of copyright, by the terms of which agreement the United +States of America may at its pleasure become a party to such agreement;" +and + +Whereas it is also provided by said section that "the existence of +either of the conditions aforesaid shall be determined by the President +of the United States by proclamation made from time to time as the +purposes of this act may require;" and + +Whereas satisfactory official assurances have been given that in Italy +the law permits to citizens of the United States the benefit of +copyright on substantially the same basis as to the subjects of Italy: + +Now, therefore, I, Benjamin Harrison, President of the United States +of America, do declare and proclaim that the first of the conditions +specified in section 13 of the act of March 3, 1891, now exists and +is fulfilled in respect to the subjects of Italy. + +In testimony whereof I have hereunto set my hand and caused the seal of +the United States to be affixed. + +[SEAL.] + +Done at the city of Washington, this 31st day of October, 1892, and of +the Independence of the United States the one hundred and seventeenth. + +BENJ. HARRISON. + +By the President: + JOHN W. FOSTER, + _Secretary of State_. + + + +BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. + +A PROCLAMATION. + +The gifts of God to our people during the past year have been so +abundant and so special that the spirit of devout thanksgiving awaits +not a call, but only the appointment of a day when it may have a common +expression. He has stayed the pestilence at our door; He has given us +more love for the free civil institutions in the creation of which +His directing providence was so conspicuous; He has awakened a deeper +reverence for law; He has widened our philanthropy by a call to succor +the distress in other lands; He has blessed our schools and is bringing +forward a patriotic and God-fearing generation to execute His great and +benevolent designs for our country; He has given us great increase in +material wealth and a wide diffusion of contentment and comfort in the +homes of our people; He has given His grace to the sorrowing. + +Wherefore, I, Benjamin Harrison, President of the United States, do call +upon all our people to observe, as we have been wont, Thursday, the 24th +day of this month of November, as a day of thanksgiving to God for His +mercies and of supplication for His continued care and grace. + +In testimony whereof I have hereunto set my hand and caused the seal of +the United States to be affixed. + +[SEAL.] + +Done at the city of Washington, this 4th day of November, 1892, and of +the Independence of the United States the one hundred and seventeenth. + +BENJ. HARRISON. + +By the President: + JOHN W. FOSTER, + _Secretary of State_. + + + + +EXECUTIVE ORDERS. + + +AMENDMENT OF CIVIL-SERVICE RULES. + +JANUARY 20, 1892. + +Special Departmental Rule No. 1 is hereby amended by adding at the end +of paragraph 10 the following: "and elevator conductors;" so that as +amended the paragraph will read: + + In all the Departments: Bookbinders and elevator conductors. + + +BENJ. HARRISON. + + + +AMENDMENT OF CIVIL-SERVICE RULES. + +UNITED STATES CIVIL SERVICE COMMISSION, + _Washington, D.C., January 12, 1892_. + +The PRESIDENT. + +SIR: We have the honor to recommend that Executive orders heretofore +issued designating the places to be filled by noncompetitive examination +under clause (_d_) of section 2 of General Rule III be amended so as +to include among those places, in all the Departments where authorized +by law and employed, "captains of the watch" and "lieutenants of the +watch." The captains and lieutenants of the watch in the Treasury +Department and the captain of the watch in the Post-Office Department +are now included in this category, and the object of this recommendation +is to place all the Departments on the same footing with respect to +these places. + +The occasion for the recommendation at this time is the receipt by +this Commission of a request from the Secretary of the Interior for a +noncompetitive examination of a person named by him for appointment as +captain of the watch in the Interior Department. + +The place is now subject to competitive examination, but the Commission +sees no good reason why one rule should not apply to all the +Departments; hence this recommendation. + +If you approve the recommendation, your indorsement of approval on this +letter and its return to the Commission is requested. As it is not a +change of rule, it does not require to go to the Department of State for +record. We have the honor to be, your obedient servants, + +CHAS. LYMAN, + HUGH S. THOMPSON, + _Commissioners_. + + + +EXECUTIVE MANSION, _January 25, 1892_. + +The within recommendation is approved. + +BENJ. HARRISON. + + + +AMENDMENTS OF CIVIL-SERVICE RULES. + +FEBRUARY 23, 1892. + +Indian Rule VI is hereby amended by inserting after the word +"appointment" the following: "from one agency to another;" so that as +amended the rule will read: + + Subject to the conditions stated in Rule IV, transfers may be made + after absolute appointment from one agency to another, from one school + to another, and from one district to another, under such regulations as + the Commissioner of Indian Affairs, with the approval of the Secretary + of the Interior, may prescribe. + + +Indian Rule IV, section 1, clause (_b_), is hereby amended by inserting +after the word "averages" the following: "who have not been three +times certified;" so that as amended the clause will read: + + If fitness for the vacant place is tested by competitive examination, + the Commission shall certify from the proper register of the district + in which the vacancy exists the names of the three eligibles thereon, + of the sex called for, having the highest averages, who have not been + three times certified: _Provided_, That the eligibles upon any register + who have been allowed preference under section 1754 of the Revised + Statutes shall be certified, according to their grade, before all other + eligibles thereon: _And provided further_, That if the vacancy is in + the grade of matron or teacher, and the wife of the superintendent of + the school in which the vacancy exists is an eligible, she may be given + preference in certification if the appointing officer so requests. + + +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. + + +Section 3102 of the Revised Statutes is also related to this subject, +and is as follows: + + To avoid the inspection at the first port of arrival, the owner, + agent, master, or conductor of any such vessel, car, or other vehicle, + or owner, agent, or other person having charge of any such merchandise, + baggage, effects, or other articles, may apply to any officer of + the United States duly authorized to act in the premises to seal or + close the same, under and according to the regulations hereinafter + authorized, previous to their importation into the United States, which + officer shall seal or close the same accordingly; whereupon the same + may proceed to their port of destination without further inspection. + Every such vessel, car, or other vehicle shall proceed without + unnecessary delay to the port of its destination, as named in the + manifest of its cargo, freight, or contents, and be there inspected. + Nothing contained in this section shall be construed to exempt such + vessel, car, or vehicle, or its contents, from such examination as + may be necessary and proper to prevent frauds upon the revenue and + violations of this title. + + +It will be noticed that section 3005 does not provide for the transit of +merchandise through our territory from Canada to ports of the United +States for export, nor have I been able to find any other law now in +force that does provide for such transit. It would seem, therefore, that +as to this concession made by the United States in Article XXIX of the +treaty, legislation to put it into force was necessary, and that there +is no such legislation unless section 3 of the act of 1873 was saved by +the amendment to the joint resolution abrogating the fisheries articles +and Article XXX, limiting the repeal to so much of said act as "relates +to the articles of said treaty so to be terminated." The joint +resolution certainly did not repeal section 3, and if that section has +ceased to be operative it is by virtue of the limitation contained in +the section itself. I think it did expire by its own express limitation. + +The question has presented itself whether section 3 of the act of 1873 +(U.S. Revised Statutes, sec. 2866) repealed by implication that section +of the act of July, 1866, which is now section 3005 of the Revised +Statutes; but I am of the opinion that the last-named section was not +repealed. Section 3 of the act of 1873 was expressly intended to carry +into effect a treaty obligation and was limited as to time. It contained +no express repeal of the act of 1866, and while its provisions were +broader than the last-named act, they were not inconsistent, save in the +provision that while the act of 1873 was in force the additional ports +in the United States at which Canadian goods might be received were +to be designated by the President, whereas under the act of 1866 the +designation was by the Secretary of the Treasury. The last-named act +related also to intercourse with Mexico, and I think was unaffected +by the act of 1873. + +It will be seen that the law permits merchandise arriving at the ports +of New York, Boston, Portland in Maine, and at other ports specially +designated by the Secretary of the Treasury, for places in the adjacent +British Provinces, to be entered at the custom-house of the port where +it is landed and conveyed through the territory of the United States +without the payment of duty, under regulations to be prescribed by the +Secretary of the Treasury. As these goods come immediately and fully +under the inspection of our customs officers at the principal ports, are +entered there and remain until they cross our border into Canada fully +under our supervision, there is little or no danger involved to our +revenue. The regulations prescribed by the Treasury for conducting this +traffic seem to me to be adequate. + +As to merchandise imported into the United States from a contiguous +foreign country, it is provided by section 3102 that the inspection at +the first port of arrival in the United States may be avoided if the +vehicle in which the same arrives has been sealed or closed by some +officer of the United States duly authorized at some point in the +contiguous country. When the act of closing or sealing conformably +to the regulations of the Treasury has been effected, the car or +other vehicle may proceed without unnecessary delay to the port of +its destination, as named in the manifest of its cargo, freight, or +contents, and be there inspected. This privilege, however, is subject +to such examination at the point of entry to the United States as may +be necessary to prevent fraud. It is important to be noticed that the +merchandise to which this section refers is described in section 3100 as +merchandise, etc., "imported into the United States from any contiguous +foreign country." + +A practice has grown up, and a traffic of considerable dimensions +under it, of allowing merchandise from China and Japan, purchased and +imported from those countries by our own citizens and landed at ports +in the Dominion of Canada, to be there loaded into cars, which, being +sealed by an officer of the United States or some one supposed to +represent him, are forwarded through the territory of Canada, across +the entire continent, and allowed to cross our frontier without other +inspection than an examination of the seals. The real fact is that the +American consul can not and does not either compare the manifest with +the contents of the cars or attach the seals. The agents of the +transportation companies are furnished by the consul with the seals and +place them upon the cars. The practice of sealing such merchandise, +notwithstanding it has been allowed by the Treasury for some years, +I think is unauthorized. Such merchandise is not imported from a +"contiguous country," but from China and Japan. + +It has never become subject to the Canadian revenue laws as an +importation from Japan to Canada, but by force of the treaty or by the +courtesy of that government has been treated as subject to the revenue +laws of the United States from the time of landing at the Canadian port. +Our Treasury seal has been placed upon it; Canada only gives it passage. +It is no more an importation from Canada than is a train load of wheat +that starts from Detroit and is transported through Canada to another +port of the United States. Section 3102 was enacted in 1864, two years +before sections 3005 and 3006, and could not have had reference to the +later methods of importing merchandise through one country to the other. + +The practice to which I have referred not only equalizes the advantages +of Canadian seaports with our own in the importation of goods for our +domestic consumption, but makes the Canadian ports favored ports of +entry. The detentions under this system at the Canadian ports are less +than when the merchandise is landed at a port of the United States to be +forwarded in bond to another port therein. Full effect should be given +to section 3102 as to merchandise imported into the United States from +Canada, so far as the appropriations enable the Treasury to provide the +officers to do the work of closing and sealing. It will, however, be +required that all this kind of work be done, and carefully done, by +an officer of the United States, and that the duty shall in no case +be delegated to the employees of the transportation companies. The +considerations that it is quite doubtful whether a fraud committed in +Canada by one of our agents upon our revenue would be punishable in our +courts, and that such a fraud committed by anyone else certainly would +not be, and that even if such acts are made penal by our statutes +the criminal would be secure against extradition, seem to me to be +conclusive against the policy of attempting to maintain such revenue +agents in Canadian territory. + +I come now to discuss another element of this international traffic, +namely, the transportation of merchandise from one "port" in the United +States to another "port" therein over the territory of Canada. This +traffic is enormous in its dimensions, and very great interests have +grown up in the United States in connection with it. Section 3006 +authorizes this traffic, subject to "such rules, regulations, and +conditions as the Secretary of the Treasury may prescribe;" but the +important limitation is from "port" to "port." Section 3007 of the +Revised Statutes, which exempts sealed cars from certain fees, preserves +the terms of the preceding section--from "port" to "port." It seems to +me that sections 3006 and 3007 contemplate the delivery of the sealed +cars at a "port" of the United States, there to be examined by a revenue +officer and their contents verified; but in practice the car, if the +seal is found at the border to be intact, is passed to places not +"ports" and is opened and unloaded by the consignee, no officer being +present. The bill or manifest accompanying the merchandise and the +unbroken seal on the car may furnish _prima facie_ evidence that the +amount and kind of merchandise named in the manifest and said to be +contained in the car came from a port in the United States, but +certainly it was not intended that the merchandise should go to the +owner without an official ascertainment of the correspondence between +the bill and the actual contents of the car. + +I pass at this point any discussion of the question whether as a +national policy this traffic should be promoted. It is enough to say +that as the law stands it is authorized between "ports" of the United +States, and that the rules, regulations, and conditions to be prescribed +by the Secretary of the Treasury must not, in view of this declaration +of the legislative will, be further restrictive of the traffic than may +reasonably be necessary to protect the revenues of the United States. +In determining whether further regulations are reasonably necessary to +prevent frauds against our revenue it is not conclusive, at least, to +say that frauds against the revenue under the existing system have not +been discovered. The question is, Are the regulations such as to provide +proper safeguards against fraud, or are they such as to make fraud easy +to those who have the disposition to commit it? If all cars carrying +this merchandise are carefully and honestly inspected at the point of +lading and