Chapter 28

I transmit herewith a communication of 22d ultimo from the Secretary of the Interior, submitting, with accompanying papers, a draft of proposed legislation, prepared in the Office of Indian Affairs, providing for the per capita payment to the Delaware Indians resident in the Cherokee Nation, in Indian Territory, of the amount of their trust fund, principal and interest, held by the Government of the United States by virtue of the several treaties with the said Delaware Indians.

The matter is presented for the consideration and action of Congress.

GROVER CLEVELAND.

EXECUTIVE MANSION, _January 11, 1887_.

_To the Senate and House of Representatives of the United States_:

I transmit herewith a report from the Secretary of State, in relation to an invitation which has been extended to this Government to appoint a delegate or delegates to the Fourth International Prison Congress, to meet at St. Petersburg in the year 1890, and commend its suggestions to the favorable attention of Congress.

GROVER CLEVELAND.

EXECUTIVE MANSION, _Washington, January 13, 1887_.

_To the Senate of the United States_:

I transmit to the Senate, for its consideration with a view to ratification, a declaration of the late international conference at Paris, explanatory of the convention of March 14, 1884, for the protection of submarine cables, made between the United States of America and Germany, Argentine Confederation, Austria-Hungary, Belgium, Brazil, Costa Rica, Denmark, Dominican Republic, Spain, United States of Colombia, France, Great Britain, Guatemala, Greece, Italy, Turkey, Netherlands, Persia, Portugal, Roumania, Russia, Salvador, Servia, Sweden and Norway, and Uruguay.

The declaration has been generally accepted by the signatory powers, and Mr. McLane, the representative of the United States at the conference, has been instructed to sign it, subject to the approval of the Senate.

GROVER CLEVELAND.

EXECUTIVE MANSION, _January 17, 1887_.

_To the Senate and House of Representatives_:

I transmit herewith a communication of the 11th instant from the Secretary of the Interior, submitting, with accompanying papers, a copy of an agreement duly made under the provisions of the act of May 15, 1886 (24 U.S. Statutes at Large, p. 44), with the Indians residing upon the Fort Berthold Reservation, in Dakota, for the cession of a portion of their reservation in said Territory, and for other purposes.

The agreement, together with the recommendations of the Department, is presented for the action of Congress.

GROVER CLEVELAND.

EXECUTIVE MANSION, _Washington, January 18, 1887_.

_To the Senate of the United States_:

Referring to the message of the President of the United States dated February 2, 1885,[13] I transmit herewith, for your consideration, a report from the Secretary of State, inclosing a translation of the convention for the protection of industrial property, of the _protocole de clôture_ of said convention, and of a protocol proposed by the conference of 1886 for ratification by the Governments which have adhered to the convention.

GROVER CLEVELAND.

[Footnote 13: See p. 270.]

EXECUTIVE MANSION, _January 18, 1887_.

_To the Senate and House of Representatives_:

As a matter of national interest, and one solely within the discretion and control of Congress, I transmit the accompanying memorial of the executive committee of the subconstitutional centennial commission, proposing to celebrate on the 17th of September, in the city of Philadelphia, as the day upon which and the place where the convention that framed the Federal Constitution concluded their labors and submitted the results for ratification to the thirteen States then composing the United States.

The epoch was one of the deepest interest and the events well worthy of commemoration.

I am aware that as each State acted independently in giving its adhesion to the new Constitution the dates and anniversaries of their several ratifications are not coincident. Some action looking to a national expression in relation to the celebration of the close of the first century of popular government under a written constitution has already been suggested, and whilst stating the great interest I share in the renewed examination by the American people of the historical foundations of their Government, I do not feel warranted in discriminating in favor or against the propositions to select one day or place in preference to all others, and therefore content myself with conveying to Congress these expressions of popular feeling and interest upon the subject, hoping that in a spirit of patriotic cooperation, rather than of local competition, fitting measures may be enacted by Congress which will give the amplest opportunity all over these United States for the manifestation of the affection and confidence of a free and mighty nation in the institutions of a Government of which they are the fortunate inheritors and under which unexampled prosperity has been enjoyed by all classes and conditions in our social system.

