Chapter IV: Part 4

He conceives that none of the Governments of America can be less alive than our own to the dangers and horrors of a state of war, and especially of war between kinsmen. He is sure that none of the chiefs of Governments on the continent can be less sensitive than he is to the sacred duty of making every endeavor to do away with the chances of fratricidal strife. And he looks with hopeful confidence to such active assistance from them as will serve to show the broadness of our common humanity and the strength of the ties which bind us all together as a great and harmonious system of American Commonwealths.

Impressed by these views, the President extends to all the independent countries of North and South America an earnest invitation to participate in a general congress to be held in the city of Washington on the 24th day of November, 1882, for the purpose of considering and discussing the methods of preventing war between the nations of America. He desires that the attention of the congress shall be strictly confined to this one great object; that its sole aim shall be to seek a way of permanently, averting the horrors of cruel and bloody combat between countries, oftenest of one blood and speech, or the even worse calamity of internal commotion and civil strife; that it shall regard the burdensome and far-reaching consequences of such struggles, the legacies of exhausted finances, of oppressive debt, of onerous taxation, of ruined cities, of paralyzed industries, of devastated fields, of ruthless conscription, of the slaughter of men, of the grief of the widow and the orphan, of imbittered resentments that long survive those who provoked them and heavily afflict the innocent generations that come after.

The President is especially desirous to have it understood that in putting forth this invitation the United States does not assume the position of counseling, or attempting through the voice of the congress to counsel, any determinate solution of existing questions which may now divide any of the countries of America. Such questions can not properly come before the congress. Its mission is higher. It is to provide for the interests of all in the future, not to settle the individual differences of the present. For this reason especially the President has indicated a day for the assembling of the congress so far in the future as to leave good ground for hope that by the time named the present situation on the South Pacific coast will be happily terminated, and that those engaged in the contest may take peaceable part in the discussion and solution of the general question affecting in an equal degree the well-being of all.

It seems also desirable to disclaim in advance any purpose on the part of the United States to prejudge the issues to be presented to the congress. It is far from the intent of this Government to appear before the congress as in any sense the protector of its neighbors or the predestined and necessary arbitrator of their disputes. The United States will enter into the deliberations of the congress on the same footing as the other powers represented, and with the loyal determination to approach any proposed solution not merely in its own interest or with a view to asserting its own power, but as a single member among many coordinate and coequal States. So far as the influence of this Government may be potential, it will be exerted in the direction of conciliating whatever conflicting interests of blood or government or historical tradition may necessarily come together in response to a call embracing such vast and diverse elements.

You will present these views to the minister of foreign relations of Mexico, enlarging, if need be, in such terms as will readily occur to you, upon the great mission which it is within the power of the proposed congress to accomplish in the interest of humanity, and upon the firm purpose of the United States to maintain a position of the most absolute and impartial friendship toward all. You will thereupon, in the name of the President of the United States, tender to His Excellency the President of the Mexican Republic a formal invitation to send two commissioners to the congress, provided with such powers and instructions on behalf of their Government as will enable them to consider the questions brought before that body within the limit of submission contemplated by this invitation.

The United States as well as the other powers will in like manner be represented by two commissioners, so that equality and impartiality will be amply secured in the proceedings of the congress.

In delivering this invitation through the minister of foreign affairs you will read this dispatch to him and leave with him a copy, intimating that an answer is desired by this Government as promptly as the just consideration of so important a proposition will permit.

I am, sir, your obedient servant,

JAMES G. BLAINE.

[Footnote 10: Sent under the same date, _mutatis mutandis_, to the United States ministers in the Argentine Republic, Bolivia, Brazil, Central America, Chile, Colombia, Mexico, Paraguay and Uruguay, Peru, and Venezuela: also directly to the minister of foreign relations of Ecuador, in which country the United States had no diplomatic representative.]

EXECUTIVE MANSION, _April 18, 1882_.

_To the Senate and House of Representatives_:

I transmit herewith, for the consideration of Congress, a note addressed by the minister plenipotentiary of Mexico to the Secretary of State, proposing the conclusion of a convention between the two countries for defining the boundary between the United States and Mexico from the Rio Grande westward to the Pacific Ocean by the erection of durable monuments. I also lay before Congress a letter on the same subject, with its accompaniment, from the Secretary of War, to whom the proposition was referred by the Secretary of State for the expression of his views thereon.

I deem it important that the boundary line between the two countries, as defined by existing treaties and already once surveyed, should be run anew and defined by suitable permanent monuments. By so doing uncertainty will be prevented as to jurisdiction in criminal and municipal affairs, and questions be averted which may at any time in the near future arise with the growth of population on the border.

Moreover, I conceive that the willing and speedy assent of the Government of the United States to the proposal thus to determine the existing stipulated boundary with permanence and precision will be in some sense an assurance to Mexico that the unauthorized suspicion which of late years seems to have gained some credence in that Republic that the United States covets and seeks to annex neighboring territory is without foundation. That which the United States seeks, and which the definite settlement of the boundary in the proposed manner will promote, is a confiding and friendly feeling between the two nations, leading to advantageous commerce and closer commercial relations.

I have to suggest that in accepting this proposal suitable provision be made for an adequate military force on the frontier to protect the surveying parties from hostile Indians. The troops so employed will at the same time protect the settlers on the border and help to prevent marauding on both sides by the nomadic Indians.

CHESTER A. ARTHUR.

EXECUTIVE MANSION, _April 20, 1882_.