are securely closed during the transit, the revenue would be +secure, for the proper lading of these cars is not subject to duty. +Frauds can only be perpetrated by introducing products not subject to +free entry. In practice the seals and locks provided by the Treasury +Department do not give security that these cars, in the long transit in +which they are free from observation by officers of the revenue, may not +be opened and dutiable merchandise added. + +The duplication of the seals used, composed of wire and lead, is easy, +and the opening of locks scarcely less so. If, however, the cars, when +they arrive in the United States, either at the point where our boundary +is crossed or at some other port of the United States, were subject to +the inspection of a revenue officer before the delivery to the consignee +or owner, the manifest could be verified. The inspection, however, is +now limited to an examination of the lock or seal. The car is not +weighed or opened to verify its contents. I do not think this is an +adequate protection against the surreptitious introduction into the +cars, while on foreign territory, of dutiable articles. It will be seen +by the letter of the Secretary of the Treasury that grain the product +of the United States is now largely transported in American vessels to +Canadian lake ports, and after being there placed in elevators is sent +east in cars sealed by agents of the Treasury. + +No observation is taken of this grain until its arrival in Canada, where +only the amount and grade are noted by a Treasury agent, and a like +amount in grade and quantity (though it may be not the identical grain) +is by such agent billed and sealed in cars for carriage to the United +States. I do not find any statute authorizing this practice. Section +3006, which authorizes this interstate trade through Canada, is limited +to merchandise passing from "port" to "port" of the United States, and +plainly means that such merchandise shall be taken up by our revenue +officers at a "port" of the United States as a starting point. + +The following are the conclusions at which I have arrived: + +First. That Article XXIX of the treaty of Washington has been abrogated. + +Second. That even if this article were in force there is no law in force +to execute it. + +Third. That when in force the treaty imposed no obligation upon the +United States to use the concessions as to transit made by Canada, and +no limitation upon the powers of the United States in dealing with +merchandise imported for the use of our citizens through Canadian ports +or passing from one place in the United States to another through +Canada, upon the arrival of such merchandise at our border. + +Fourth. That therefore, treaty or no treaty, the question of sealing +cars containing such merchandise and the treatment of such sealed cars +when they cross our border is and always has been one to be settled by +our laws, according to our convenience and our interests as we may see +them. + +Fifth. That the law authorizing the sealing of cars in Canada containing +foreign merchandise imported from a contiguous country does not apply to +merchandise imported by our own people from countries not contiguous and +carried through Canada for delivery to such owners. + +Sixth. That the law did not contemplate the passing of sealed cars to +any place not a "port," nor the delivery of such cars to the owner or +consignee, to be opened by him without the supervision of a revenue +officer. + +Seventh. That such a practice is inconsistent with the safety of the +revenue. + +The statutes relating to the transportation of merchandise between +the United States and the British possessions should be the subject +of revision. The Treasury regulations have given to these laws a +construction and a scope that I do not think was contemplated by +Congress. A policy adapted to the new conditions, growing in part out of +the construction of the Canadian Pacific Railroad, should be declared, +and the business placed upon a basis more just to our people and to our +transportation companies. + +If we continue the policy of supervising rates and requiring that they +shall be equal and reasonable upon the railroads of the United States, +we can not in fairness at the same time give these unusual facilities +for competition to Canadian roads that are free to pursue the practices +as to cut rates and favored rates that we condemn and punish if +practiced by our own railroads. + +I regret that circumstances prevented an earlier examination by me of +these questions, but submit now these views in the hope that they may +lead to a revision of the laws upon a safer and juster basis. + +I transmit herewith the correspondence between the Secretary of the +Treasury and the Attorney-General upon some phases of this question. + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _February 6, 1893_. + +_To the Senate and House of Representatives_: + +I transmit herewith, for the consideration of Congress, a communication +from the Secretary of the Interior, dated 4th instant, accompanied by an +agreement concluded by and between the Turtle Mountain Indians and the +commission appointed under the provisions of the Indian appropriation +act of July 13, 1892, to negotiate with the Turtle Mountain band of +Chippewa Indians in North Dakota for the cession and relinquishment to +the United States of whatever right or interest they have in and to any +and all lands in said State to which they claim title, and for their +removal to and settlement upon lands to be hereafter selected and +determined upon by the Secretary of the Interior upon the recommendation +of the proposed commissioners, subject to the approval of Congress. + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _Washington, February 6, 1893_. + +_To the Senate_: + +I transmit herewith, as desired by the resolution of the Senate of the +4th instant, a report from the Secretary of State of the 6th instant, +with its accompanying correspondence, in relation to the draft of an +uncompleted treaty with Hawaii made in 1854. + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _Washington, D.C., February 8, 1893_. + +_To the Senate and House of Representatives_: + +I transmit herewith the eighth annual report of the Commissioner of +Labor. This report relates to industrial education in the United States +and foreign countries. + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _Washington, D.C., February 14, 1893_. + +_To the Senate and House of Representatives_: + +I transmit herewith a special report of the Commissioner of Labor +relating to compulsory insurance of workingmen in Germany and other +countries. + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _February 14, 1893_. + +_To the Senate and House of Representatives_: + + +I transmit herewith a communication of the 13th instant from the +Secretary of the Interior, transmitting copy of reports of Lieutenants +Brown, Gurovits, and Suplee, United States Army, who were charged +with the duty of inspecting the Navajo country, so that the Interior +Department could be advised as to the practicability of restraining the +Navajoes within their present reservations and of furnishing irrigation +and water for their flocks, together with report of the Commissioner of +Indian Affairs upon the matter with draft of an item of appropriation +to carry the same into effect. + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _Washington, February 15, 1893_. + +_To the Senate_: + +I transmit herewith, with a view to its ratification, a treaty of +annexation concluded on the 14th day of February, 1893, between John W. +Foster, Secretary of State, who was duly empowered to act in that behalf +on the part of the United States, and Lorin A. Thurston, W.R. Castle, +W.C. Wilder, C.L. Carter, and Joseph Marsden, the commissioners on the +part of the Government of the Hawaiian Islands. The provisional treaty, +it will be observed, does not attempt to deal in detail with the +questions that grow out of the annexation of the Hawaiian Islands to the +United States. The commissioners representing the Hawaiian Government +have consented to leave to the future and to the just and benevolent +purposes of the United States the adjustment of all such questions. + +I do not deem it necessary to discuss at any length the conditions which +have resulted in this decisive action. It has been the policy of the +Administration not only to respect but to encourage the continuance of +an independent government in the Hawaiian Islands so long as it afforded +suitable guaranties for the protection of life and property and +maintained a stability and strength that gave adequate security against +the domination of any other power. The moral support of this Government +has continually manifested itself in the most friendly diplomatic +relations and in many acts of courtesy to the Hawaiian rulers. + +The overthrow of the monarchy was not in any way promoted by this +Government, but had its origin in what seems to have been a reactionary +and revolutionary policy on the part of Queen Liliuokalani, which put +in serious peril not only the large and preponderating interests of the +United States in the islands, but all foreign interests, and, indeed, +the decent administration of civil affairs and the peace of the islands. +It is quite evident that the monarchy had become effete and the Queen's +Government so weak and inadequate as to be the prey of designing and +unscrupulous persons. The restoration of Queen Liliuokalani to her +throne is undesirable, if not impossible, and unless actively supported +by the United States would be accompanied by serious disaster and the +disorganization of all business interests. The influence and interest of +the United States in the islands must be increased and not diminished. + +Only two courses are now open--one the establishment of a protectorate +by the United States, and the other annexation full and complete. I +think the latter course, which has been adopted in the treaty, will be +highly promotive of the best interests of the Hawaiian people, and is +the only one that will adequately secure the interests of the United +States. These interests are not wholly selfish. It is essential that +none of the other great powers shall secure these islands. Such a +possession would not consist with our safety and with the peace of the +world. This view of the situation is so apparent and conclusive that no +protest has been heard from any government against proceedings looking +to annexation. Every foreign representative at Honolulu promptly +acknowledged the Provisional Government, and I think there is a general +concurrence in the opinion that the deposed Queen ought not to be +restored. + +Prompt action upon this treaty is very desirable. If it meets the +approval of the Senate, peace and good order will be secured in the +islands under existing laws until such time as Congress can provide +by legislation a permanent form of government for the islands. This +legislation should be, and I do not doubt will be, not only just to the +natives and all other residents and citizens of the islands, but should +be characterized by great liberality and a high regard to the rights of +all people and of all foreigners domiciled there. The correspondence +which accompanies the treaty will put the Senate in possession of all +the facts known to the Executive. + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _Washington, February 16, 1893_. + +_To the Senate_: + +I transmit herewith a letter from the Secretary of State of the 15th +instant, covering a report, with accompanying correspondence, respecting +relations between the United States and the Hawaiian Islands from +September, 1820, to January, 1893. + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _Washington, February 20, 1893_. + +_To the Senate of the United States_: + +I transmit herewith a report submitted by the Acting Secretary of State +in response to the resolution of the Senate of February 2 last, relating +to the building of the Ozama River bridge at Santo Domingo City by +American citizens. + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _Washington, February 21, 1893_. + +_To the Senate and House of Representatives_: + +I transmit herewith a communication of the Secretary of State, +transmitting the official report of the American delegates to the +International Monetary Conference convened at Brussels on November 22, +1892, with its accompaniments. + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _February 25, 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. 3811) +entitled "An act to amend an act entitled 'An act to grant to the Mobile +and Dauphin Island Railroad and Harbor Company the right to trestle +across the shoal water between Cedar Point and Dauphin Island,' approved +September 26, 1890." + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _Washington, February 27, 1893_. + +_To the Senate and House of Representatives_: + +I herewith transmit, for the information of Congress, a communication +from the Acting Secretary of State, forwarding certain bulletins of the +Bureau of the American Republics. + +BENJ. HARRISON. + + + +EXECUTIVE MANSION, _Washington, D.C., March 1, 1893_. + +_To the Senate and House of Representatives_: + +I transmit herewith the fifth special report of the Commissioner of +Labor. The report relates to the so-called "Gothenburg system" of +regulating the liquor traffic, the system prevailing in Norway and +Sweden. + +BENJ. HARRISON. + + + + +VETO MESSAGE. + + +EXECUTIVE MANSION, _February 27, 1893_. + +_To the House of Representatives_: + +I return herewith without my approval an act (H.R. 9612) entitled "An +act to prescribe the number of district attorneys and marshals in the +judicial districts of the State of Alabama." + +Under the present law there is a district attorney for the southern +district of Alabama, a district attorney for the northern and middle +districts, a marshal for the northern district, and a marshal for the +southern and middle districts. + +An examination of the records of the Attorney-General's office as to the +amount of business in the courts in these districts leads me to believe +that two districts would provide amply for the disposition of all public +and private cases. The law creates two new officers, whose aggregate +compensation may be $12,000 per annum, without, it seems to me, a +justifying necessity. But the most serious objection to the legislation +is that it creates at once upon the taking effect of the law the offices +of district attorney and marshal for each of the three districts, and +the effect, it seems to me, must be to abolish the offices as they now +exist. + +No provision is made for a continued discharge of the duties of marshal +and district attorney by the present incumbents. A serious question +would be raised as to whether these officers were not at once legislated +out of office and vacancies created. As these vacancies could not be +filled immediately, the business of the courts would seriously suffer. +The law should at least have contained a provision for the continued +discharge of their duties by the incumbents until the new officers were +appointed and qualified. + +BENJ. HARRISON. + + + + +PROCLAMATIONS. + + +BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. + +A PROCLAMATION. + +Whereas it is provided by section 24 of the act of Congress approved +March 3, 1891, entitled "An act to repeal timber-culture laws, and for +other purposes"-- + + That the President of the United States may from time to time set + apart and reserve in any State or Territory having public land bearing + forests, in any part of the public lands wholly or in part covered with + timber or undergrowth, whether of commercial value or not, as public + reservations; and the President shall by public proclamation declare + the establishment of such reservations and the limits thereof. + + +And whereas it is made to appear, by petition and otherwise, that the +interests of the public and the welfare of the people of the State of +Colorado will be materially benefited and subserved by the reservation +of the public and forest lands hereinafter described: + +Now, therefore, I, Benjamin Harrison, President of the United States, +by virtue of the power in me vested by said act, do hereby set apart, +reserve, and establish as a public reservation all that tract of land +in the State of Colorado embraced in the following boundary and +description, to wit: + +Beginning at the confluence of the North Fork of the South Platte River +with the South Platte River; thence up the middle of the channel of the +North Fork of the South Platte River to the range line