GROVER CLEVELAND.

EXECUTIVE MANSION, _January 18, 1887_.

_To the Senate and House of Representatives_:

I transmit herewith a communication of the 7th ultimo from the Secretary of the Interior, submitting, with accompanying papers, a draft of a bill "for the relief of Hiatt & Co., late traders for the Osage tribe of Indians, and for other purposes."

The matter is presented for the consideration of Congress.

GROVER CLEVELAND.

EXECUTIVE MANSION, _Washington, January 20, 1887_.

_To the Senate of the United States_:

I transmit herewith, with a view to its ratification, a draft of declaration explanatory of Articles II and IV of the convention for the protection of submarine cables, which has been proposed by the conference of 1886 for ratification by the Governments adhering to the said convention.

GROVER CLEVELAND.

EXECUTIVE MANSION, _January 20, 1887_.

_To the Senate and House of Representatives_:

I herewith transmit a communication addressed to me by Mr. Samuel C. Reid, who offers to the United States the battle sword (now in my custody) of his father, Captain Samuel Chester Reid, who commanded the United States private armed brig _General Armstrong_ at the battle of Fayal, in September, 1814.

I respectfully recommend that appropriate action be taken by Congress for the acceptance of this gift.

GROVER CLEVELAND.

EXECUTIVE MANSION, _January 20, 1887_.

_To the Senate of the United States_:

I have the honor to transmit to the Senate herewith a report of the Secretary of State, in answer to the resolution of the Senate of the 11th instant, requesting "estimates for the contingent fund of each bureau" in the Department of State.

GROVER CLEVELAND.

EXECUTIVE MANSION, _January 20, 1887_.

_To the Senate_:

I transmit herewith a report of the Secretary of State, in answer to the resolution of the Senate of December 8, 1886, relative to the claims of Antonio Pelletier and A.H. Lazare against the Republic of Hayti.

GROVER CLEVELAND.

EXECUTIVE MANSION, _January 23, 1887_.

_To the Senate of the United States_:

In response to the resolution of the Senate of the 21st ultimo, calling for certain correspondence touching the construction of a ship canal through Nicaragua, I transmit herewith a report from the Secretary of State on the subject, with accompanying papers.

GROVER CLEVELAND.

EXECUTIVE MANSION, _February 1, 1887_.

_To the Senate and House of Representatives_:

I transmit herewith a letter from the Secretary of State, together with a copy of the report, which it incloses, of Lieutenant William H. Schuetze, United States Navy, who was designated by the Secretary of the Navy, in pursuance of the act of Congress of March 3, 1885, making appropriations for the sundry civil expenses of the Government for the year ending June 30, 1886, to distribute the testimonials of the Government to subjects of Russia who extended aid to the survivors of the _Jeannette_ exploring expedition and to the parties dispatched by this Government to aid the said survivors.

The report is interesting alike to the people of the United States and to the subjects of Russia, and will be gratifying to all who appreciate the generous and humane action of Congress in providing for the testimonials.

GROVER CLEVELAND.

EXECUTIVE MANSION, _February 1, 1887_.

_To the House of Representatives of the United States_:

In response to the resolution of the House of Representatives adopted on the 22d ultimo, calling upon me for a "copy of the treaty or convention proposed to the Senate and ratified by that body between the United States and the Government of the Hawaiian Islands," I transmit herewith a report of the Secretary of State, with accompanying papers.

It is proper to remark in this relation that no convention whatever has been "agreed to and ratified" by "the President and Senate," as is recited in the preamble to the said resolution of the House of Representatives, but that the documents referred to, exhibiting the action of the Executive and the Senate, respectively, are communicated in compliance with the request of the resolution.

GROVER CLEVELAND.

EXECUTIVE MANSION, _February 8, 1887_.

_To the House of Representatives of the United States_:

I transmit herewith, in response to a resolution of the House of the 24th ultimo, a report of the Secretary of State, with accompanying copies of correspondence between the Governments of the United States and Great Britain concerning the rights of American fishermen in the waters of British North America, supplemental to the correspondence already communicated to Congress with my message of December 8, 1886.[14]

GROVER CLEVELAND.