_To the Senate and House of Representatives_:

I transmit herewith, for the consideration of Congress, a letter from the Secretary of War of the 18th instant, inclosing plans and estimates for the completion of the post of Fort Maginnis, Montana Territory, and recommending an appropriation for the purpose of $25,000, as called for by the estimates.

CHESTER A. ARTHUR.

EXECUTIVE MANSION, _April 21, 1882_.

_To the Senate and House of Representatives_:

I transmit herewith a communication, dated the 15th instant, from the Secretary of the Interior, with draft of bill and accompanying papers, touching the amendment of section 2142 of the Revised Statutes of the United States.

The subject is presented for the consideration of Congress.

CHESTER A. ARTHUR.

OFFICE OF THE PRESIDENT OF THE UNITED STATES,

_Washington, April 21, 1882_.

_To the Senate of the United States_:

I transmit herewith a communication addressed to me by the Secretary of the Navy, with accompanying papers, in which an appropriation is asked for the purpose of observing the transit of Venus in 1882.

The matter is commended to the favorable action of Congress.

CHESTER A. ARTHUR.

[The same message was sent to the House of Representatives.]

EXECUTIVE MANSION, _April 25, 1882_.

_To the House of Representatives_:

I transmit herewith a report of the Secretary of State, presented in compliance with the request of the House of Representatives in a resolution of the 10th instant, asking for information touching the existing restrictions on the importation of American neat cattle into Great Britain.

CHESTER A. ARTHUR.

EXECUTIVE MANSION, _April 25, 1882_.

_To the House of Representatives_:

I transmit herewith, for the consideration of the House of Representatives, a report from the Secretary of State, in relation to the International Fisheries Exhibition which is to be held at London in May, 1883. Fully approving of the suggestions contained in the report, I would earnestly recommend that favorable action be taken upon the subject at the present session of Congress, in order that there may be ample time for making the appropriations necessary to enable this country to participate in the exhibition.

CHESTER A. ARTHUR.

EXECUTIVE MANSION, _April 26, 1882_.

_To the Senate and House of Representatives_:

By recent information received from official and other sources I am advised that an alarming state of disorder continues to exist within the Territory of Arizona, and that lawlessness has already gained such head there as to require a resort to extraordinary means to repress it.

The governor of the Territory, under date of the 31st ultimo, reports that violence and anarchy prevail, particularly in Cochise County and along the Mexican border; that robbery, murder, and resistance to law have become so common as to cease causing surprise, and that the people are greatly intimidated and losing confidence in the protection of the law. I transmit his communication herewith and call especial attention thereto.

In a telegram from the General of the Army dated at Tucson, Ariz., on the 11th instant, herewith transmitted, that officer states that he hears of lawlessness and disorders which seem well attested, and that the civil officers have not sufficient force to make arrests and hold the prisoners for trial or punish them when convicted.

Much of this disorder is caused by armed bands of desperadoes known as "Cowboys," by whom depredations are not only committed within the Territory, but it is alleged predatory incursions are made therefrom into Mexico. In my message to Congress at the beginning of the present session I called attention to the existence of these bands and suggested that the setting on foot within our own territory of brigandage and armed marauding expeditions against friendly nations and their citizens be made punishable as an offense against the United States. I renew this suggestion.

To effectually repress the lawlessness prevailing within the Territory a prompt execution of the process of the courts and vigorous enforcement of the laws against offenders are needed. This the civil authorities there are unable to do without the aid of other means and forces than they can now avail themselves of. To meet the present exigencies the governor asks that provision be made by Congress to enable him to employ and maintain temporarily a volunteer militia force to aid the civil authorities, the members of which force to be invested with the same powers and authority as are conferred by the laws of the Territory upon peace officers thereof.

On the ground of economy as well as effectiveness, however, it appears to me to be more advisable to permit the cooperation with the civil authorities of a part of the Army as a _posse comitatus_. Believing that this, in addition to such use of the Army as may be made under the powers already conferred by section 5298, Revised Statutes, would be adequate to secure the accomplishment of the ends in view, I again call the attention of Congress to the expediency of so amending section 15 of the act of June 18, 1878, chapter 263, as to allow the military forces to be employed as a _posse comitatus_ to assist the civil authorities within a Territory to execute the laws therein. This use of the Army, as I have in my former message observed, would not seem to be within the alleged evil against which that legislation was aimed.

CHESTER A. ARTHUR.

EXECUTIVE MANSION, _Washington, May 2, 1882_.

_To the House of Representatives:_

In answer to a resolution of the House of Representatives of the 30th of January last, calling for correspondence respecting the condition of Israelites in Russia, I transmit herewith a report from the Secretary of State and its accompanying papers.

CHESTER A. ARTHUR.

EXECUTIVE MANSION, _Washington, May 2, 1882_.

_To the Senate and House of Representatives_:

I transmit herewith, for the consideration of Congress, a letter from the Secretary of the Interior, in which he requests that an appropriation of $108,000 be made for constructing a fireproof roof over the south and east wings of the building occupied by the Department of the Interior.

CHESTER A. ARTHUR.

EXECUTIVE MANSION, _Washington, May 2, 1882_.

_To the Senate of the United States:_

I transmit herewith, in response to the resolution of the Senate of the 18th ultimo, a report of the Secretary of State, with copies of certain diplomatic correspondence[11] with Spain in 1876, called for by that resolution.

CHESTER A. ARTHUR.

[Footnote 11: Relating to United States citizens condemned to death in Cuba, etc.]