between township +seven (7) south, ranges seventy-four (74) and seventy-five (75) west of +the sixth (6th) principal meridian; thence northerly on said range line +to the northeast corner of township seven (7) south, range seventy-five +(75) west; thence westerly on the township line between townships six +(6) and seven (7) south to the northwest corner of township seven (7) +south, range seventy-six (76) west; thence southerly on the range line +between ranges seventy-six (76) and seventy-seven (77) west to the +northeast corner of section thirteen (13), township seven (7) south, +range seventy-seven (77) west; thence westerly on the section line +between sections twelve (12) and thirteen (13) to the northwest corner +of section thirteen (13) of said township and range; thence southerly +on the section line between sections thirteen (13) and fourteen (14), +twenty-three (23) and twenty-four (24), and twenty-five (25) and +twenty-six (26) to the northeast corner of section thirty-five (35) of +said township and range; thence westerly on the section line between +sections twenty-six (26) and thirty-five (35) and twenty-seven (27) and +thirty-four (34) to the northwest corner of section thirty-four (34) of +said township and range; thence southerly on the section line between +sections thirty-three (33) and thirty-four (34) of said township and +range and sections three (3) and four (4), nine (9) and ten (10), +and fifteen (15) and sixteen (16), township eight (8) south, range +seventy-seven (77) west, to the northeast corner of section twenty-one +(21) of said last-named township and range; thence westerly on the +section line between sections sixteen (16) and twenty-one (21), +seventeen (17) and twenty (20), and eighteen (18) and nineteen (19) +to the northwest corner of section nineteen (19) of said township and +range; thence southerly on the range line between ranges seventy-seven +(77) and seventy-eight (78) west to the northeast corner of section +thirteen (13), township nine (9) south, range seventy-eight (78) west; +thence westerly on the section line between sections twelve (12) and +thirteen (13) and eleven (11) and fourteen (14) to the northwest corner +of section fourteen (14) of said township and range; thence southerly on +the section line between sections fourteen (14) and fifteen (15) to the +southwest corner of said section fourteen (14); thence westerly on the +section, line between sections fifteen (15) and twenty-two (22) and +sixteen (16) and twenty-one (21) to the northwest corner of section +twenty-one (21) of said township and range; thence southerly on the +section line between sections twenty (20) and twenty-one (21) and +twenty-eight (28) and twenty-nine (29) to the southwest corner of +section twenty-eight (28) of said township and range; thence easterly +on the section line between sections twenty-eight (28) and thirty-three +(33) to the southeast corner of said section twenty-eight (28); thence +southerly on the section line between sections thirty-three (33) and +thirty-four (34) of said township and range and sections three (3) and +four (4), nine (9) and ten (10), and fifteen (15) and sixteen (16), +township ten (10) south, range seventy-eight (78) west, to the northeast +corner of section twenty-one (21) of said last-named township and range; +thence westerly on the section line between sections sixteen (16) and +twenty-one (21), seventeen (17) and twenty (20), and eighteen (18) and +nineteen (19) to the northwest corner of section nineteen (19) of said +township and range; thence southerly on the range line between ranges +seventy-eight (78) and seventy-nine (79) west to the southwest corner of +township ten (10) south, range seventy-eight (78) west; thence westerly +on the second (2d) correction line south to the northwest corner of +section one (1), township eleven (11) south, range seventy-nine (79) +west; thence southerly on the section line between sections one (1) and +two (2), eleven (11) and twelve (12), thirteen (13) and fourteen (14), +twenty-three (23) and twenty-four (24), twenty-five (25) and twenty-six +(26), and thirty-five (35) and thirty-six (36) of said township and +range and sections one (1) and two (2), eleven (11) and twelve (12), +and thirteen (13) and fourteen (14), township twelve (12) south, range +seventy-nine (79) west, to the southwest corner of section thirteen (13) +of said last-named township and range; thence easterly on the section +line between sections thirteen (13) and twenty-four (24) of said +township and range and sections eighteen (18) and nineteen (19), +seventeen (17) and twenty (20), sixteen (16) and twenty-one (21), and +fifteen (15) and twenty-two (22), township twelve (12) south, range +seventy-eight (78) west, to the quarter-section corner between said +sections fifteen (15) and twenty-two (22); thence southerly through the +middle of sections twenty-two (22), twenty-seven (27), and thirty-four +(34) to the quarter-section corner on the south boundary of section +thirty-four (34) of said township and range; thence easterly on the +township line between townships twelve (12) and thirteen (13) south, +range seventy-eight (78) west, to the northwest corner of township +thirteen (13) south, range seventy-seven (77) west; thence southerly on +the range line between ranges seventy-seven (77) and seventy-eight (78) +west to the southwest corner of section six (6), township thirteen (13) +south, range seventy-seven (77) west; thence easterly on the section +line between sections six (6) and seven (7), five (5) and eight (8), and +four (4) and nine (9) to the southeast corner of section four (4) of +said township and range; thence northerly on the section line between +sections three (3) and four (4) of said township and range and sections +thirty-three (33) and thirty-four (34), township twelve (12) south, +range seventy-seven (77) west, to the northeast corner of section +thirty-three (33) of said last-named township and range; thence easterly +on the section line between sections twenty-seven (27) and thirty-four +(34) to the southeast corner of section twenty-seven (27) of said +township and range; thence northerly on the section line between +sections twenty-six (26) and twenty-seven (27), twenty-two (22) and +twenty-three (23), fourteen (14) and fifteen (15), ten (10) and eleven +(11), and two (2) and three (3) of said township and range and sections +thirty-four (34) and thirty-five (35), township eleven (11) south, range +seventy-seven (77) west, to the northeast corner of section thirty-four +(34) of said township and range; thence westerly on the section line +between sections twenty-seven (27) and thirty-four (34) to the northwest +corner of said section thirty-four (34); thence northerly on the section +line between sections twenty-seven (27) and twenty-eight (28) to the +northeast corner of section twenty-eight (28) of said township and +range; thence westerly on the section line between sections twenty-one +(21) and twenty-eight (28), twenty (20) and twenty-nine (29), and +nineteen (19) and thirty (30) to the northwest corner of section thirty +(30) of said township and range; thence northerly on the range line +between ranges seventy-seven (77) and seventy-eight (78) west to the +northeast corner of township eleven (11) south, range seventy-eight (78) +west; thence easterly on the second (2d) correction line south to the +southeast corner of township ten (10) south, range seventy-eight (78) +west; thence northerly on the range line between ranges seventy-seven +(77) and seventy-eight (78) west to the southwest corner of section +eighteen (18), township nine (9) south, range seventy-seven (77) west; +thence easterly on the section line between sections eighteen (18) +and nineteen (19), seventeen (17) and twenty (20), sixteen (16) and +twenty-one (21), and fifteen (15) and twenty-two (22) to the southeast +corner of section fifteen (15) of said township and range; thence +northerly on the section line between sections fourteen (14) and fifteen +(15) and ten (10) and eleven (11) to the southwest corner of section +two (2) of said township and range; thence easterly on the section line +between sections two (2) and eleven (11) and one (1) and twelve (12) +to the southeast corner of section one (1) of said township and range; +thence northerly on the range line between ranges seventy-six (76) and +seventy-seven (77) west to the southwest corner of township eight (8) +south, range seventy-six (76) west; thence easterly on the township line +between townships eight (8) and nine (9) south, range seventy-six (76) +west, to the southeast corner of section thirty-one (31), township eight +(8) south, range seventy-six (76) west; thence northerly on the section +line between sections thirty-one (31) and thirty-two (32) to the +southwest corner of section twenty-nine (29) of said township and range; +thence easterly on the section line between sections twenty-nine (29) +and thirty-two (32) to the southeast corner of said section twenty-nine +(29); thence northerly on the section line between sections twenty-eight +(28) and twenty-nine (29) and twenty (20) and twenty-one (21) to the +southwest corner of section sixteen (16) of said township and range; +thence easterly on the section line between sections sixteen (16) and +twenty-one (21) to the southeast corner of said section sixteen (16); +thence northerly on the section line between sections fifteen (15) and +sixteen (16), nine (9) and ten (10), and three (3) and four (4) of said +township and range, and sections thirty-three (33) and thirty-four (34), +township seven (7) south, range seventy-six (76) west, to the southwest +corner of section twenty-seven (27) of said township and range; thence +easterly on the section line between sections twenty-seven (27) and +thirty-four (34), twenty-six (26) and thirty-five (35), and twenty-five +(25) and thirty-six (36) of said township and range, and sections +thirty (30) and thirty-one (31), twenty-nine (29) and thirty-two (32), +twenty-eight (28) and thirty-three (33), and twenty-seven (27) and +thirty-four (34), township seven (7) south, range seventy-five (75) +west, to the northwest corner of section thirty-five (35) of said +township and range; thence southerly on the section line between +sections thirty-four (34) and thirty-five (35) of said township and +range and sections two (2) and three (3), ten (10) and eleven (11), +fourteen (14) and fifteen (15), twenty-two (22) and twenty-three (23), +twenty-six (26) and twenty-seven (27), and thirty-four (34) and +thirty-five (35), township eight (8) south, range seventy-five (75) +west, to the southwest corner of section thirty-five (35) of said +township and range; thence easterly on the township line between +townships eight (8) and nine (9) south, range seventy-five (75) west, to +the northwest corner of township nine (9) south, range seventy-four (74) +west; thence southerly on the range line between ranges seventy-four +(74) and seventy-five (75) west to the southwest corner of township ten +(10) south, range seventy-four (74) west; thence easterly on the second +(2d) correction line south to the northwest corner of township eleven +(11) south, range seventy-three (73) west; thence southerly on the range +line between ranges seventy-three (73) and seventy-four (74) west to the +northeast corner of section thirteen (13), township twelve (12) south, +range seventy-four (74) west; thence westerly on the section line +between sections twelve (12) and thirteen (13) and eleven (11) and +fourteen (14) of said township and range to the quarter-section corner +between said sections eleven (11) and fourteen (14); thence southerly +through the middle of sections fourteen (14), twenty-three (23), and +twenty-six (26) to the center of section twenty-six (26) of said +township and range; thence easterly through the middle of sections +twenty-six (26) and twenty-five (25) to the quarter-section corner on +the range line between section twenty-five (25), township twelve (12) +south, range seventy-four (74) west, and section thirty (30), township +twelve (12) south, range seventy-three (73) west; thence southerly on +said range line to the southwest corner of township twelve (12) south, +range seventy-three (73) west; thence easterly on the township line +between townships twelve (12) and thirteen (13) south to the southeast +corner of township twelve (12) south, range seventy-three (73) west; +thence southerly on the range line between ranges seventy-two (72) and +seventy-three (73) west to the northeast corner of section twenty-four +(24), township thirteen (13) south, range seventy-three (73) west; +thence westerly on the section line between sections thirteen (13) and +twenty-four (24), fourteen (14) and twenty-three (23), fifteen (15) and +twenty-two (22), sixteen (16) and twenty-one (21), seventeen (17) and +twenty (20), and eighteen (18) and nineteen (19) to the northwest corner +of section nineteen (19) of said township and range; thence southerly on +the range line between ranges seventy-three (73) and seventy-four (74) +west to the quarter-section corner on the west boundary of section +eighteen (18), township fourteen (14) south, range seventy-three (73) +west; thence easterly through the middle of sections eighteen (18) and +seventeen (17), sixteen (16), fifteen (15), fourteen (14), and thirteen +(13), township fourteen (14) south, range seventy-three (73) west, and +sections eighteen (18) and seventeen (17), township fourteen (14) south, +range seventy-two (72) west, to the quarter-section corner between +sections seventeen (17) and sixteen (16) of said last-named township and +range; thence northerly on the section line between sections sixteen +(16) and seventeen (17) and eight (8) and nine (9) to the northeast +corner of section eight (8) of said township and range; thence easterly +on the section line between sections four (4) and nine (9), three (3) +and ten (10), two (2) and eleven (11), and one (1)and twelve (12) to the +southeast corner of section one (1) of said township and range; thence +northerly on the range line between ranges seventy-one (71) and +seventy-two (72) west to the southwest corner of township thirteen (13) +south, range seventy-one (71) west; thence easterly on the township line +between townships thirteen (13) and fourteen (14) south to the southeast +corner of section thirty-three (33), township thirteen (13) south, range +seventy-one (71) west; thence northerly on the section line between +sections thirty-three (33) and thirty-four (34), twenty-seven (27) and +twenty-eight (28), twenty-one (21) and twenty-two (22), fifteen (15) +and sixteen (16), nine (9) and ten (10), and three (3) and four (4) of +said township and range, and between sections thirty-three (33) and +thirty-four (34), twenty-seven (27) and twenty-eight (28), twenty-one +(21) and twenty-two (22), fifteen (15) and sixteen (16), nine (9) and +ten (10), and three (3) and four (4), township twelve (12) south, range +seventy-one (71) west, and between sections thirty-three (33) and +thirty-four (34), twenty-seven (27) and twenty-eight (28), twenty-one +(21) and twenty-two (22), fifteen (15) and sixteen (16), nine (9) and +ten (10), and three (3) and four (4), township eleven (11) south, range +seventy-one (71) west, to the northeast corner of section four (4) of +said last-named township and range; thence easterly on the second (2d) +correction line south to the southeast corner of section thirty-three +(33), township ten (10) south, range seventy-one (71) west; thence +northerly on the section line between sections thirty-three (33) and +thirty-four (34) of said township and range to the middle of the channel +of the South Platte River; thence down the middle of the channel of the +said river to its confluence with the North Fork of the South Platte +River, the place of beginning, to be known as the South Platte Forest +Reserve. + +Excepting from the force and effect of this proclamation all lands which +may have been prior to the date hereof embraced in any legal entry or +covered by any lawful filing duly of record in the proper United States +land office, or upon which any valid settlement has been made pursuant +to law and the statutory period within which to make entry or filing +of record has not expired, and all mining claims duly located and held +according to the laws of the United States and rules and regulations +not in conflict therewith. + +_Provided_, That this exception shall not continue to apply to any +particular tract of land unless the entryman, settler, or claimant +continues to comply with the law under which the entry, filing, +settlement, or location was made. + +Warning is hereby expressly given to all