[Footnote 14: See pp. 529-530.]

EXECUTIVE MANSION, _February 10, 1887_.

_To the Senate and House of Representatives_:

I transmit herewith a letter from the Secretary of State, accompanying reports by consular officers of the United States on the extent and character of the emigration from and immigration into their respective districts.

GROVER CLEVELAND.

EXECUTIVE MANSION, _Washington, February 14, 1887_.

_To the Senate of the United States_:

I transmit herewith, with a view to its ratification, a treaty of amity, commerce, and navigation, concluded October 2, 1886, in the harbor of Nukualofa, Tongatabu, between the United States of America and the King of Tonga.

I also transmit, for your information, a report from the Secretary of State, inclosing copies of the treaties of friendship concluded between the Kingdom of Tonga and Germany and Great Britain.

GROVER CLEVELAND.

EXECUTIVE MANSION, _February 14, 1887_.

_To the Senate of the United States_:

I transmit herewith a report furnished by the Secretary of State in response to a resolution of the Senate of January 31 ultimo, calling for particulars of the investment and distribution of the indemnity received in 1875 from Spain, and known as the "_Virginius_ fund."

GROVER CLEVELAND.

EXECUTIVE MANSION, _February 15, 1887_.

_To the House of Representatives_:

In compliance with the resolution of the Senate of the 12th instant (the House of Representatives concurring), I return herewith the bill (H.R. 5652) for the relief of James W. Goodrich.

GROVER CLEVELAND.

EXECUTIVE MANSION, _February 16, 1887_.

_To the Senate and House of Representatives_:

I transmit herewith a letter from the Secretary of State, accompanying the annual reports of the consuls of the United States on the trade and industries of foreign countries.

GROVER CLEVELAND.

EXECUTIVE MANSION, _February 19, 1887_.

_To the House of Representatives of the United States_:

I transmit herewith to the House of Representatives a report from the Secretary of State, in response to a resolution of that body of the 16th instant, inquiring as to the action of this Department to protect the interests of American citizens whose property was destroyed by fire caused by insurgents at Aspinwall in 1885.

GROVER CLEVELAND.

EXECUTIVE MANSION, _February 23, 1887_.

_To the Senate_:

In answer to the resolution of the Senate of the 14th instant, relating to the arrest, trial, and discharge of A.K. Cutting, a citizen of the United States, by the authorities of Mexico, I transmit herewith a letter from the Secretary of State of this date, with its accompaniment.

GROVER CLEVELAND.

EXECUTIVE MANSION, _February 25, 1887_.

_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. 367) to amend section 536 of the Revised Statutes of the United States, relating to the division of the State of Illinois into judicial districts, and to provide for holding terms of court of the northern district at the city of Peoria.

GROVER CLEVELAND.

EXECUTIVE MANSION, _Washington, February 25, 1887_.

_To the Senate of the United States_:

I transmit herewith, with a view to its ratification, an additional article to the treaty of extradition concluded October 11, 1870, between the United States of America and the Republic of Guatemala.

GROVER CLEVELAND.

EXECUTIVE MANSION, _February 26, 1887_.

_To the Senate_:

I transmit herewith, in reply to a resolution of the Senate of the 21st ultimo, a report from the Secretary of State, relative to the seizure and sale of the American schooner _Rebecca_ at Tampico and the resignation of Henry R. Jackson, esq., as minister of the United States to Mexico. It is not thought compatible with the public interests to publish the correspondence in either case at the present time.

GROVER CLEVELAND.

EXECUTIVE MANSION, _February 28, 1887_.

_To the Senate and House of Representatives_:

I transmit herewith a communication of 17th instant from the Secretary of the Interior, submitting, with accompanying papers, two agreements made with Chippewa Indians in the State of Minnesota under the provisions of the act of May 15, 1886 (24 U.S. Statutes at Large, p. 44).

The papers are presented for the consideration and action of Congress.