EXECUTIVE MANSION, _May 5, 1882_.

_To the Senate and House of Representatives_:

I transmit herewith a communication from the Secretary of the Interior of the 3d instant, with accompanying papers, in relation to a proposed amendment of the act of the 15th December, 1880, providing for the disposal of the Fort Dodge Military Reservation, Kans.

The subject is commended to the consideration of Congress.

CHESTER A. ARTHUR.

EXECUTIVE MANSION, _May 9, 1882_.

_To the Senate and House of Representatives_:

I transmit herewith, for the consideration of Congress, a communication from the Secretary of the Interior, inclosing a letter from the Superintendent of Census, submitting an estimate for an appropriation of $80,000 to defray the expenses of the Census Office during the remainder of the present fiscal year.

CHESTER A. ARTHUR.

EXECUTIVE MANSION, _May 9, 1882_.

_To the Senate and House of Representatives_:

I transmit herewith, for the consideration of Congress, a communication from the Secretary of the Interior, inclosing a letter from the Commissioner of the General Land Office, submitting an estimate for a special appropriation of $3,200 for completing an exhibit of all the private land claims in the State of Louisiana.

CHESTER A. ARTHUR.

EXECUTIVE MANSION, _May 11, 1882_.

_To the Senate and House of Representatives_:

I submit herewith, for the consideration of Congress, a letter from the Secretary of the Interior, inclosing a copy of a letter from the governor of Arizona, in which he requests that an appropriation of $2,000 be made for the contingent expenses of the Territory for the next fiscal year.

CHESTER A. ARTHUR.

EXECUTIVE MANSION, _May 15, 1882_.

_To the Senate and House of Representatives_:

I transmit herewith a communication from the Secretary of the Interior, submitting a copy of a letter from the Commissioner of Pensions inviting attention to the fact that the "deficiency" appropriation of $16,000,000 to meet the June payment of army pensions should be available as early as the 25th instant if practicable, in order to avoid any delay in payment.

CHESTER A. ARTHUR.

EXECUTIVE MANSION, _May 15, 1882_.

_To the Senate and House of Representatives_:

I transmit herewith a communication, dated the 11th instant, from the Secretary of the Interior, together with estimate of appropriation and accompanying papers, to provide, in accordance with treaty stipulations and existing laws, for the payment of certain interest due the Osage Indians.

The subject is presented for the consideration of Congress.

CHESTER A. ARTHUR.

EXECUTIVE MANSION, _May 15, 1882_.

_To the Senate of the United States_:

I transmit herewith a report of the Secretary of State, with accompanying papers, submitted in response to the Senate resolution of the 21st of March last, requesting a copy of instructions given to Mr. George F. Seward, when minister to China, concerning Chinese immigration, etc., and Mr. Seward's dispatches on that subject.

CHESTER A. ARTHUR.

EXECUTIVE MANSION, _May 18, 1882_.

_To the House of Representatives_:

I transmit herewith a concluding report from the Secretary of State of the 17th instant, and its accompanying papers, relative to Thomas Shields and Charles Weber, who were imprisoned at Apan, Mexico, and whose cases formed the subject of the resolution of the House of Representatives of February 6, 1882.

CHESTER A. ARTHUR.

EXECUTIVE MANSION, _Washington, May 18, 1882_.

_To the Senate of the United States_:

I transmit herewith a letter from the Secretary of State, accompanied by a copy of the correspondence referred to in Senate resolution of the 26th ultimo, in relation to the Japanese indemnity.

CHESTER A. ARTHUR.

EXECUTIVE MANSION, _May 22, 1882_.

_To the Senate and House of Representatives_:

I transmit herewith a communication from the Secretary of the Interior, dated 18th instant, and accompanying report from the Commissioner of Indian Affairs, relative to the necessity for buildings at the Mescalero Agency, N. Mex., and for an appropriation for the support, civilization, etc., of the Apaches at the Mescalero and Jicarilla agencies, together with an estimate for the same, in the form of a proposed clause for insertion in the sundry civil bill now pending for consideration in committee.

The subject is presented for the consideration of Congress.

CHESTER A. ARTHUR.

EXECUTIVE MANSION, _May 22, 1882_.

_To the Senate and House of Representatives_:

I transmit herewith a communication from the Secretary of the Interior of the 18th instant, with accompanying papers, submitting the draft of a proposed clause for insertion in one of the pending appropriation bills, to provide for the payment for improvements made by certain settlers on the Round Valley Indian Reservation, in California, as appraised under the act approved March 3, 1873.

The subject is presented for the consideration of Congress.

CHESTER A. ARTHUR.

EXECUTIVE MANSION, _May 22, 1882_.

_To the House of Representatives_:

I transmit herewith a letter from the Secretary of State and accompanying documents, submitted in compliance with resolution of the House of Representatives of the 20th ultimo, calling for additional information respecting cases of American citizens under arrest in Ireland.

CHESTER A. ARTHUR.

EXECUTIVE MANSION, _May 22, 1882_.

_To the Senate and House of Representatives_:

I transmit herewith a letter from the Secretary of War, dated the 18th instant, and accompanying papers from the Acting Chief Signal Officer, representing the necessity of a special appropriation being made not later than the 1st of June proximo for the purpose of dispatching a vessel, with men and supplies, for the relief of the expedition which was last year sent to Lady Franklin Bay, Grinnell Land.

CHESTER A. ARTHUR.