persons not to enter or make +settlement upon the tract of land reserved by this proclamation. + +In witness whereof I have hereunto set my hand and caused the seal of +the United States to be affixed. + +[SEAL.] + +Done at the city of Washington, this 9th day of December, A.D. 1892, and +of the Independence of the United States the one hundred and +seventeenth. + +BENJ. HARRISON. + +By the President: + JOHN W. FOSTER, + _Secretary of State_. + + + +BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. + +A PROCLAMATION. + +Whereas it is provided by section 24 of the act of Congress approved +March 3, 1891, entitled "An act to repeal timber-culture laws, and for +other purposes"-- + + That the President of the United States may from time to time set + apart and reserve in any State or Territory having public land bearing + forests, in any part of the public lands wholly or in part covered with + timber or undergrowth, whether of commercial value or not, as public + reservations; and the President shall by public proclamation declare + the establishment of such reservations and the limits thereof. + + +And whereas the public lands in the State of California within the +limits hereinafter described are in part covered with timber, and it +appears that the public good would be promoted by setting apart and +reserving said lands as a public reservation: + +Now, therefore, I, Benjamin Harrison, President of the United States, +by virtue of the power in me vested by section 24 of the aforesaid act +of Congress, do hereby make known and proclaim that there is hereby +reserved from entry or settlement and set apart as a public reservation +all those certain tracts, pieces, or parcels of land lying and being +situate in the State of California and particularly described as +follows, to wit: + +Beginning at the northeast corner of township three (3) north, range six +(6) west of the San Bernardino meridian; thence westerly on the surveyed +and unsurveyed township line between townships three (3) and four (4) +north, ranges six (6) and seven (7) west, to the northeast corner of +township three (3) north, range eight (8) west; thence northerly on the +unsurveyed and surveyed range line between ranges seven (7) and eight +(8) west to the northeast corner of section twenty-four (24), township +four (4) north, range eight (8) west; thence westerly on the surveyed +and unsurveyed section line between sections thirteen (13) and +twenty-four (24), fourteen (14) and twenty-three (23), fifteen (15) and +twenty-two (22), sixteen (16) and twenty-one (21), seventeen (17) and +twenty (20), and eighteen (18) and nineteen (19) of said township and +range to the point for the northwest corner of section nineteen (19) of +said township and range; thence northerly on the unsurveyed and surveyed +range line between ranges eight (8) and nine (9) west to the northeast +corner of township four (4) north, range nine (9) west; thence westerly +on the township line between townships four (4) and five (5) north, +range nine (9) west, to the southeast corner of township five (5) north, +range ten (10) west; thence northerly on the range line between ranges +nine (9) and ten (10) west to the northeast corner of section thirty-six +(36) of said township and range; thence westerly on the section line +between sections twenty-five (25) and thirty-six (36), twenty-six (26) +and thirty-five (35), and twenty-seven (27) and thirty-four (34) to +the southeast corner of section twenty-eight (28) of said township +and range; thence northerly on the section line between sections +twenty-seven (27) and twenty-eight (28) to the northeast corner of said +section twenty-eight (28); thence westerly on the section line between +sections twenty-one (21) and twenty-eight (28), twenty (20) and +twenty-nine (29), and nineteen (19) and thirty (30) of said last-named +township and range, and on the unsurveyed section line between sections +twenty-four (24) and twenty-five (25), twenty-three (23) and twenty-six +(26), twenty-two (22) and twenty-seven (27), twenty-one (21) and +twenty-eight (28), twenty (20) and twenty-nine (29), and nineteen (19) +and thirty (30), township five (5) north, range eleven (11) west, to the +point for the northwest corner of section thirty (30) of said last-named +township and range; thence southerly on the range line between ranges +eleven (11) and twelve (12) west to the southeast corner of township +five (5) north, range twelve (12) west; thence westerly on the township +line between townships four (4) and five (5) north to the southwest +corner of township five (5) north, range twelve (12) west; thence +southerly on the range line between ranges twelve (12) and thirteen (13) +west to the northeast corner of section twenty-four (24), township four +(4) north, range thirteen (13) west; thence westerly on the section line +between sections thirteen (13) and twenty-four (24), fourteen (14) and +twenty-three (23), fifteen (15) and twenty-two (22), sixteen (16) and +twenty-one (21), seventeen (17) and twenty (20), and eighteen (18) and +nineteen (19) of said township and range, and sections thirteen (13) and +twenty-four (24), fourteen (14) and twenty-three (23), fifteen (15) and +twenty-two (22), sixteen (16) and twenty-one (21), seventeen (17) and +twenty (20), and eighteen (18) and nineteen (19), township four (4) +north, range fourteen (14) west, to the northwest corner of section +nineteen (19) of said last-named township and range; thence southerly +on the surveyed and unsurveyed range line between ranges fourteen (14) +and fifteen (15) west to the point for the southwest corner of township +three (3) north, range fourteen (14) west; thence easterly on the +unsurveyed township line between townships two (2) and three (3) north, +range fourteen (14) west, to a point for the northwest corner of section +four (4), township two (2) north, range fourteen (14) west; thence +southerly on the unsurveyed section line between sections four (4) and +five (5) to the point for the southwest corner of said section four (4); +thence easterly on the unsurveyed section line between sections four (4) +and nine (9), three (3) and ten (10), two (2) and eleven (11), and one +(1) and twelve (12) to a point for the southeast corner of section one +(1) of said township and range; thence southerly on the range line +between ranges thirteen (13) and fourteen (14) west to the southwest +corner of section seven (7), township two (2) north, range thirteen +(13) west; thence easterly on the surveyed and unsurveyed section line +between sections seven (7) and eighteen (18), eight (8) and seventeen +(17), nine (9) and sixteen (16), ten (10) and fifteen (15), eleven (11) +and fourteen (14), and twelve (12) and (13) to a point for the northeast +corner of section thirteen (13) of said township and range; thence +southerly on the range line between ranges twelve (12) and thirteen (13) +west to the southwest corner of township two (2) north, range twelve +(12) west; thence easterly on the surveyed and unsurveyed township line +between townships one (1) and two (2) north, range twelve (12) west, +to the point for the northwest corner of section one (1), township one +(1) north, range twelve (12) west; thence southerly on the unsurveyed +section line between sections one (1) and two (2) to the point for +the southwest corner of said section one (1); thence easterly on the +unsurveyed section line between sections one (1) and twelve (12) to the +point for the southeast corner of said section one (1); thence southerly +on the range line between ranges eleven (11) and twelve (12) west to the +southwest corner of section seven (7), township one (1) north, range +eleven (11) west; thence easterly on the section line between sections +seven (7) and eighteen (18), eight (8) and seventeen (17), nine (9) and +sixteen (16), ten (10) and fifteen (15), eleven (11) and fourteen (14), +and twelve (12) and thirteen (13) of said township and range, and +sections seven (7) and eighteen (18), eight (8) and seventeen (17), +nine (9) and sixteen (16), ten (10) and fifteen (15), eleven (11) and +fourteen (14), and twelve (12) and thirteen (13), township one (1) +north, range ten (10) west, to the southeast corner of section twelve +(12) of said last-named township and range; thence southerly on the +range line between ranges nine (9) and ten (10) west to the southwest +corner of section eighteen (18), township one (1) north, range nine (9) +west; thence easterly on the section line between sections eighteen (18) +and nineteen (19), seventeen (17) and twenty (20), sixteen (16) and +twenty-one (21), fifteen (15) and twenty-two (22), fourteen (14) and +twenty-three (23), and thirteen (13) and twenty-four (24) of said +township and range, and sections eighteen (18) and nineteen (19), +seventeen (17) and twenty (20), sixteen (16) and twenty-one (21), +fifteen (15) and twenty-two (22), fourteen (14) and twenty-three (23), +and thirteen (13) and twenty-four (24), township one (1) north, range +eight (8) west, to the southeast corner of section thirteen (13) of +said last-named township and range; thence northerly on the range line +between ranges seven (7) and eight (8) west to the southwest corner of +section seven (7), township one (1) north, range seven (7) west; thence +easterly on the section line between sections seven (7) and eighteen +(18), eight (8) and seventeen (17), nine (9) and sixteen (16), ten (10) +and fifteen (15), eleven (11) and fourteen (14), and twelve (12) and +thirteen (13) of said township and range, and on the surveyed and +unsurveyed section line between sections seven (7) and eighteen (18), +eight (8) and seventeen (17), nine (9) and sixteen (16), ten (10) +and fifteen (15), eleven (11) and fourteen (14), and twelve (12) and +thirteen (13), township one (1) north, range six (6) west, to the point +for the southeast corner of section twelve (12) of said last-named +township and range; thence northerly on the unsurveyed and surveyed +range line between ranges five (5) and six (6) west to the northeast +corner of township three (3) north, range six (6) west, the place of +beginning. + +Excepting from the force and effect of this proclamation all lands which +may have been prior to the date hereof embraced in any legal entry or +covered by any lawful filing duly of record in the proper United States +land office, or upon which any valid settlement has been made pursuant +to law and the statutory period within which to make entry or filing +of record has not expired, and all mining claims duly located and held +according to the laws of the United States and rules and regulations +not in conflict therewith. + +_Provided_, That this exception shall not continue to apply to any +particular tract of land unless the entryman, settler, or claimant +continues to comply with the law under which the entry, filing, +settlement, or location was made. + +Warning is hereby expressly given to all persons not to enter or make +settlement upon the tract of land reserved by this proclamation. + +In witness whereof I have hereunto set my hand and caused the seal of +the United States to be affixed. + +[SEAL.] + +Done at the city of Washington, this 20th day of December, A.D. 1892, +and of the independence of the United States the one hundred and +seventeenth. + +BENJ. HARRISON. + +By the President: + JOHN W. FOSTER, + _Secretary of State_. + + + +BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. + +A PROCLAMATION. + +Whereas it is provided by section 24 of the act of Congress approved +March 3, 1891, entitled "An act to repeal timber-culture laws, and for +other purposes"-- + + That the President of the United States may from time to time set + apart and reserve in any State or Territory having public land bearing + forests, in any part of the public lands wholly or in part covered with + timber or undergrowth, whether of commercial value or not, as public + reservations; and the President shall by public proclamation declare + the establishment of such reservations and the limits thereof. + + +And whereas it is provided by section 14 of said above-mentioned act +that the public lands in the Territory of Alaska reserved for public +purposes shall not be subject to occupation and sale; and + +Whereas the public lands in the Territory of Alaska known as Afognak +Island are in part covered with timber and are required for public +purposes in order that salmon fisheries in the waters of the island, and +salmon and other fish and sea animals, and other animals and birds, and +the timber, undergrowth, grass, moss, and other growth in, on, and about +said island may be protected and preserved unimpaired, and it appears +that the public good would be promoted by setting apart and reserving +said lands as a public reservation; and + +Whereas the United States Commissioner of Fish and Fisheries has +selected Afognak Bay, River, and Lake, with their tributary streams and +the sources thereof, and the lands including the same on said Afognak +Island and within 1 mile from the shores thereof, as a reserve for the +purpose of establishing fish-culture stations and the use of the United +States Commission of Fish and Fisheries, the boundary lines of which +include the headsprings of the tributaries above mentioned and the lands +the drainage of which is into the same: + +Now, therefore, I, Benjamin Harrison, President of the United States, by +virtue of the power in me vested by sections 24 and 14 of the aforesaid +act of Congress and by other laws of the United States, do reserve and +do hereby make known and proclaim that there is hereby reserved from +occupation and sale and set apart as a public reservation, including use +for fish-culture stations, said Afognak Island, Alaska, and its adjacent +bays and rocks and territorial waters, including among others the Sea +Lion Rocks and Sea Otter Island: _Provided_, That this proclamation +shall not be so construed as to deprive any _bona fide_ inhabitant of +said island of any valid right he may possess under the treaty for the +cession of the Russian possessions in North America to the United +States, concluded at Washington on the 30th day of March, 1867. + +Warning is hereby expressly given to all persons not to enter upon or to +occupy the tract or tracts of land or waters reserved by this +proclamation, or to fish in or use any of the waters herein described or +mentioned, and that all persons or corporations now occupying said +island or any of said premises except under said treaty shall depart +therefrom. + +In witness whereof I have hereunto set my hand and caused the seal of +the United States to be affixed. + +[SEAL.] + +Done at the city of Washington, this 24th day of December, A.D. 1892, +and of the Independence of the United States the one hundred and +seventeenth. + +BENJ. HARRISON. + +By the President: + JOHN W. FOSTER, + _Secretary of State_. + + + +BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. + +A PROCLAMATION. + +Whereas it is provided by section 24 of the act of Congress approved +March 3, 1891, entitled "An act to repeal timber-culture laws, and for +other purposes"-- + + That the President of the United States may from time to time set + apart and reserve in any State or Territory having public land bearing + forests, in any part of the public lands wholly or in part covered with + timber or undergrowth, whether of commercial value or not, as public + reservations; and the President shall by public proclamation declare + the establishment of such reservations and the limits thereof. + + +And whereas the public lands in the State of Colorado within the limits +hereinafter described are in part covered with timber, and it appears +that the public good would be promoted by setting apart and reserving +said lands as a public reservation: + +Now, therefore, I, Benjamin Harrison, President of the United States, +by virtue of the power in me vested by section 24 of the aforesaid act +of Congress, do hereby make known and proclaim that there is hereby +reserved from entry or settlement and set apart as a public reservation +all those certain tracts, pieces, or parcels of land lying and being +situate in the State of Colorado and particularly described as follows, +to wit: + +Beginning at the northeast corner of township seven (7) south, range +ninety-three (93) west of the sixth (6th) principal meridian; thence +westerly along the township line between townships six (6) and seven +(7) south to the northwest corner of township seven (7) south, range +ninety-three (93) west; thence southerly along the range line between +ranges ninety-three (93) and ninety-four (94) west to the northwest +corner of section nineteen (19), township seven (7) south, range +ninety-three (93) west; thence westerly along the unsurveyed section +line between sections thirteen (13) and twenty-four (24), fourteen (14) +and twenty-three (23), fifteen (15) and twenty-two (22), sixteen (16) +and twenty-one (21), seventeen (17) and twenty (20), and eighteen (18) +and nineteen (19), township seven (7) south, range ninety-four (94) +west, to the northwest corner of section nineteen (19) of said township +and range; thence southerly along the range line between ranges +ninety-four (94) and ninety-five (95) west to the northwest corner of +township eight (8) south, range ninety-four (94) west; thence westerly +along the township line between townships seven (7) and eight (8) south +to the northwest corner of section three (3), township eight (8) south, +range ninety-five (95) west; thence southerly along the section line +between sections three (3) and four (4), nine (9) and ten (10), and +fifteen (15) and sixteen (16) to the northwest corner of section +twenty-two (22) of said township and range; thence westerly along +the section line between sections sixteen (16) and twenty-one (21), +seventeen (17) and twenty (20), and eighteen (18) and nineteen (19) of +said township and range, and sections thirteen (13) and twenty-four +(24), fourteen (14) and twenty-three (23), and fifteen (15) and +twenty-two (22), township eight (8) south, range ninety-six (96) west, +to the northwest corner of section twenty-two (22) of said township and +range; thence southerly along the section line between sections +twenty-one (21) and twenty-two (22), twenty-seven (27) and twenty-eight +(28), and thirty-three (33) and thirty-four (34) of said township and +range to the northwest corner of section three (3), township nine (9) +south, range ninety-six (96) west; thence westerly along the township +line between townships eight (8) and nine (9) south to the northwest +corner of section three (3), township nine (9) south, range ninety-seven +(97) west; thence southerly along the section line between sections +three (3) and four (4), nine (9) and ten (10), fifteen (15) and sixteen +(16), twenty-one (21) and twenty-two (22), twenty-seven (27) and +twenty-eight (28), and thirty-three (33) and thirty-four (34) to the +southwest corner of section thirty-four (34) of said township and range; +thence easterly along the township line between townships nine (9) and +ten (10) south to the southeast corner of township nine (9) south, range +ninety-six (96) west; thence northerly along the range line between +ranges ninety-five (95) and ninety-six (96) west to the southeast corner +of section thirteen (13), township nine (9) south, range ninety-six (96) +west; thence easterly along the section line between sections eighteen +(18) and nineteen (19), seventeen (17) and twenty (20), sixteen (16) and +twenty-one (21), fifteen (15) and twenty-two (22), fourteen (14) and +twenty-three (23), and thirteen (13) and twenty-four (24), township +nine (9) south, range ninety-five (95) west, to the southeast corner of +section thirteen (13) of said township and range; thence northerly along +the range line between ranges ninety-four (94) and ninety-five (95) west +to the southeast corner of township eight (8) south, range ninety-five +(95) west; thence easterly along the township line between townships +eight (8) and nine (9) south to the southwest corner of township eight +(8) south, range ninety-two (92) west; thence southerly along the range +line between ranges ninety-two (92) and ninety-three (93) west to the +southwest corner of township ten (10) south, range ninety-two (92) west; +thence westerly along the second (2d) correction line south between +townships ten (10) and eleven (11) south to the northwest corner of +township eleven (11) south, range ninety-six (96) west; thence southerly +along the range line between ranges ninety-six (96) and ninety-seven +(97) west to the northwest corner of township twelve (12) south, range +ninety-six (96) west; thence westerly along the township line between +townships eleven (11) and twelve (12) south to the northwest corner of +fractional section two (2), fractional township twelve (12) south, +fractional range ninety-eight (98) west; thence southerly along the +range line between fractional range ninety-eight (98) west of the sixth +(6th) principal meridian and range two (2) east of the Ute principal +meridian to the southwest corner of fractional section thirty-five (35), +fractional township thirteen (13) south, fractional range ninety-eight +(98) west of the sixth (6th) principal meridian; thence easterly along +the township line between township thirteen (13) and fractional township +fourteen (14) south to the southwest corner of township thirteen (13) +south, range ninety-six (96) west; thence southerly along the range +line between ranges ninety-six (96) and ninety-seven (97) west to the +southwest corner of township fourteen (14) south, range ninety-six +(96) west; thence easterly along the township line between townships +fourteen (14) and fifteen (15) south to the southeast corner of +section thirty-three (33), township fourteen (14) south, range +ninety-five (95) west; thence northerly along the section line between +sections thirty-three (33) and thirty-four (34), twenty-seven (27) and +twenty-eight (28), twenty-one (21) and twenty-two (22), fifteen (15) +and sixteen (16), nine (9) and ten (10), and three (3) and four (4), +townships fourteen (14) and thirteen (13) south, range ninety-five (95) +west, and sections thirty-three (33) and thirty-four (34), twenty-seven +(27) and twenty-eight (28), and twenty-one (21) and twenty-two (22), +township twelve (12) south, range ninety-five (95) west, to the +southeast corner of section sixteen (16) of said township and range; +thence easterly along the section line between sections fifteen (15) and +twenty-two (22), fourteen (14) and twenty-three (23), and thirteen (13) +and twenty-four (24), township twelve (12) south, range ninety-five (95) +west, and sections eighteen (18) and nineteen (19), seventeen (17) +and twenty (20), sixteen (16) and twenty-one (21), fifteen (15) and +twenty-two (22), fourteen (14) and twenty-three (23), and thirteen (13) +and twenty-four (24), township twelve (12) south, range (94) west, to +the south west corner of section eighteen (18), township twelve (12) +south, range ninety-three (93) west; thence southerly along the range +line between ranges ninety-three (93) and ninety-four (94) west to the +southwest corner of township twelve (12) south, range ninety-three (93) +west; thence easterly along the township line between townships twelve +(12) and thirteen (13) south to the southeast corner of township twelve +(12) south, range ninety-two (92) west; thence northerly along the range +line between ranges ninety-one (91) and ninety-two (92) west to the +southeast corner of township eleven (11) south, range ninety-two (92) +west; thence easterly along the township line between townships eleven +(11) and twelve (12) south to the southwest corner of township eleven +(11) south, range ninety (90) west; thence southerly along the range +line between ranges ninety (90) and ninety-one (91) west to the +southwest corner of township twelve (12) south, range ninety (90) west; +thence easterly along the township line between townships twelve (12) +and thirteen (13) south to the southeast corner of township twelve (12) +south, range eighty-nine (89) west; thence northerly along the surveyed +and unsurveyed range line between ranges eighty-eight (88) and +eighty-nine (89) west to the northeast corner of township eleven (11) +south, range eighty-nine (89) west; thence easterly along the second +(2d) correction line south to the southeast corner of township ten (10) +south, range eighty-nine (89) west; thence northerly along the range +line between ranges eighty-eight (88) and eighty-nine (89) west to the +northeast corner of township nine (9) south, range eighty-nine (89) +west; thence westerly along the township line between townships eight +(8) and nine (9) south to the northeast corner of township nine (9) +south, range ninety (90) west; thence northerly along the range line +between ranges eighty-nine (89) and ninety (90) west to the northeast +corner of township eight (8) south, range ninety (90) west; thence +westerly along the surveyed and unsurveyed township line between +townships seven (7) and eight (8) south to the northeast corner of +township eight (8) south, range ninety-three (93) west; thence northerly +along the range line between ranges ninety-two (92) and ninety-three +(93) west to the northeast corner of township seven (7) south, range +ninety-three (93) west, the place of beginning. + +Excepting from the force and effect of this proclamation all lands which +may have been prior to the date hereof embraced in any legal entry or +covered by any lawful filing duly of record in the proper United States +land office, or upon which any valid settlement has been made pursuant +to law and the statutory period within which to make entry or filing +of record has not expired, and all mining claims duly located and held +according to the laws of the United States and rules and regulations +not in conflict therewith. + +_Provided_, That this exception shall not continue to apply to any +particular tract of land unless the entryman, settler, or claimant +continues to comply with the law under which the entry, filing, +settlement, or location was made. + +Warning is hereby expressly given to all persons not to enter or make +settlement upon the tract of land reserved by this proclamation. + +In witness whereof I have hereunto set my hand and caused the seal of +the United States to be affixed. + +[SEAL.] + +Done at the city of Washington, this 24th day of December, A.D. 1892, +and of the Independence of the United States the one hundred and +seventeenth. + +BENJ. HARRISON. + +By the President: + JOHN W. FOSTER, + _Secretary of State_. + + + +BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. + +A PROCLAMATION. + +Whereas, pursuant to section 3 of the act of Congress approved October +1, 1890, entitled "An act to reduce the revenue and equalize duties on +imports, and for other purposes," the Secretary of State of the United +States of America communicated to the Government of Salvador the action +of the Congress of the United States of America, with a view to secure +reciprocal trade, in declaring the articles enumerated in said section 3 +to be exempt from duty upon their importation into the United States of +America; and + +Whereas the minister for foreign affairs for the Republic of Salvador +has communicated to the envoy extraordinary and minister plenipotentiary +of the United States to Salvador that the Congress of Salvador has by +due legal enactment authorized the executive power to conclude a +definitive commercial arrangement with the United States to supersede +the existing provisional arrangement; and + +Whereas, in reciprocity for the admission into the United States of +America free of all duty of the articles enumerated in section 3 of said +act, the Government of Salvador will admit free of all duty from and +after December 31, 1892, into all the established ports of entry of +Salvador the articles or merchandise named in the following schedule, +provided that the same is the manufacture or product of the United +States: + + + PRODUCTS AND MANUFACTURES OF THE UNITED STATES TO BE ADMITTED INTO + SALVADOR FREE OF CUSTOMS DUTIES AND OF ALL CHARGES, WHETHER NATIONAL + OR PROVINCIAL. + + 1. Cotton-seed oil. + + 2. Live animals. + + 3. Tar, vegetable and mineral. + + 4. Wire, barbed, and staples for fences. + + 5. Apparatus for distilling liquors. + + 6. Plows, cultivators, hoes, axes, machetes, shovels, and rakes. + + 7. Quicksilver. + + 8. Barrels, casks, and tanks of iron for water. + + 9. Mineral ores. + + 10. Boats, lighters, tackle, anchors, chains, girtlines, sails, and + all other articles for vessels, to be used in the ports, lakes, + and rivers of the Republic. + + 11. Coal, mineral. + + 12. Roman cement and hydraulic lime. + + 13. Kettles for making salt. + + 14. Wooden staves, barrel heads and hoops. + + 15. Houses of wood and iron, complete and in parts. + + 16. Beans, potatoes, and onions. + + 17. Fruits, fresh. + + 18. Guano and other fertilizers, natural and artificial. + + 19. Guys for mining purposes. + + 20. Hay and straw for forage. + + 21. Furnaces and instruments for assaying metals. + + 22. Scientific instruments. + + 23. Loadstones. + + 24. Bricks, fire bricks, and crucibles for melting. + + 25. Hops. + + 26. Printed books, pamphlets and newspapers, bound or unbound, maps, + photographs, printed music, and paper for music. + + 27. Corn, rice, barley, and rye. + + 28. Marble, dressed, for furniture, statues, fountains, gravestones, + and building purposes. + + 29. Machinery of all kinds, including sewing machines, and separate or + extra parts for the same. + + 30. Materials of all kinds for the construction and operation of + railroads. + + 31. Materials of all kinds for the construction and operation of + telegraphic and telephonic lines. + + 32. Materials of all kinds for lighting by electricity and gas. + + 33. Materials of all kinds for the construction of wharves in ports, + lakes, or rivers. + + 34. Wood of all kinds for building, in trunks or pieces, beams, + rafters, planks, boards, shingles, and flooring. + + 35. Molds for making sugar. + + 36. Models of machinery and buildings. + + 37. Printing materials, including presses, ink, and all other + accessories. + + 38. Samples of merchandise the duties on which do not exceed $1. + + 39. Gold and silver in bars, dust, or coin. + + 40. Preparations of flour in biscuits, crackers, not sweetened, + macaroni, vermicelli, and tallarin. + + 41. Plates of iron for building purposes. + + 42. Kettles for making sugar. + + 43. Sulphate of quinine. + + 44. Tubes of iron and all other accessories for water supply. + + 45. Wagons, carts, and carriages of all kinds, and separate parts for + the same. + + It is understood that the packages or coverings in which the articles + named in the foregoing schedule are imported shall be free of duty if + they are usual and proper for the purpose. + + +And whereas the Government of Salvador has further stipulated that the +laws and regulations adopted to protect its revenue and prevent fraud +in the declarations and proof that the articles named in the foregoing +schedule are the product or manufacture of the United States of America +shall impose no additional charges on the importer nor undue +restrictions on the articles imported; and + +Whereas the envoy extraordinary and minister plenipotentiary of the +United States to Salvador has informed the Government of Salvador +that its action in granting freedom of duties to the products and +manufactures of the United States of America on their importation into +Salvador is accepted as a due reciprocity for the action of Congress +as set forth in section 3 of said act: + +Now, therefore, be it known that I, Benjamin Harrison, President of the +United States of America, have caused the above-stated modifications of +the tariff laws of Salvador to be made public for the information of the +citizens of the United States of America. + +In testimony whereof I have hereunto set my hand and caused the seal of +the United States to be affixed. + +[SEAL.] + +Done at the city of Washington, this 27th day of December, A.D. 1892, +and of the Independence of the United States the one hundred and +seventeenth. + +BENJ. HARRISON. + +By the President: + JOHN W. FOSTER, + _Secretary of State_. + + + +BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. + +A PROCLAMATION. + +Whereas Congress by a statute approved March 22, 1882, and by statutes +in furtherance and amendment thereof defined the crimes of bigamy, +polygamy, and unlawful cohabitation in the Territories and other places +within the exclusive jurisdiction of the United States and prescribed a +penalty for such crimes; and + +Whereas on or about the 6th day of October, 1890, the Church of the +Latter-day Saints, commonly known as the Mormon Church, through its +president issued a manifesto proclaiming the purpose of said church no +longer to sanction the practice of polygamous marriages and calling upon +all members and adherents of said church to obey the laws of the United +States in reference to said subject-matter; and + +Whereas it is represented that since the date of said declaration the +members and adherents of said church have generally obeyed said laws and +have abstained from plural marriages and polygamous cohabitation; and + +Whereas by a petition dated December 19, 1891, the officials of said +church, pledging the membership