GROVER CLEVELAND.

EXECUTIVE MANSION, _Washington, March 1, 1887_.

_To the Senate of the United States_:

In answer to the resolution of the Senate of the 22d ultimo, requesting copies of certain letters, dated June 8, 1886, and September 20, 1886, addressed by the counsel of A.H. Lazare to the Secretary of State, in regard to the award against the Republic of Hayti in favor of A.H. Lazare under the protocol signed by the Secretary of State and the minister of Hayti on May 24, 1884, I transmit a report from the Secretary of State upon the subject.

GROVER CLEVELAND.

EXECUTIVE MANSION, _Washington, March 1, 1887_.

_To the House of Representatives_:.

In compliance with the resolution of the House of Representatives of the 28th ultimo (the Senate concurring), I return herewith the bill of the House (H.R. 7310) granting a pension to Mrs. Arlanta T. Taylor.

GROVER CLEVELAND.

EXECUTIVE MANSION, _March 2, 1887_.

_To the Senate of the United States_:

In response to the resolution of the Senate of the 14th ultimo, requesting information concerning the service rendered by Count Casimir Pulaski, a brigadier-general of the Army of the United States in the years 1777, 1778, and 1779, and also respecting his pay and compensation, I transmit herewith reports upon the subject from the Secretary of State, the Secretary of the Treasury, and the Secretary of War.

GROVER CLEVELAND.

EXECUTIVE MANSION, _Washington, March 2, 1887_.

_To the Senate of the United States_:

I transmit herewith a report of the Secretary of State, with accompanying papers, furnished in response to the resolution of the Senate of the 26th ultimo, calling for information touching the conditions under which certain transatlantic telegraph companies have been permitted to land their cables in the United States, and touching contracts of such companies with each other or with other cable or telegraph companies.

GROVER CLEVELAND.

VETO MESSAGES.

EXECUTIVE MANSION, _January 19, 1887_.

_To the Senate_:

I return without approval Senate bill No. 2269, entitled "An act granting a pension to William Dickens."

The beneficiary named in this bill filed his application for pension in the Pension Bureau in 1880, and in December, 1886, the same was granted, taking effect from the 15th day of October, 1864.

If the bill herewith returned should become a law, it would permit the payment of a pension only from the date of its approval. Thus, if it did not result in loss to the claimant by superseding the action of the Pension Bureau, it is plain that it would be a useless enactment.

GROVER CLEVELAND.

EXECUTIVE MANSION, _January 27, 1887_.

_To the Senate_:

I hereby return without approval Senate bill No. 2173, entitled "An act granting a pension to Benjamin Obekiah."

This bill directs that the beneficiary named therein be placed upon the pension roll, "subject to the provisions and limitations of the pension laws."

In July, 1886, the person named in this bill was placed upon the pension roll at a rate determined upon by the Pension Bureau, pursuant to the provisions and limitations of the pension laws; and it is entirely certain that the special act now presented to me would give the claimant no new rights or additional benefits.

GROVER CLEVELAND.

EXECUTIVE MANSION, _January 27, 1887_.

_To the Senate_:

I herewith return without approval Senate bill No. 127, entitled "An act for the relief of H.K. Belding."

This bill directs the sum of $1,566 to be paid to the said H.K. Belding "for carrying the mails of the United States between the years 1858 and 1862."

In April, 1858, a contract was awarded to the said Belding for carrying the mails from Brownsville, Minn., to Carimona, in the same State, a distance of 63 miles, and return, three times a week, for the sum of $1,800 per annum, said service to begin on the 1st day of July, 1858, and to terminate on the 30th day of June, 1862. This contract contained a provision that the Post-Office Department might discontinue the service in whole or in part, allowing to the contractor one month's extra pay therefor.

On May 9, 1859, in consequence of a failure on the part of the Congress to make the necessary appropriation, a general reduction of mail service was ordered, and the service under the contract with the claimant was reduced to two trips per week from May 10, 1859, instead of three, as stipulated in the contract, and a deduction of one-third of the annual sum to be paid by the contract was made for such reduced service; and thereupon one month's extra pay was allowed and paid the contractor on account of said reduction.