EXECUTIVE MANSION, _May 24, 1882_.

_To the Senate of the United States_:

In compliance with a resolution of the Senate of the 1st of March last, I transmit a communication from the Secretary of the Navy, accompanied by the report (with the exception of such parts thereof as it is deemed incompatible with the public interests to furnish) of Commodore R.W. Shufeldt, United States Navy, of his cruise around the world in the United States steamer _Ticonderoga_.

CHESTER A. ARTHUR.

EXECUTIVE MANSION, _Washington, May 25, 1882_.

_To the Senate and House of Representatives_:

I transmit herewith a letter from the Secretary of State, concerning the awards made against Venezuela by the mixed commission under the convention of April 25, 1866. I earnestly invite the attention of Congress to this communication and the accompanying inclosures. In case neither House takes action upon it during the present Congress I shall feel it my duty to direct that this prolonged discussion be definitely terminated by recognizing the absolute validity of all the awards.

CHESTER A. ARTHUR.

EXECUTIVE MANSION, _May 26, 1882_.

_To the House of Representatives_:

In answer to the resolution of the House of Representatives of the 10th of April ultimo, calling upon the Secretary of State for information in regard to the restrictions imposed by the French Government upon pork exported from the United States, I transmit herewith a report of that officer and its accompanying papers.

CHESTER A. ARTHUR.

EXECUTIVE MANSION, _June 5, 1882_.

_To the Senate and House of Representatives:_

I transmit herewith a communication from the Secretary of the Interior of the 24th ultimo, with accompanying papers, submitting the draft of a proposed clause for insertion in one of the pending appropriation bills, to provide for the payment of certain legal services rendered to the Cherokee Indians in North Carolina in 1881, amounting to $150.

The subject is presented for the consideration of Congress.

CHESTER A. ARTHUR.

EXECUTIVE MANSION, _Washington, June 5, 1882_.

_To the Senate of the United States_:

In further answer to the Senate's resolution of the 12th of December last, I transmit herewith a report of the Secretary of State and its accompanying paper, in regard to the modification of the Clayton-Bulwer treaty.

CHESTER A. ARTHUR.

EXECUTIVE MANSION, _June 14, 1882_.

_To the Senate and House of Representatives_:

I transmit herewith a letter from the Secretary of the Interior, respecting the Louisiana private land claim of Antonio Vaca, deceased, to which, with the accompanying papers, I invite the attention of Congress.

CHESTER A. ARTHUR.

EXECUTIVE MANSION, _Washington, June 14, 1882_.

_To the Senate of the United States_:

I transmit herewith, in response to the resolution of the Senate of the 5th instant, a report from the Secretary of State, submitting copies of the full correspondence between the Department of State and Hon. William Henry Trescot, special envoy extraordinary to the Republics of Peru, Chile, and Bolivia, and Walker Elaine, Third Assistant Secretary of State.

CHESTER A. ARTHUR.

EXECUTIVE MANSION, _June 16, 1882_.

_To the Senate and House of Representatives:_

I submit herewith, for the consideration of Congress, a communication from the Secretary of the Interior, in which he recommends that the sum of $245,000, the amount which the Superintendent estimates will be required to complete the work of the Tenth Census, be appropriated for the purpose.

CHESTER A. ARTHUR.

EXECUTIVE MANSION, _June 16, 1882_.

_To the Senate and House of Representatives:_

I transmit herewith, for the consideration of Congress, a letter from the Secretary of War, dated the 14th instant, covering plans and estimates for repairs, additions, and alterations to public buildings at the depot of the mounted recruiting service, Jefferson Barracks, Mo., and in which he recommends that the sum of $24,938.44 be appropriated for the purpose, in accordance with the estimates, during the present session of Congress.

CHESTER A. ARTHUR.

EXECUTIVE MANSION, _June 16, 1882_.

_To the Senate:_

I transmit herewith a report from the Secretary of State and its accompanying papers, concerning the Smoke Abatement Exhibition which was held at South Kensington, London, last winter.

CHESTER A. ARTHUR.

WASHINGTON, _June 16, 1882_.

_To the Senate of the United States:_

I transmit herewith to the Senate, for its consideration with a view to ratification, a convention between the United States and His Majesty the King of the Belgians, touching the reciprocal surrender of fugitives from justice, signed on the 13th day of June, 1882, and intended to supersede the convention for extradition of criminals between both countries which was concluded on the 19th day of March, 1874.

CHESTER A. ARTHUR.

EXECUTIVE MANSION, _June 19, 1882_.

_To the Senate and House of Representatives:_

I transmit herewith a communication, dated the 16th instant, from the Secretary of the Interior, inclosing, with accompanying papers, a draft of a bill "to enlarge the Pawnee Indian Reservation in Indian Territory."

The subject is presented for the consideration of Congress.

CHESTER A. ARTHUR.

EXECUTIVE MANSION, _June 19, 1882_.

_To the House of Representatives:_

I transmit herewith a letter from the Secretary of State, referring a communication from the Mexican minister at this capital touching the arrest and imprisonment in Mexico of Thomas Shields and two other American citizens, to which the resolution of the House of Representatives of the 6th day of February last relates.

CHESTER A. ARTHUR.

WASHINGTON, _June 23, 1882_.

_To the Senate of the United States:_

I transmit herewith to the Senate, with a view to ratification, a convention between the United States and His Majesty the King of Spain, for securing reciprocal protection for the trade-marks and manufactured articles of their respective citizens and subjects within the dominions or territories of the other country, signed on the 19th day of June, 1882.

