Chapter 28

DEAR SIR: I purchased the articles of historical interest belonging to General Grant and gave them to Mrs. Grant in trust to hold during the lifetime of the General, and at his death, or sooner, at her option, they to become the property of the Government. They consist of his swords, memorials of his victories from the United States, States, and cities, and tributes to his fame and achievements from governments all over the world. In their proper place at Washington they will always be secure and will afford pleasure and instruction to succeeding generations. This trust has been accepted by Mrs. Grant, and the disposition of the articles is in conformity to the wishes of the General. I transmit to you herewith the deed of trust. Mrs. Grant informs me that she prefers to close the trust at once and send the memorials to Washington. May I ask, therefore, that you will designate some official, representing the proper Department, to receive them, and direct him to notify Mrs. Grant of the arrangements necessary to perfect the transfer and deposit in such of the Government buildings as may be most suitable?

Yours, respectfully,

W.H. VANDERBILT.

EXECUTIVE MANSION, _February 5, 1885_.

_To the Senate and House of Representatives of the United States:_

I herewith transmit a communication from the Secretary of State, relative to the Japanese Government's offer to donate a valuable piece of land to the United States in fee simple for legation purposes, and earnestly recommend that the Executive may be immediately authorized to accept the gift in the name of the United States and to tender to his Imperial Japanese Majesty's Government a suitable expression of this Government's thanks for the generosity which prompted the presentation of so desirable a site of ground.

I deem it unnecessary to enlarge upon the statement of the Secretary of State. I feel certain, however, that a perusal of his communication will at once commend itself to the favorable attention of Congress, and doubt not that the necessary authorization of Congress will be immediately given for the acceptance of the gift, as well as insure early action looking to the erection on the premises of suitable public buildings for the use of the legation of the United States at Tokyo. This step can not but be favorable to the United States in every honorable way, while the disinterested motives of a friendly foreign government deserve from us a proper and just recognition.

CHESTER A. ARTHUR.

EXECUTIVE MANSION, _February 11, 1885_.

_To the Senate and House of Representatives:_

In compliance with the act of Congress approved January 16, 1883, entitled "An act to regulate and improve the civil service of the United States," the Civil Service Commission has made to the President its second annual report.

That report is herewith transmitted.

The Commission is in the second year of its existence. The President congratulates the country upon the success of its labors, commends the subject to the favorable consideration of Congress, and asks for an appropriation to continue the work.

CHESTER A. ARTHUR.

EXECUTIVE MANSION, _February 12, 1885_.

_To the Senate and House of Representatives:_

I transmit herewith a copy of the report of the board of management of the World's Industrial and Cotton Centennial Exposition, dated February 2, 1885, requesting an additional appropriation to extinguish a deficit in its accounts, and asking authority to reopen the exhibition during the winter of 1885-86.

A failure on the part of the management to carry out the original intent in regard to the exposition might reflect upon the honor of the United States Government, since twenty-one foreign nations and forty-six States and Territories have joined in the enterprise through faith in the sanction of the Government. In view of this fact and in consideration of the value of the exposition to the cause of material progress and general education, I respectfully submit the report mentioned for the favorable consideration of Congress.

CHESTER A. ARTHUR.

EXECUTIVE MANSION, _February 13, 1885_.

_To the Senate and House of Representatives:_

I herewith transmit, as desired by the act of Congress approved July 7, 1884, a letter from the Secretary of State, with accompanying report from the Central and South American commissioners.

CHESTER A. ARTHUR.

EXECUTIVE MANSION, _February 17, 1885_.

_To the House of Representatives:_

In response to the resolution of the House of Representatives of the 9th of January, 1885, calling for certain correspondence concerning the transactions of the late French and American Commission, I transmit herewith a report of the Secretary of State of the 16th instant, in relation to the subject.

CHESTER A. ARTHUR.

WASHINGTON, _February 17, 1885_.

_To the Senate of the United States:_

Referring your honorable body to the message of December 1, 1884, by which I transmitted to the Senate, with a view to ratification, a treaty negotiated with Belgium touching the succession to and acquirement of real property, etc., by the citizens or subjects of the one Government in the domain of the other, I now address you in order to recall the treaty thus transmitted for reexamination.