It is conceded that payment was made in full according to the terms of the contract up to the 10th day of May, 1859, but it is claimed that notwithstanding the reduction of the service to two trips per week and the receipt by the contractor of one month's extra pay by reason thereof, he continued to perform the full service of three trips per week from the 10th day of May, 1859, to the 30th day of September, 1860, being seventeen months.

Of the sum directed to be paid to him in the bill under consideration, $850 is allowed him on account of this service, he having been paid for the period stated at the rate of $1,200 per annum. The contractor claims that this full service was performed after the reduction by the Post-Office Department because he had received an intimation from the Postmaster-General that if the full service was continued after such reduction there was no doubt that the Congress would at its next session make provision for the payment of the sum deducted.

Of course no legal claim in favor of the contractor can be predicated upon the facts which he alleges; and if he did continue full service under the circumstances stated, it must be conceded that his conduct was hardly in accordance with the rules which regulate transactions of this kind.

But a thorough search of the correspondence and records in the Post-Office Department fails to disclose any letter, document, or record giving the least support to the allegation that any such intimation or assurance as is claimed was given; nor is there the least evidence in the Department that the full service was actually performed. There is, however, on the files of the Department a letter from the claimant, dated August 25, 1860, containing the following statement:

When I received official information of the curtailing service, the reasons why, I wrote to the Department that I would, if allowed, continue service three times a week and take certificates, if I could be allowed to connect with La Crosse at _pro rata_ rates. That letter was never answered and I continued service three times a week till 3d of September following, then run twice a week.

Thus it appears that this contractor, who in August, 1860, claimed that he continued full service upon the invitation of his own unanswered letter for less than four months, insists twenty-seven years after the date of the alleged service that he performed such service for seventeen months, and up to October, 1860. Not only has he himself in this manner almost conclusively shown that the claim now made and allowed is exorbitant, but the evidence gives rise to a strong presumption that it is entirely fictitious.

The remainder of the amount allowed to the claimant in this bill is based upon an alleged performance by the contractor of the same mail service which has been referred to from October 1, 1860, to February 14, 1861, a period of four months and fourteen days.

Prior to October 1, 1860, the claimant's contract was annulled and a new or more extended route established, entirely covering that upon which he had carried the mails. Thereupon a month's extra pay was allowed to him, and new contractors undertook the service and were paid therefor by the Government for the period covered by the claimant's alleged service. From the 14th day of February, 1861, Mr. Belding's contract with the Government was reinstated; but if he performed the service alleged during the period of four months and fourteen days immediately prior to that date, it is quite clear that he did so under an arrangement with the new contractors, and not under circumstances creating any legal or equitable claim against the Government.

GROVER CLEVELAND.

EXECUTIVE MANSION, _January 31, 1887_.

_To the Senate_:

I hereby return without approval Senate bill No. 2167, entitled "An act granting a pension to Mrs. Margaret Dunlap."

By this bill it is proposed to grant a pension to the beneficiary therein named as the mother of James F. Dunlap, who enlisted in the Seventh Missouri State Militia Cavalry in 1862 and died in July, 1864, of wounds received at the hand of a comrade.

The favorable action of the Senate upon this bill appears to be based, so far as the cause of death is concerned, upon an affidavit contained in the report of the committee to which the bill was referred, made by one G. Will Houts, second lieutenant in the company to which the deceased soldier belonged, in which the affiant deposes that some of the comrades of the deceased being engaged in an affray he attempted to separate the combatants, whereupon one of them, without cause or provocation, stabbed the deceased in the breast, from which, in a few days thereafter, he died; to which affidavit is added the finding of a court-martial that the party inflicting the wound was found guilty of manslaughter and sentenced to five years' imprisonment.

Upon this showing it might be difficult to spell out the facts that the injury to the soldier was received in the line of duty or that any theory of granting pensions covered the case.

But the weak features of this application are not alluded to in the committee's report.

The record of the soldier's death states that he was "killed by one of his comrades in a difficulty."