CHESTER A. ARTHUR.

EXECUTIVE MANSION, _June 26, 1882_.

_To the Senate and House of Representatives:_

I transmit herewith a communication from the Secretary of War, dated the 9th instant, and its accompanying copy of the telegram from the general commanding the Military Division of the Pacific and Department of California, relative to the construction of additional quarters, barracks, storehouses, etc., within the limits of the Military Department of Arizona.

The Secretary of War recommends that for the purpose of constructing the additional buildings referred to the sum of their estimated cost, $205,000, be appropriated during the present session of Congress.

CHESTER A. ARTHUR.

EXECUTIVE MANSION, _June 28, 1882_.

_To the Senate and House of Representatives:_

I transmit herewith a communication from the Secretary of the Interior of the 22d instant, with accompanying papers, submitting the draft of a proposed clause for insertion in one of the pending appropriation bills, to provide for the payment for improvements made by certain settlers on the Jicarilla Apache Indian Reservation, in New Mexico.

The subject is presented for the consideration of Congress.

CHESTER A. ARTHUR.

EXECUTIVE MANSION, _July 3, 1882_.

_To the House of Representatives:_

In answer to the resolution of the House of Representatives of the 25th of April last, calling for information in regard to the reassembling of the Paris Monetary Conference during the current year and other matters connected therewith, I transmit herewith a report on the subject and its accompanying papers.

CHESTER A. ARTHUR.

EXECUTIVE MANSION, _Washington, July 20, 1882_.

_To the Senate of the United States:_

I transmit herewith a report of the Secretary of State and accompanying papers, furnished in response to the resolution of the Senate of December 21, 1881, calling for the correspondence with the Mexican Government in regard to the claims of Benjamin Weil and La Abra Silver Mining Company against Mexico.

CHESTER A. ARTHUR.

EXECUTIVE MANSION, _Washington, July 20, 1882_.

_To the Senate of the United States:_

I transmit herewith to the Senate, for its consideration with a view to ratification, a convention between the United States and Mexico, providing for the reopening and retrying of the claims of Benjamin Weil and La Abra Silver Mining Company against Mexico, which was signed on the 13th instant.

A report of the Secretary of State, with its accompanying correspondence, transmitted to the Senate this day in response to the resolution of December 21, 1881, will show the antecedents of the negotiation which resulted in the accompanying convention. In view of the accumulation of testimony presented by Mexico relative to these two claims, I have deemed it proper to avail myself of the authority given to the Executive by the Constitution, and of which authority the act of Congress of June 18, 1878, is declarative, to effect a rehearing of these cases. I therefore empowered the Secretary of State to negotiate with the minister of Mexico a convention to that end.

The more important correspondence preliminary to the treaty is herewith transmitted.

It will be seen by the stipulations of the treaty that the rehearing will have no retroactive effect as to payments already distributed, that the _bona fide_ interests of third parties are amply secured, and that the Government of the United States is fully guarded against any liability resulting from the rehearing.

CHESTER A. ARTHUR.

EXECUTIVE MANSION, _Washington, July 26, 1882_.

_To the Senate of the United States:_

I transmit herewith to the Senate, for consideration with a view to ratification, a supplementary convention between the United States and the French Republic, signed at Washington on the 19th instant, extending the term of duration of the commission organized under the convention of January 15, 1880, between the two countries.

CHESTER A. ARTHUR.

EXECUTIVE MANSION, _Washington, July 29, 1882_.

_To the Senate of the United States:_

I transmit herewith, in response to the Senate resolution of the 15th instant, a report of the Secretary of State and accompanying papers, relating to the Clayton-Bulwer treaty.

CHESTER A. ARTHUR.

EXECUTIVE MANSION, _Washington, July 29, 1882_.

_To the Senate of the United States:_

I transmit herewith to the Senate, for consideration with a view to ratification, a treaty between the United States and the Kingdom of Korea, or Chosen, concluded on the 22d May last. For the information of the Senate the accompanying letter of the Secretary of State is also transmitted.

CHESTER A. ARTHUR.

EXECUTIVE MANSION, _Washington, August 1, 1882_.

_To the Senate of the United States:_

I transmit herewith to the Senate, for consideration with a view to ratification, a convention concluded on the 29th of July, 1882, between the United States and Mexico, providing for an international boundary survey to relocate the existing frontier line between the two countries west of the Rio Grande.

CHESTER A. ARTHUR.

OFFICE OF THE PRESIDENT OF THE UNITED STATES,

_Washington, August 4, 1882_.

_To the Senate of the United States:_

In reply to a resolution of the Senate passed April 25, 1882, I transmit herewith a communication, with accompanying papers, from the Secretary of the Navy, in relation to the title by which the United States holds the land now occupied as a navy-yard at Boston, Mass.

CHESTER A. ARTHUR.

EXECUTIVE MANSION, _August 5, 1882_.

_To the House of Representatives:_

I transmit herewith a report of the Secretary of State, submitted in compliance with the resolution of the House of Representatives of the 28th of June, calling for additional information respecting the case of American citizens under arrest in Ireland.

CHESTER A. ARTHUR.

EXECUTIVE MANSION, _Washington, August 7, 1882_.

_To the Senate of the United States:_

I transmit herewith to the Senate, with a view to ratification, a convention concluded this day between the United States of America and His Majesty the King of Spain, supplementary to the extradition convention concluded between said countries on the 5th day of January, 1877.