thereof to a faithful obedience to the +laws against plural marriage and unlawful cohabitation, have applied to +me to grant amnesty for past offenses against said laws, which request a +very large number of influential non-Mormons residing in the Territories +have also strongly urged; and + +Whereas the Utah Commission in their report bearing date September +15, 1892, recommend that said petition be granted and said amnesty +proclaimed, under proper conditions as to the future observance of the +law, with a view to the encouragement of those now disposed to become +law-abiding citizens; and + +Whereas during the past two years such amnesty has been granted to +individual applicants in a very large number of cases, conditioned +upon the faithful observance of the laws of the United States against +unlawful cohabitation, and there are now pending many more such +applications: + +Now, therefore, I, Benjamin Harrison, President of the United States, +by virtue of the powers in me vested, do hereby declare and grant a full +amnesty and pardon to all persons liable to the penalties of said act by +reason of unlawful cohabitation under the color of polygamous or plural +marriage who have since November 1, 1890, abstained from such unlawful +cohabitation, but upon the express condition that they shall in the +future faithfully obey the laws of the United States hereinbefore named, +and not otherwise. Those who shall fail to avail themselves of the +clemency hereby offered will be vigorously prosecuted. + +In witness whereof I have hereunto set my hand and caused the seal of +the United States to be affixed. + +[SEAL.] + +Done at the city of Washington, this 4th day of January, A.D. 1893, and +of the Independence of the United States the one hundred and +seventeenth. + +BENJ. HARRISON. + +By the President: + JOHN W. FOSTER, + _Secretary of State_. + + + +BY THE PRESIDENT OF THE UNITED STATES OF AMERICA, + +A PROCLAMATION. + +Whereas it is provided by section 24 of the act of Congress approved +March 3, 1891, entitled "An act to repeal timber-culture laws, and for +other purposes"-- + + That the President of the United States may from time to time set + apart and reserve in any State or Territory having public land bearing + forests, in any part of the public lands wholly or in part covered with + timber or undergrowth, whether of commercial value or not, as public + reservations; and the President shall by public proclamation declare + the establishment of such reservations and the limits thereof. + + +And whereas the public lands in the State of California within the +limits hereinafter described are in part covered with timber, and it +appears that the public good would be promoted by setting apart and +reserving said lands as a public reservation: + +Now, therefore, I, Benjamin Harrison, President of the United States, +by virtue of the power in me vested by section 24 of the aforesaid act +of Congress, do hereby make known and proclaim that there is hereby +reserved from entry or settlement and set apart as a public reservation +all those certain tracts, pieces, or parcels of land lying and being +situate in the State of California and within the boundaries +particularly described as follows, to wit: + +Beginning at the northeast corner of township five (5) south, range +thirty (30) east, on the first (1st) standard parallel south, Mount +Diablo meridian, California; thence westerly along said first (1st) +standard parallel to the northwest corner of township five (5) south, +range twenty-one (21) east; thence southerly on the range line between +ranges twenty (20) and twenty-one (21) east to the southwest corner of +township six (6) south, range twenty-one (21) east; thence easterly on +the township line between townships six (6) and seven (7) south to the +southeast corner of township six (6) south, range twenty-one (21) east; +thence southerly on the range line between ranges twenty-one (21) and +twenty-two (22) east to the southwest corner of township seven (7) +south, range twenty-two (22) east; thence easterly along the township +line between townships seven (7) and eight (8) south to the southeast +corner of township seven (7) south, range twenty-two (22) east; thence +southerly along the range line between ranges twenty-two (22) and +twenty-three (23) east to the southwest corner of township eight (8) +south, range twenty-three (23) east; thence easterly along the second +(2d) standard parallel south to the northeast corner of township nine +(9) south, range twenty-three (23) east; thence southerly along the +unsurveyed and surveyed range line between ranges twenty-three (23) and +twenty-four (24) east to the southwest corner of township nine (9) +south, range twenty-four (24) east; thence easterly along the township +line between townships nine (9) and ten (10) south to the southeast +corner of township nine (9) south, range twenty-four (24) east; thence +southerly along the range line between ranges twenty-four (24) and +twenty-five (25) east to the southwest corner of township ten (10) +south, range twenty-five (25) east; thence easterly along the township +line between townships ten (10) and eleven (11) south to the southeast +corner of township ten (10) south, range twenty-five (25) east; thence +southerly along the unsurveyed and surveyed range line between ranges +twenty-five (25) and twenty-six (26) east to the southwest corner of +township twelve (12) south, range twenty-six (26) east; thence easterly +along the third (3d) standard parallel south to the northwest corner +of township thirteen (13) south, range twenty-seven (27) east; thence +southerly along the range line between ranges twenty-six (26) and +twenty-seven (27) east to the southwest corner of township thirteen (13) +south, range twenty-seven (27) east; thence easterly along the township +line between townships thirteen (13) and fourteen (14) south to the +southeast corner of township thirteen (13) south, range twenty-seven +(27) east; thence northerly along the boundary line of "General Grant +National Park" to the northwest corner, easterly the northeast corner, +southerly to the southeast corner, and westerly to the southwest corner +of said park; thence southerly along the range line between ranges +twenty-seven (27) and twenty-eight (28) east to the southwest corner +of township fourteen (14) south, range twenty-eight (28) east; thence +easterly along the township line between townships fourteen (14) and +fifteen (15) south to the southwest corner of township fourteen (14) +south, range thirty-one (31) east; thence southerly along the range line +between ranges thirty (30) and thirty-one (31) east to the fourth (4th) +standard parallel south; thence westerly along said fourth (4th) +standard parallel to the northwest corner of township seventeen (17) +south, range thirty-one (31) east; thence southerly along the range line +between ranges thirty (30) and thirty-one (31) east to the southwest +corner of township seventeen (17) south, range thirty-one (31) east; +thence easterly along the township line between townships seventeen (17) +and eighteen (18) south to the southeast corner of township seventeen +(17) south, range thirty-one (31) east; thence southerly along the range +line between ranges thirty-one (31) and thirty-two (32) east to the +southwest corner of township eighteen (18) south, range thirty-two (32) +east; thence westerly along the township line between townships eighteen +(18) and nineteen (19) south to the northwest corner of township +nineteen (19) south, range thirty (30) east; thence southerly along the +range line between ranges twenty-nine (29) and thirty (30) east to the +fifth (5th) standard parallel south; thence westerly along said fifth +(5th) standard parallel to the northwest corner of township twenty-one +(21) south, range thirty (30) east; thence southerly along the range +line between ranges twenty-nine (29) and thirty (30) east to a point on +said range line where it intersects the northern boundary line of the +"Tule River Indian Reservation;" thence easterly and northeasterly along +the northern boundary line of said reservation to the northeast corner +thereof, located in the southwest quarter of section twenty-one (21), +township twenty-one (21) south, range thirty-one (31) east; thence +southerly along the eastern boundary of said reservation to the +southeast corner thereof, located in the northwest quarter of section +thirty-three (33), township twenty-two (22) south, range thirty-one (31) +east; thence westerly and southwesterly along the southern boundary of +said reservation to a point where it is intersected by the range line +between ranges twenty-nine (29) and thirty (30) east; thence southerly +along said range line to the southwest corner of township twenty-three +(23) south, range thirty (30) east; thence easterly along the township +line between townships twenty-three (23) and twenty-four (24) south to +the southeast corner of township twenty-three (23) south, range thirty +(30) east; thence southerly along the range line between ranges thirty +(30) and thirty-one (31) east to the sixth (6th) standard parallel +south; thence westerly along said sixth (6th) standard parallel to the +northwest corner of township twenty-five (25) south, range thirty-one +(31) east; thence southerly along the range line between ranges thirty +(30) and thirty-one (31) east to the southwest corner of township +twenty-six (26) south, range thirty-one (31) east; thence westerly along +the township line between townships twenty-six (26) and twenty-seven +(27) south to the northwest corner of township twenty-seven (27) south, +range thirty (30) east; thence southerly along the range line between +ranges twenty-nine (29) and thirty (30) east to the seventh (7th) +standard parallel south; thence easterly along said seventh (7th) +standard parallel to the southeast corner of township twenty-eight (28) +south, range thirty-seven (37) east; thence northerly along the range +line between ranges thirty-seven (37) and thirty-eight (38) east to the +sixth (6th) standard parallel south; thence easterly along said sixth +(6th) standard parallel to the southeast corner of township twenty-four +(24) south, range thirty-seven (37) east; thence northerly along the +range line between ranges thirty-seven (37) and thirty-eight (38) east +to the northeast corner of township twenty-four (24) south, range +thirty-seven (37) east; thence easterly along the township line between +townships twenty-three (23) and twenty-four (24) south to the southeast +corner of township twenty-three (23) south, range thirty-seven (37) +east; thence northerly along the range line between ranges thirty-seven +(37) and thirty-eight (38) east to the fifth (5th) standard parallel +south; thence westerly along said fifth (5th) standard parallel south to +the southeast corner of section thirty-one (31), township twenty (20) +south, range thirty-seven (37) east; thence northerly along the western +boundary line of sections thirty-two (32), twenty-nine (29), twenty +(20), seventeen (17), eight (8), and five (5) to the northwest corner of +section five (5) in said township and range; thence westerly along the +township line between townships nineteen (19) and twenty (20) south to +the southeast corner of township nineteen (19) south, range thirty-six +(36) east; thence northerly along the range line between ranges +thirty-six (36) and thirty-seven (37) east to the quarter-section corner +on the east line of section thirty-six (36), township nineteen (19) +south, range thirty-six (36) east, westerly on a line through the +centers of sections thirty-six (36) and thirty-five (35) to the center +of section thirty-five (35), northerly on a line through the centers +of sections thirty-five (35), twenty-six (26), twenty-three (23), and +fourteen (14) to the center of section fourteen (14), easterly on a line +through the center of section fourteen (14) to the quarter-section +corner between said section fourteen (14) and section thirteen (13), +and northerly along the section lines on the west boundary of sections +thirteen (13), twelve (12), and one (1) to the northwest corner of +section one (1), all of said township and range; thence northerly along +the section lines on the west boundary of sections thirty-six (36) and +twenty-five (25), township eighteen (18) south, range thirty-six (36) +east, to the northwest corner of said section twenty-five (25), easterly +along the section line between sections twenty-four (24) and twenty-five +(25) to the quarter-section corner between said sections, northerly +through the centers of sections twenty-four (24) and thirteen (13) to +the quarter-section corner between sections thirteen (13) and twelve +(12), westerly along the section line to the southwest corner of section +twelve (12), and northerly along the section lines on the west boundary +of sections twelve (12) and one (1) to the northwest corner of section +one (1) of said township and range; thence northerly along the section +line on the west boundary of section thirty-six (36), township seventeen +(17) south, range thirty-six (36) east, to the quarter-section corner +between sections thirty-five (35) and thirty-six (36), westerly to the +center of section thirty-five (35), northerly on a line through the +centers of sections thirty-five (35), twenty-six (26), twenty-three +(23), fourteen (14), and eleven (11) to the quarter-section corner +between sections eleven (11) and two (2), westerly along the section +line to the southwest corner of section two (2), and northerly along the +section line to the northwest corner of section two (2), all of said +township and range; thence westerly along the surveyed and unsurveyed +line of the fourth (4th) standard parallel south to the southwest corner +of township sixteen (16) south, range thirty-four (34) east; thence +northerly along the range line between ranges thirty-three (33) and +thirty-four (34) east to the northwest corner of township fifteen (15) +south, range thirty-four (34) east; thence easterly along the township +line between townships fourteen (14) and fifteen (15) south to the +southwest corner of township fourteen (14) south, range thirty-five (35) +east; thence northerly on the range line between ranges thirty-four (34) +and thirty-five (35) east to the northwest corner of township fourteen +(14) south, range thirty-five (35) east; thence westerly along the +township line between townships thirteen (13) and fourteen (14) south to +the southwest corner of section thirty-five (35), township thirteen (13) +south, range thirty-four (34) east, northerly along the section line +to the quarter-section corner between sections thirty-four (34) and +thirty-five (35), westerly to the center of section thirty-four (34), +northerly on a line through the centers of sections thirty-four (34) and +twenty-seven (27) to the center of section twenty-seven (27), easterly +through section twenty-seven (27) to the quarter-section corner between +sections twenty-seven (27) and twenty-six (26), northerly along the +section lines on the west boundary of sections twenty-six (26), +twenty-three (23), fourteen (14), eleven (11), and two (2) to the +northwest corner of west lot one (1) in section two (2), easterly to +the southwest corner of the east lot two (2) in section two (2), and +northerly to the northwest corner of the west half of east lot six (6), +section two (2), all of said township and range; thence westerly along +the third (3d) standard parallel south to the southwest corner of +section thirty-four (34), township twelve (12) south, range thirty-four +(34) east, northerly along the section line to the quarter-section +corner between sections thirty-four (34) and thirty-three (33), +westerly to the center of section thirty-three (33), northerly to +the quarter-section corner between sections thirty-three (33) and +twenty-eight (28), westerly on the section line to the southwest corner +of section twenty-eight (28), northerly along the section lines on the +west boundary of sections twenty-eight (28), twenty-one (21), sixteen +(16), nine (9), and four (4) to the quarter-section corner between +sections four (4) and five (5), westerly to the center of section five +(5), and northerly to the quarter-section corner on the north boundary +of said section five (5), all of said township and range; thence +westerly along the township line between townships eleven (11) and +twelve (12) south to the southwest corner of section thirty-two (32), +township eleven (11) south, range thirty-four (34) east, northerly along +the section lines on the west boundary of sections thirty-two (32), +twenty-nine (29), twenty (20), seventeen (17), and eight (8) to the +quarter-section corner between sections seven (7) and eight (8), +westerly on a line through the center of section seven (7), township +eleven (11) south, range thirty-four (34) east, and sections twelve +(12) and eleven (11), township eleven (11) south, range thirty-three +(33) east, to the center of said section eleven (11), and northerly +on a central line through sections eleven (11) and two (2) to the +quarter-section corner on the north line of section two (2), township +eleven (11) south, range thirty-three (33) east; thence westerly on the +township line between townships ten (10) and eleven (11) south to the +southwest corner of section thirty-five (35), township ten (10) south, +range thirty-three (33) east, northerly to the quarter-section corner +between sections thirty-five (35) and thirty-four (34), westerly to the +center of section thirty-four (34), northerly on a line through the +centers of sections thirty-four (34), twenty-seven (27), and twenty-two +(22) to the center of section twenty-two (22), easterly to the center +of section twenty-three (23), northerly through the centers of sections +twenty-three (23), fourteen (14), and eleven (11) to the center of +section eleven (11), easterly to the quarter-section corner between +sections eleven (11) and twelve (12), northerly along the section line +to the northwest corner of section twelve (12), easterly along the +section line to the quarter-section corner between sections twelve (12) +and one (1), northerly to the center of section one (1), easterly to +the quarter-section corner on the east line of section one (1), and +northerly to the northeast corner of section one (1), all of said +township and range; thence westerly along the unsurveyed township line +between townships ten (10) and nine (9) south to the southeast corner of +township nine (9) south, range thirty-two (32) east; thence northerly +along the range line between ranges thirty-two (32) and thirty-three +(33) east to the northeast corner of township nine (9) south, range +thirty-two (32) east; thence westerly along the second (2d) standard +parallel south to the southeast corner of township eight (8) south, +range thirty-one (31) east; thence northerly along the surveyed and +unsurveyed range line between ranges thirty-one (31) and thirty-two +(32) east to the northeast corner of township eight (8) south, range +thirty-one (31) east; thence westerly along the township line between +townships seven (7) and eight (8) south to the southeast corner of +township seven (7) south, range thirty (30) east; thence northerly along +the range line between ranges thirty (30) and thirty-one (31) east to +the northeast corner of township five (5) south, range thirty (30) east, +the place of beginning. + +Excepting from the force and effect of this proclamation all lands which +may have been prior to the date hereof embraced in any legal entry or +covered by any lawful filing duly of record in the proper United States +land office, or upon which any valid settlement has been made pursuant +to law and the statutory period within which to make entry or filing +of record has not expired, and all mining claims duly located and held +according to the laws of the United States and the rules and regulations +not in conflict therewith. + +_Provided_, That this exception shall not continue to apply to any +particular tract of land unless the entryman, settler, or claimant +continues to comply with the law under which the entry, filing, +settlement, or location was made. + +Warning is hereby expressly given to all persons not to enter or make +settlement upon the tract of land reserved by this proclamation. + +In witness whereof I have hereunto set my hand and caused the seal of +the United States to be affixed. + +[SEAL.] + +Done at the city of Washington, this 14th day of February, A.D. 1893, +and of the Independence of the United States the one hundred and +seventeenth. + +BENJ. HARRISON. + +By the President: + JOHN W. FOSTER, + _Secretary of State_. + + + +BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. + +A PROCLAMATION. + +Whereas it is provided by section 24 of the act of Congress approved +March 3, 1891, entitled "An act to repeal timber-culture laws, and for +other purposes"-- + + That the President of the United States may from time to time set + apart and reserve in any State or Territory having public land bearing + forests, in any part of the public lands wholly or in part covered with + timber or undergrowth, whether of commercial value or not, as public + reservations; and the President shall by public proclamation declare + the establishment of such reservations and the limits thereof. + + +And whereas the public lands in the State of Washington within the +limits hereinafter described are in part covered with timber, and it +appears that the public good would be promoted by setting apart and +reserving said lands as a public reservation: + +Now, therefore, I, Benjamin Harrison, President of the United States, +by virtue of the power in me vested by section 24 of the aforesaid act +of Congress, do hereby make known and proclaim that there is hereby +reserved from entry or settlement and set apart as a public reservation +all those certain tracts, pieces, or parcels of land lying and being +situate in the State of Washington and within the boundaries +particularly described as follows, to wit: + +Beginning at the southwest corner of township thirteen (13) north, range +fifteen (15) east of the Willamette base and meridian; thence northerly +along the surveyed and unsurveyed range line between ranges fourteen +(14) and fifteen (15) east, subject to the proper easterly or westerly +offset on the fourth (4th) standard parallel north, to the point for +the northeast corner of township eighteen (18) north, range fourteen +(14) east; thence westerly along the unsurveyed township line between +townships eighteen (18) and nineteen (19) north to the southeast corner +of township nineteen (19) north, range seven (7) east; thence southerly +along the unsurveyed range line between ranges seven (7) and eight (8) +east, subject to the proper easterly or westerly offsets on the township +line between townships seventeen (17) and eighteen (18) north, and the +fourth (4th) standard parallel north to the point for the southwest +corner of township thirteen (13) north, range eight (8) east; thence +easterly along the unsurveyed township line between townships twelve +(12) and thirteen (13) north to the southwest corner of township +thirteen (13) north, range fifteen (15) east, the place of beginning. + +Excepting from the force and effect of this proclamation all lands which +may have been prior to the date hereof embraced in any legal entry or +covered by any lawful filing duly of record in the proper United States +land office, or upon which any valid settlement has been made pursuant +to law and the statutory period within which to make entry or filing of +record has not expired, and all mining claims duly located and held +according to the laws of the United States and rules and regulations not +in conflict therewith. + +_Provided_, That this exception shall not continue to apply to any +particular tract of land unless the entryman, settler, or claimant +continues to comply with the law under which the entry, filing, +settlement, or location was made. + +Warning is hereby expressly given to all persons not to enter or make +settlement upon the tract of land reserved by this proclamation. + +In witness whereof I have hereunto set my hand and caused the seal of +the United States to be affixed. + +[SEAL.] + +Done at the city of Washington, this 20th day of February, A.D. 1893 and +of the independence of the United States the one hundred and +seventeenth. + +BENJ. HARRISON. + +By the President: + JOHN W. FOSTER, + _Secretary of State_. + + + +BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. + +A PROCLAMATION. + +Whereas it is provided by section 24 of the act of Congress approved +March 3, 1891, entitled "An act to repeal timber-culture laws, and for +other purposes"-- + + That the President of the United States may from time to time set + apart and reserve in any State or Territory having public land bearing + forests, in any part of the public lands wholly or in part covered with + timber or undergrowth, whether of commercial value or not, as public + reservations; and the President shall by public proclamation declare + the establishment of such reservations and the limits thereof. + + +And whereas the public lands in the Territory of Arizona within the +limits hereinafter described are in part covered with timber, and it +appears that the public good would be promoted by setting apart and +reserving said lands as a public reservation: + +Now, therefore, I, Benjamin Harrison, President of the United States, +by virtue of the power in me vested by section 24 of the aforesaid act +of Congress, do hereby make known and proclaim that there is hereby +reserved from entry or settlement and set apart as a public reservation +all those certain tracts, pieces, or parcels of land lying and being +situate in the Territory of Arizona and within the boundaries +particularly described as follows, to wit: + +Beginning at the point of intersection of the parallel of thirty-six +(36) degrees thirty (30) minutes north latitude with the meridian of one +hundred and eleven (111) degrees forty-five (45) minutes of longitude +west from Greenwich; thence westerly along said parallel of latitude +to its intersection with the meridian of one hundred and twelve (112) +degrees forty-five (45) minutes west longitude; thence southerly along +said meridian of longitude to its intersection with the parallel of +thirty-five (35) degrees forty-five (45) minutes north latitude; thence +easterly along said parallel of latitude to its intersection with the +meridian of one hundred and eleven (111) degrees forty-five (45) minutes +west longitude; thence northerly along said meridian of longitude to its +intersection with the parallel of thirty-six (36) degrees thirty (30) +minutes north latitude, the place of beginning. + +Excepting from the force and effect of this proclamation all lands which +may have been prior to the date hereof embraced in any legal entry or +covered by any lawful filing duly of record in the proper United States +land office, or upon which any valid settlement has been made pursuant +to law and the statutory period within which to make entry or filing +of record has not expired, and all mining claims duly located and held +according to the laws of the United States and rules and regulations +not in conflict therewith. + +_Provided_, That this exception shall not continue to apply to any +particular tract of land unless the entryman, settler, or claimant +continues to comply with the law under which the entry, filing, +settlement, or location was made. + +Warning is hereby expressly given to all persons not to enter or make +settlement upon the tract of land reserved by this proclamation. + +In witness whereof I have hereunto set my hand and caused the seal of +the United States to be affixed. + +[SEAL.] + +Done at the city of Washington, this 20th day of February, A.D. 1893, +and of the Independence of the United States the one hundred and +seventeenth. + +BENJ. HARRISON. + +By the President: + JOHN W. FOSTER, + _Secretary of State_. + + + +BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. + +A PROCLAMATION. + +Whereas by my proclamation of August 18, 1892,[36] and in pursuance of +the authority conferred on me by an act of Congress approved July 26, +1892, entitled "An act to enforce the reciprocal commercial relations +between the United States and Canada, and for other purposes," +I directed "that from and after September 1, 1892, until further notice +a toll of 20 cents per ton be levied, collected, and paid on all freight +of whatever kind or description passing through the St. Marys Falls +Canal in transit to any port of the Dominion of Canada, whether carried +in vessels of the United States or of other nations," and to that extent +thereby suspended "from and after said date the right of free passage +through said St. Marys Falls Canal of any and all cargoes or portions +of cargoes in transit to Canadian ports;" and + +Whereas the above order was issued in consequence of the imposition +by the government of the Dominion of Canada of a discriminating toll +whereby unjust and unreasonable burdens were placed, in violation +of Article XXVII of the treaty of Washington, upon the carrying of +passengers and cargoes through the Welland Canal in transit to ports of +the United States, as is fully set forth in the said proclamation; and + +Whereas by an order in council dated February 13, 1893, the +Governor-General of the Dominion of Canada has directed that-- + + For the season of 1893 the canal tolls for the passage of the following + food products, wheat, Indian corn, pease, barley, rye, oats, flaxseed, + and buckwheat, for passage eastward through the Welland Canal be 10 + cents per ton, and for passage westward through the St. Lawrence canals + only 10 cents per ton; payment of the said toll of 10 cents per ton for + passage through the Welland Canal to entitle these products to free + passage through the St. Lawrence canals. + + +And whereas I have received satisfactory assurances that this order +revokes during the season of 1893 the discriminating provisions above +referred to and secures to citizens of the United States equality with +British subjects as regards the use of said canals: + +Now, therefore, I, Benjamin Harrison, President of the United States of +America, by virtue of the said act of Congress approved July 26, 1892, +do hereby declare and proclaim that from and after the date hereof and +until further notice the provisions of my said proclamation of August +18, 1892,[37] are suspended in so far as they direct that a toll of 20 +cents per ton be levied, collected, and paid on all freight of whatever +kind or description passing through the St. Marys Falls Canal in transit +to any port of the Dominion of Canada, whether carried in vessels of the +United States or of other nations. + +In testimony whereof I have hereunto set my hand and caused the seal of +the United States to be affixed. + +[SEAL.] + +Done at the city of Washington, this 21st day of February, 1893, and of +the independence of the United States of America the one hundred and +seventeenth. + +BENJ. HARRISON. + +By the President: + JOHN W. FOSTER, + _Secretary of State_. + +[Footnote 36: See pp. 290-292.] + +[Footnote 37: See pp. 290-292.] + + + +BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. + +A PROCLAMATION. + +Whereas it is provided by section 24 of the act of Congress approved +March 3, 1891, entitled "An act to repeal timber-culture laws, and for +other purposes"-- + + That the President of the United States may from time to time set + apart and reserve in any State or Territory having public land bearing + forests, in any part of the public lands wholly or in part covered with + timber or undergrowth, whether of commercial value or not, as public + reservations; and the President shall by public proclamation declare + the establishment of such reservations and the limits thereof. + + +And whereas the public lands in the State of California within the +limits hereinafter described are in part covered with timber, and it +appears that the public good would be promoted by setting apart and +reserving said lands as a public reservation: + +Now, therefore, I, Benjamin Harrison, President of the United States, +by virtue of the power in me vested by section 24 of the aforesaid act +of Congress, do hereby make known and proclaim that there is hereby +reserved from entry or settlement and set apart as a public reservation +all those certain tracts, pieces, or parcels of land lying and being +situate in the State of California and within the boundaries +particularly described as follows, to wit: + +Beginning at the northeast corner of section thirteen (13), township +five (5) south, range six (6) west, of the San Bernardino base and +meridian; thence westerly along the surveyed and unsurveyed section line +to the point for the southwest corner of section ten (10), said township +and range; thence northerly along the surveyed and unsurveyed section +line to the northwest corner of section three (3), said township and +range; thence westerly along the surveyed and unsurveyed township line +to the point for the northwest corner of section three (3), township +five (5) south, range seven (7) west; thence southerly along the +surveyed and unsurveyed section line to the southeast corner of section +thirty-three (33), said township and