CHESTER A. ARTHUR.

VETO MESSAGES.

EXECUTIVE MANSION, _Washington, April 4, 1882_.

_To the Senate of the United States:_

After careful consideration of Senate bill No. 71, entitled "An act to execute certain treaty stipulations relating to Chinese," I herewith return it to the Senate, in which it originated, with my objections to its passage.

A nation is justified in repudiating its treaty obligations only when they are in conflict with great paramount interests. Even then all possible reasonable means for modifying or changing those obligations by mutual agreement should be exhausted before resorting to the supreme right of refusal to comply with them.

These rules have governed the United States in their past intercourse with other powers as one of the family of nations. I am persuaded that if Congress can feel that this act violates the faith of the nation as pledged to China it will concur with me in rejecting this particular mode of regulating Chinese immigration, and will endeavor to find another which shall meet the expectations of the people of the United States without coming in conflict with the rights of China.

The present treaty relations between that power and the United States spring from an antagonism which arose between our paramount domestic interests and our previous relations.

The treaty commonly known as the Burlingame treaty conferred upon Chinese subjects the right of voluntary emigration to the United States for the purposes of curiosity or trade or as permanent residents, and was in all respects reciprocal as to citizens of the United States in China. It gave to the voluntary emigrant coming to the United States the right to travel there or to reside there, with all the privileges, immunities, or exemptions enjoyed by the citizens or subjects of the most favored nation.

Under the operation of this treaty it was found that the institutions of the United States and the character of its people and their means of obtaining a livelihood might be seriously affected by the unrestricted introduction of Chinese labor. Congress attempted to alleviate this condition by legislation, but the act which it passed proved to be in violation of our treaty obligations, and, being returned by the President with his objections, failed to become a law.

Diplomatic relief was then sought. A new treaty was concluded with China. Without abrogating the Burlingame treaty, it was agreed to modify it so far that the Government of the United States might regulate, limit, or suspend the coming of Chinese laborers to the United States or their residence therein, but that it should not absolutely prohibit them, and that the limitation or suspension should be reasonable and should apply only to Chinese who might go to the United States as laborers, other classes not being included in the limitations. This treaty is unilateral, not reciprocal. It is a concession from China to the United States in limitation of the rights which she was enjoying under the Burlingame treaty. It leaves us by our own act to determine when and how we will enforce those limitations. China may therefore fairly have a right to expect that in enforcing them we will take good care not to overstep the grant and take more than has been conceded to us.

It is but a year since this new treaty, under the operation of the Constitution, became part of the supreme law of the land, and the present act is the first attempt to exercise the more enlarged powers which it relinquishes to the United States.

In its first article the United States is empowered to decide whether the coming of Chinese laborers to the United States or their residence therein affects or threatens to affect our interests or to endanger good order, either within the whole country or in any part of it. The act recites that "in the opinion of the Government of the United States the coming of Chinese laborers to this country endangers the good order of certain localities thereof." But the act itself is much broader than the recital. It acts upon residence as well as immigration, and its provisions are effective throughout the United States. I think it may fairly be accepted as an expression of the opinion of Congress that the coming of such laborers to the United States or their residence here affects our interests and endangers good order throughout the country. On this point I should feel it my duty to accept the views of Congress.

The first article further confers the power upon this Government to regulate, limit, or suspend, but not actually to prohibit, the coming of such laborers to or their residence in the United States. The negotiators of the treaty have recorded with unusual fullness their understanding of the sense and meaning with which these words were used.

As to the class of persons to be affected by the treaty, the Americans inserted in their draft a provision that the words "Chinese laborers" signify all immigration other than that for "teaching, trade, travel, study, and curiosity." The Chinese objected to this that it operated to include artisans in the class of laborers whose immigration might be forbidden. The Americans replied that they "could" not consent that artisans shall be excluded from the class of Chinese laborers, for it is this very competition of skilled labor in the cities where the Chinese labor immigration concentrates which has caused the embarrassment and popular discontent. In the subsequent negotiations this definition dropped out, and does not appear in the treaty. Article II of the treaty confers the rights, privileges, immunities, and exemptions which are accorded to citizens and subjects of the most favored nation upon Chinese subjects proceeding to the United States as teachers, students, merchants, or from curiosity. The American commissioners report that the Chinese Government claimed that in this article they did by exclusion provide that nobody should be entitled to claim the benefit of the general provisions of the Burlingame treaty but those who might go to the United States in those capacities or for those purposes. I accept this as the definition of the word "laborers" as used in the treaty.

As to the power of legislating respecting this class of persons, the new treaty provides that we "may not absolutely prohibit" their coming or their residence. The Chinese commissioners gave notice in the outset that they would never agree to a prohibition of voluntary emigration. Notwithstanding this the United States commissioners submitted a draft, in which it was provided that the United States might "regulate, limit, suspend, or prohibit" it. The Chinese refused to accept this. The Americans replied that they were "willing to consult the wishes of the Chinese Government in preserving the principle of free intercourse between the people of the two countries, as established by existing treaties, provided that the right of the United States Government to use its discretion in guarding against any possible evils of immigration of Chinese laborers is distinctly recognized. Therefore if such concession removes all difficulty on the part of the Chinese commissioners (but only in that case) the United States commissioners will agree to remove the word 'prohibit' from their article and to use the words 'regulate, limit, or suspend.'" The Chinese reply to this can only be inferred from the fact that in the place of an agreement, as proposed by our commissioners, that we might prohibit the coming or residence of Chinese laborers, there was inserted in the treaty an agreement that we might not do it.