range; thence easterly along the +surveyed and unsurveyed township line to the northeast corner of +township six (6) south, range seven (7) west; thence southerly to the +southwest corner of township five (5) south, range six (6) west; thence +easterly to the point for the quarter-section corner on the north line +of section six (6), township six (6) south, range six (6) west; thence +southerly on a central line to the center of section nineteen (19), said +township and range; thence easterly to the quarter-section corner on the +east boundary of said section nineteen (19); thence southerly on the +section line to the point of intersection with the north boundary of the +"Rancho Mission Viejo or La Paz;" thence in a southeasterly direction +along said boundary line to the point of intersection with the township +line between townships six (6) and seven (7) south; thence easterly +along said township line to the southeast corner of township six (6) +south, range six (6) west; thence northerly along the range line between +ranges five (5) and six (6) west to the northeast corner of section +thirteen (13), township five (5) south, range six (6) west, the place +of beginning. + +Excepting from the force and effect of this proclamation all lands which +may have been prior to the date hereof embraced in any legal entry or +covered by any lawful filing duly of record in the proper United States +land office, or upon which any valid settlement has been made pursuant +to law and the statutory period within which to make entry or filing of +record has not expired, and all mining claims duly located and held +according to the laws of the United States and rules and regulations not +in conflict therewith. + +_Provided_, That this exception shall not continue to apply to any +particular tract of land unless the entryman, settler, or claimant +continues to comply with the law under which the entry, filing, +settlement, or location was made. + +Warning is hereby expressly given to all persons not to enter or make +settlement upon the tract of land reserved by this proclamation. + +In witness whereof I have hereunto set my hand and caused the seal of +the United States to be affixed. + +[SEAL.] + +Done at the city of Washington, this 25th day of February, A.D. 1893, +and of the Independence of the United States the one hundred and +seventeenth. + +BENJ. HARRISON. + +By the President: + WILLIAM F. WHARTON, + _Acting Secretary of State_. + + + +BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. + +A PROCLAMATION. + +Whereas it is provided by section 24 of the act of Congress approved +March 3, 1891, entitled "An act to repeal timber-culture laws, and for +other purposes"-- + + That the President of the United States may from time to time set + apart and reserve in any State or Territory having public land bearing + forests, in any part of the public lands wholly or in part covered with + timber or undergrowth, whether of commercial value or not, as public + reservations; and the President shall by public proclamation declare + the establishment of such reservations and the limits thereof. + + +And whereas the public lands in the State of California within the +limits hereinafter described are in part covered with timber, and it +appears that the public good would be promoted by setting apart and +reserving said lands as a public reservation: + +Now, therefore, I, Benjamin Harrison, President of the United States, +by virtue of the power in me vested by section 24 of the aforesaid act +of Congress, do hereby make known and proclaim that there is hereby +reserved from entry or settlement and set apart as a public reservation +all those certain tracts, pieces, or parcels of land lying and being +situate in the State of California and within the boundaries +particularly described as follows, to wit: + +Beginning at the northwest corner of township three (3) north, range +five (5) west, San Bernardino meridian, California; thence southerly +along the surveyed and unsurveyed range line between ranges five (5) and +six (6) west to the northwest corner of section eighteen (18), township +one (1) north, range five (5) west; thence easterly along the section +line between sections seven (7) and eighteen (18) to the western +boundary of the "Rancho Muscupiabe;" thence easterly, following the +western and northern boundary of said rancho, to the point where said +boundary intersects the section line between sections nineteen (19) +and thirty (30), township one (1) north, range three (3) west; thence +easterly along the section lines to the northeast corner of section +twenty-five (25), said township and range; thence southerly along +the range line between ranges two (2) and three (3) west to the San +Bernardino base line; thence easterly along said base line to the +northeast corner of section four (4), township one (1) south, range two +(2) west, southerly along the unsurveyed and surveyed section lines to +the northeast corner of section (16), easterly along the section lines +to the northeast corner of section thirteen (13), and southerly to the +southeast corner of section thirteen (13), all of said township and +range; thence easterly to a point for the center of township one (1) +south, range one (1) west; thence southerly to a point for the southwest +corner of section thirty-four (34) in said township and range; thence +easterly along the surveyed and unsurveyed township line between +townships one (1) and two (2) south to the San Bernardino meridian; +thence southerly along said meridian to the northeast corner of township +three (3) south, range one (1) west; thence easterly through the Maronge +Indian Reservation to the southeast corner of township two (2) south, +range three (3) east; thence northerly along the surveyed and unsurveyed +range line to the northeast corner of said township; thence easterly to +a point for the southeast corner of township one (1) south, range four +(4) east; thence northerly along the surveyed and unsurveyed range line +between ranges four (4) and five (5) east to the northeast corner of +section twenty-four (24), township three (3) north, range four (4) east; +thence westerly along the surveyed and unsurveyed section lines to the +southwest corner of section eighteen (18), township three (3) north, +range (3) east; thence northerly along the range line between ranges two +(2) and three (3) east to the northeast corner of township three (3) +north, range two (2) east; thence westerly along the township line +between townships three (3) and four (4) north to the northwest corner +of township three (3) north, range (5) west, the place of beginning. + +Excepting from the force and effect of this proclamation all lands which +may have been prior to the date hereof embraced in any legal entry or +covered by any lawful filing duly of record in the proper United States +land office, or upon which any valid settlement has been made pursuant +to law and the statutory period within which to make entry or filing +of record has not expired, and all mining claims duly located and held +according to the laws of the United States and rules and regulations +not in conflict therewith. + +_Provided_, That this exception shall not continue to apply to any +particular tract of land unless the entryman, settler, or claimant +continues to comply with the law under which the entry, filing, +settlement, or location was made. + +Warning is hereby expressly given to all persons not to enter or make +settlement upon the tract of land reserved by this proclamation. + +In witness whereof I have hereunto set my hand and caused the seal of +the United States to be affixed. + +[SEAL.] + +Done at the city of Washington, this 25th day of February, A.D. 1893, +and of the impendence Of the United States the one hundred and +seventeenth. + +BENJ. HARRISON. + +By the President: + WILLIAM F. WHARTON, + _Acting Secretary of State_. + + + +BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. + +A PROCLAMATION. + +Whereas public interests require that the Senate should be convened at +12 o'clock on the 4th day of March next to receive such communications +as may be made by the Executive: + +Now, therefore, I, Benjamin Harrison, President of the United States, do +hereby proclaim and declare that an extraordinary occasion requires the +Senate of the United States to convene at the Capitol, in the city of +Washington, on the 4th day of March next, at 12 o'clock noon, of which +all persons who shall at that time be entitled to act as members of that +body are hereby required to take notice. + +Given under my hand and the seal of the United States, at Washington, +this 25th day of February, A.D. 1893, and of the Independence of the +United States of America the one hundred and seventeenth. + +BENJ. HARRISON. + +By the President: + WILLIAM F. WHARTON, + _Acting Secretary of State_. + + + + +EXECUTIVE ORDERS. + + +AMENDMENT OF CIVIL-SERVICE RULES. + +JANUARY 5, 1893. + +Section 2 of Postal Rule 1 is hereby amended so as to read as follows: + + The classification of the postal service made by the Postmaster-General + under section 6 of the act of January 16, 1883, is hereby extended to + all free-delivery post-offices; and hereafter whenever any post-office + becomes a free-delivery office the said classification or any then + existing classification made by the Postmaster-General under said + section and act shall apply thereto; and the Civil Service Commission + shall provide examinations to test the fitness of persons to fill + vacancies in all free-delivery post-offices, and these rules shall be + in force therein; but this shall not include any post-office made an + experimental free-delivery office under the authority contained in the + appropriation act of March 3, 1891. Every revision of the classification + of any post-office under section 6 of the act of January 16, 1883, and + every inclusion of a post-office within the classified postal service + shall be reported to the President. + + +BENJ. HARRISON. + + + +GENERAL ORDERS, No. 4. + +HEADQUARTERS OF THE ARMY, + ADJUTANT-GENERAL'S OFFICE, + _Washington, January 19, 1893_. + +I. The following proclamation [order] has been received from the +President: + + EXECUTIVE MANSION, _Washington, D.C., January 18, 1893_. + + _To the People of the United States_: + + The death of Rutherford B. Hayes, who was President of the United + States from March 4, 1877, to March 4, 1881, at his home in Fremont, + Ohio, at 11 p.m. yesterday, is an event the announcement of which will + be received with very general and very sincere sorrow. His public + service extended over many years and over a wide range of official + duty. He was a patriotic citizen, a lover of the flag and of our free + institutions, an industrious and conscientious civil officer, a soldier + of dauntless courage, a loyal comrade and friend, a sympathetic and + helpful neighbor, and the honored head of a happy Christian home. + He has steadily grown in the public esteem, and the impartial historian + will not fail to recognize the conscientiousness, the manliness, and + the courage that so strongly characterized his whole public career. + + As an expression of the public sorrow it is ordered that the Executive + Mansion and the several Executive Departments at Washington be draped + in mourning and the flags thereon placed at half-staff for a period of + thirty days, and that on the day of the funeral all public business + in the Departments be suspended, and that suitable military and naval + honors, under the orders of the Secretaries of War and of the Navy, + be rendered on that day. + + [SEAL.] + + Done at the city of Washington, this 18th day of January, A.D. 1893, and + of the Independence of the United States of America the one hundred and + seventeenth. + + BENJ. HARRISON. + + By the President: + JOHN W. FOSTER, + _Secretary of State_. + + +II. In compliance with the instructions of the President, on the day +of the funeral, at each military post, the troops and cadets will be +paraded and this order read to them, after which all labors of the +day will cease. + +The national flag will be displayed at half-staff. + +At dawn of day thirteen guns will be fired, and afterwards at intervals +of thirty minutes between the rising and setting of the sun a single +gun, and at the close of the day a national salute of forty-four guns. + +The officers of the Army will wear crape on the left arm and on their +swords and the colors of the Battalion of Engineers, of the several +regiments, and of the United States Corps of Cadets will be put in +mourning for a period of six months. + +The date of the funeral will be communicated to department commanders by +telegraph, and by them to their subordinate commanders. + +By command of Major-General Schofield: + +R. WILLIAMS, _Adjutant-General_. + + + +GENERAL ORDER No. 406. + +NAVY DEPARTMENT, _Washington, D.C., January 19, 1893_. + +The President of the United States announces the death of ex-President +Rutherford B. Hayes in the following proclamation [order]: + +[For order see preceding page.] + +It is hereby directed, in pursuance of the instructions of the +President, that on the day of the funeral, where this order may be +received in time, otherwise on the day after its receipt, the ensign at +each naval station and of each of the vessels of the United States Navy +in commission be hoisted at half-mast from sunrise to sunset, and at +each naval station and on board of flagships and vessels acting singly +a gun be fired at intervals of every half hour from sunrise to sunset. + +The officers of the Navy and Marine Corps will wear the usual badge of +mourning attached to the sword hilt and on the left arm for a period of +thirty days. + +JAMES R. SOLEY, _Acting Secretary of the Navy_. + + + +EXECUTIVE MANSION, _Washington, January 27, 1893_. + +_To the People of the United States_: + +It is my painful duty to announce to the people of the United States the +death of James Gillespie Blaine, which occurred in this city to-day at +11 o'clock. + +For a full generation this eminent citizen has occupied a conspicuous +and influential position in the nation. His first public service was in +the legislature of his State. Afterwards for fourteen years he was a +member of the national House of Representatives, and was three times +chosen its Speaker. In 1876 he was elected to the Senate. He resigned +his seat in that body in 1881 to accept the position of Secretary of +State in the Cabinet of President Garfield. After the tragic death +of his chief he resigned from the Cabinet, and, devoting himself to +literary work, gave to the public in his Twenty Years of Congress a +most valuable and enduring contribution to our political literature. +In March, 1889, he again became Secretary of State, and continued to +exercise this office until June, 1892. His devotion to the public +interests, his marked ability, and his exalted patriotism have won for +him the gratitude and affection of his countrymen and the admiration +of the world. In the varied pursuits of legislation, diplomacy, and +literature his genius has added new luster to American citizenship. + +As a suitable expression of the national appreciation of his great +public services and of the general sorrow caused by his death, I direct +that on the day of his funeral all the Departments of the executive +branch of the Government at Washington be closed, and that on all public +buildings throughout the United States the national flag shall be +displayed at half-staff, and that for a period of thirty days the +Department of State be draped in mourning. + +[SEAL.] + +Done at the city of Washington, this 27th day of January, A.D. 1893, and +of the Independence of the United States of America the one hundred and +seventeenth. + +BENJ. HARRISON. + +By the President: + JOHN W. FOSTER, + _Secretary of State_. + + + + + + + + + + + + +End of the Project Gutenberg EBook of A Compilation of the Messages and +Papers of the Presidents, Volume IX., by Benjamin Harrison + +*** END OF THIS PROJECT GUTENBERG EBOOK HARRISON *** + +***** This file should be named 13617.txt or 13617.zip ***** +This and all associated files of various formats will be found in: + https://www.gutenberg.org/1/3/6/1/13617/ + +Produced by Juliet Sutherland, David Garcia and The PG Online +Distributed Proofreading Team + + +Updated editions will replace the previous one--the old editions +will be renamed. + +Creating the works from public domain print editions means that no +one owns a United States copyright in these works, so the Foundation +(and you!) can copy and distribute it in the United States without +permission and without paying copyright royalties. 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