The remaining words, "regulate, limit, and suspend," first appear in the American draft. When it was submitted to the Chinese, they said:

We infer that of the phrases regulate, limit, suspend, or prohibit,
the first is a general expression referring to the others. * * * We
are entirely ready to negotiate with your excellencies to the end that
a limitation either in point of time or of numbers may be fixed upon
the emigration of Chinese laborers to the United States.

At a subsequent interview they said that "by limitation in number they meant, for example, that the United States, having, as they supposed, a record of the number of immigrants in each year, as well as the total number of Chinese now there, that no more should be allowed to go in any one year in future than either the greatest number which had gone in any year in the past, or that the total number should never be allowed to exceed the number now there. As to limitation of time they meant, for example, that Chinese should be allowed to go in alternate years, or every third year, or, for example, that they should not be allowed to go for two, three, or five years."

At a subsequent conference the Americans said:

The Chinese commissioners have in their project explicitly recognized
the right of the United States to use some discretion, and have
proposed a limitation as to time and number. This _is_ the right to
regulate, limit, or suspend.

In one of the conferences the Chinese asked the Americans whether they could give them any idea of the laws which would be passed to carry the powers into execution. The Americans answered that this could hardly be done; that the United States Government might never deem it necessary to exercise this power. It would depend upon circumstances. If Chinese immigration concentrated in cities where it threatened public order, or if it confined itself to localities where it was an injury to the interests of the American people, the Government of the United States would undoubtedly take steps to prevent such accumulations of Chinese. If, on the contrary, there was no large immigration, or if there were sections of the country where such immigration was clearly beneficial, then the legislation of the United States under this power would be adapted to such circumstances. For example, there might be a demand for Chinese labor in the South and a surplus of such labor in California, and Congress might legislate in accordance with these facts. In general the legislation would be in view of and depend upon the circumstances of the situation at the moment such legislation became necessary. The Chinese commissioners said this explanation was satisfactory; that they had not intended to ask for a draft of any special act, but for some general idea how the power would be exercised. What had just been said gave them the explanation which they wanted.

With this entire accord as to the meaning of the words they were about to employ and the object of the legislation which might be had in consequence, the parties signed the treaty, in Article I of which--

The Government of China agrees that the Government of the United
States may regulate, limit, or suspend such coming or residence, but
may not absolutely prohibit it. The limitation or suspension shall
be reasonable, and shall apply only to Chinese who may go to the
United States as laborers, other classes not being included in the
limitations. Legislation taken in regard to Chinese laborers will be
of such a character only as is necessary to enforce the regulation,
limitation, or suspension of immigration.

The first section of the act provides that--

From and after the expiration of sixty days next after the passage
of this act, and until the expiration of twenty years next after the
passage of this act, the coming of Chinese laborers be, and the same
is hereby, suspended; and during such suspension it shall not be
lawful for any Chinese laborer to come, or, having so come after the
expiration of said sixty days, to remain within the United States.

The examination which I have made of the treaty and of the declarations which its negotiators have left on record of the meaning of its language leaves no doubt in my mind that neither contracting party in concluding the treaty of 1880 contemplated the passage of an act prohibiting immigration for twenty years, which is nearly a generation, or thought that such a period would be a reasonable suspension or limitation, or intended to change the provisions of the Burlingame treaty to that extent. I regard this provision of the act as a breach of our national faith, and being unable to bring myself in harmony with the views of Congress on this vital point the honor of the country constrains me to return the act with this objection to its passage.

Deeply convinced of the necessity of some legislation on this subject, and concurring fully with Congress in many of the objects which are sought to be accomplished, I avail myself of the opportunity to point out some other features of the present act which, in my opinion, can be modified to advantage.

The classes of Chinese who still enjoy the protection of the Burlingame treaty are entitled to the privileges, immunities, and exemptions accorded to citizens and subjects of the most favored nation. We have treaties with many powers which permit their citizens and subjects to reside within the United States and carry on business under the same laws and regulations which are enforced against citizens of the United States. I think it may be doubted whether provisions requiring personal registration and the taking out of passports which are not imposed upon natives can be required of Chinese. Without expressing an opinion on that point, I may invite the attention of Congress to the fact that the system of personal registration and passports is undemocratic and hostile to the spirit of our institutions. I doubt the wisdom of putting an entering wedge of this kind into our laws. A nation like the United States, jealous of the liberties of its citizens, may well hesitate before it incorporates into its polity a system which is fast disappearing in Europe before the progress of liberal institutions. A wide experience has shown how futile such precautions are, and how easily passports may be borrowed, exchanged, or even forged by persons interested to do so.

If it is, nevertheless, thought that a passport is the most convenient way for identifying the Chinese entitled to the protection of the Burlingame treaty, it may still be doubted whether they ought to be required to register. It is certainly our duty under the Burlingame treaty to make their stay in the United States, in the operation of general laws upon them, as nearly like that of our own citizens as we can consistently with our right to shut out the laborers. No good purpose is served in requiring them to register.

My attention has been called by the Chinese minister to the fact that the bill as it stands makes no provision for the transit across the United States of Chinese subjects now residing in foreign countries. I think that this point may well claim the attention of Congress in legislating on this subject.

I have said that good faith requires us to suspend the immigration of Chinese laborers for a less period than twenty years; I now add that good policy points in the same direction.

Our intercourse with China is of recent date. Our first treaty with that power is not yet forty years old. It is only since we acquired California and established a great seat of commerce on the Pacific that we may be said to have broken down the barriers which fenced in that ancient Monarchy. The Burlingame treaty naturally followed. Under the spirit which inspired it many thousand Chinese laborers came to the United States. No one can say that the country has not profited by their work. They were largely instrumental in constructing the railways which connect the Atlantic with the Pacific. The States of the Pacific Slope are full of evidences of their industry. Enterprises profitable alike to the capitalist and to the laborer of Caucasian origin would have lain dormant but for them. A time has now come when it is supposed that they are not needed, and when it is thought by Congress and by those most acquainted with the subject that it is best to try to get along without them. There may, however, be other sections of the country where this species of labor may be advantageously employed without interfering with the laborers of our own race. In making the proposed experiment it may be the part of wisdom as well as of good faith to fix the length of the experimental period with reference to this fact.

Experience has shown that the trade of the East is the key to national wealth and influence. The opening of China to the commerce of the whole world has benefited no section of it more than the States of our own Pacific Slope. The State of California, and its great maritime port especially, have reaped enormous advantages from this source. Blessed with an exceptional climate, enjoying an unrivaled harbor, with the riches of a great agricultural and mining State in its rear and the wealth of the whole Union pouring into it over its lines of railway, San Francisco has before it an incalculable future if our friendly and amicable relations with Asia remain undisturbed. It needs no argument to show that the policy which we now propose to adopt must have a direct tendency to repel Oriental nations from us and to drive their trade and commerce into more friendly lands. It may be that the great and paramount interest of protecting our labor from Asiatic competition may justify us in a permanent adoption of this policy; but it is wiser in the first place to make a shorter experiment, with a view hereafter of maintaining permanently only such features as time and experience may commend.

I transmit herewith copies of the papers relating to the recent treaty with China, which accompanied the confidential message of President Hayes to the Senate of the 10th January, 1881, and also a copy of a memorandum respecting the act herewith returned, which was handed to the Secretary of State by the Chinese minister in Washington.

CHESTER A. ARTHUR.

EXECUTIVE MANSION, _July 1, 1882_.

_To the House of Representatives of the United States:_

Herewith I return House bill No. 2744, entitled "An act to regulate the carriage of passengers by sea," without my approval. In doing this I regret that I am not able to give my assent to an act which has received the sanction of the majority of both Houses of Congress.

The object proposed to be secured by the act is meritorious and philanthropic. Some correct and accurate legislation upon this subject is undoubtedly necessary. Steamships that bring large bodies of emigrants must be subjected to strict legal enactments, so as to prevent the passengers from being exposed to hardship and suffering; and such legislation should be made as will give them abundance of space and air and light, protecting their health by affording all reasonable comforts and conveniences and by providing for the quantity and quality of the food to be furnished and all of the other essentials of roomy, safe, and healthful accommodations in their passage across the sea.

A statute providing for all this is absolutely needed, and in the spirit of humane legislation must be enacted. The present act, by most of its provisions, will obtain and secure this protection for such passengers, and were it not for some serious errors contained in it it would be most willingly approved by me.

My objections are these: In the first section, in lines from 13 to 24, inclusive, it is provided "that the compartments or spaces," etc., "shall be of sufficient dimensions to allow for each and any passenger," etc., "100 cubic feet, if the compartment or space is located on the first deck next below the uppermost deck of the vessel," etc., "or 120 cubic feet for each passenger," etc., "if the compartment or space is located on the second deck below the uppermost deck of the vessel," etc. "It shall not be lawful to carry or bring passengers on any deck other than the two decks mentioned," etc.

Nearly all of the new and most of the improved ocean steamers have a spar deck, which is above the main deck. The main deck was in the old style of steamers the only uppermost deck. The spar deck is a comparatively new feature of the large and costly steamships, and is now practically the uppermost deck. Below this spar deck is the main deck. Because of the misuse of the words "uppermost deck" instead of the use of the words "main deck" by this act, the result will be to exclude nearly all of the large steamships from carrying passengers anywhere but on the main deck and on the deck below, which is the steerage deck, and to leave the orlop, or lower deck, heretofore used for passengers, useless and unoccupied by passengers. This objection, which is now presented in connection with others that will be presently explained, will, if this act is enforced as it is now phrased, render useless for passenger traffic and expose to heavy loss all of the great ocean steam lines; and it will also hinder emigration, as there will not be ships enough that could accept these conditions to carry all who may now wish to come.

The use of the new and the hitherto unknown term "uppermost deck" creates this difficulty, and I can not consent to have an abuse of terms like this to operate thus injuriously to these large fleets of ships. The passengers will not be benefited by such a statute, but emigration will be hindered, if not for a while almost prevented for many.

Again, the act in the first section, from line 31 to line 35, inclusive, provides: "And such passengers shall not be carried or brought in any between-decks, nor in any compartment," etc., "the clear height of which is less than 7 feet." Between the decks of all ships are the beams; they are about a foot in width. The legal method of ascertaining tonnage for the purpose of taxation is to measure between the beams from the floor to the ceiling. If this becomes a law the space required would be 8 feet from floor to ceiling, and this is impracticable, for in all ships the spaces between decks are adjusted in proportion to the dimensions of the ship; and if these spaces between decks are changed so as not to correspond in their proportions with the dimensions of the vessel, the ship will not work well in the sea, her sailing qualities will be injured, and she will be rendered unfit for service.