CHESTER A. ARTHUR.

EXECUTIVE MANSION, _February 17, 1885_.

_To the Senate of the United States:_

Referring to my message of the 13th instant, concerning the report of the Central and South American commissioners, I have the honor to inform the Senate that the report therein stated as accompanying the message was transmitted with a like message to the House of Representatives.

A note of explanation to this effect was inadvertently omitted from the former message.

CHESTER A. ARTHUR.

EXECUTIVE MANSION, _February 19, 1885_.

_To the Senate and House of Representatives:_

I transmit herewith a report of the Secretary of State of the 19th instant, recommending the enactment of a law for the protection of submarine cables in pursuance of our treaty obligations under the international convention in relation to the subject signed at Paris on the 14th day of March, 1884.

I commend the matter to the favorable consideration of Congress.

CHESTER A. ARTHUR.

EXECUTIVE MANSION, _February 19, 1885_.

_To the Senate and House of Representatives:_

I transmit herewith a communication of the 16th instant from the Secretary of the Interior, submitting, with accompanying papers, a draft of a bill "to accept and ratify an agreement with the confederated tribes and bands of Indians occupying the Yakima Reservation in the Territory of Washington for the extinguishment of their title to so much of said reservation as is required for the use of the Northern Pacific Railroad, and to make the necessary appropriation for carrying out the same."

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

CHESTER A. ARTHUR.

EXECUTIVE MANSION, _February 19, 1885_.

_To the House of Representatives:_

I transmit herewith, in response to a resolution of the House of Representatives of the 5th instant, requesting copies of all the communications which have been received respecting the Kongo conference, and especially copies of the text of the commissions or powers sent by this Government to each of the three American plenipotentiaries or agents, a report of the Secretary of State.

CHESTER A. ARTHUR.

EXECUTIVE MANSION, _February 19, 1885_.

_To the House of Representatives:_

With reference to my communication of the 27th ultimo, transmitting to the House of Representatives a preliminary report of the Secretary of State, dated the 26th of January, 1885, in response to the resolution of the House of the 9th of January, 1885, calling for copies of the accounts and vouchers of the disbursing officers of the French-American Claims Commission and containing other information in relation to the transactions of said commission, I now transmit herewith a further report on the subject by the Secretary of State, dated the 17th instant, which is accompanied by the desired copies of the accounts and vouchers in question.

CHESTER A. ARTHUR.

EXECUTIVE MANSION, _February 25, 1885_.

_To the House of Representatives:_

In answer to the resolution of the House of Representatives of the 13th instant, requesting me to inform that body, if not incompatible with the public interest, what were the reasons which moved me to appoint commissioners to examine and report upon the California and Oregon Railroad from Reading northwardly, I transmit herewith a communication on that subject addressed to me on the 24th instant by the Secretary of the Interior, setting forth the practice under which my action was taken.

CHESTER A. ARTHUR.

EXECUTIVE MANSION, _February 26, 1885_.

_To the Senate of the United States:_

I transmit to the Senate, for its consideration with a view to ratification, a provisional article of agreement modifying the latter clause of Article XXVI of the pending commercial treaty between the United States and Spain, concluded November 18, 1884, so as to extend the time for the approval of the laws necessary to carry the said treaty into operation if ratified.

CHESTER A. ARTHUR.

EXECUTIVE MANSION, _Washington, D.C., February 26, 1885_.

_To the Senate of the United States:_

I herewith transmit, for the consideration of the Senate with a view to ratification, an additional article, signed by the Secretary of State and the minister of Mexico here, on behalf of their respective Governments, the 25th instant, providing for the extension of the time for the approval of the necessary legislation in order to carry into effect the commercial reciprocity treaty between the United States and Mexico of January 20, 1883.

CHESTER A. ARTHUR.

EXECUTIVE MANSION, _Washington, February 28, 1885_.

_To the Senate of the United States:_

Referring to my message to the Senate of the 25th instant, by which I transmitted, with a view to ratification, an additional article to the commercial treaty with Spain concluded November 18, 1884, I now have the honor to request the return of that instrument.

CHESTER A. ARTHUR.

EXECUTIVE MANSION, _Washington, March 2, 1885_.

_To the Senate of the United States:_

I herewith transmit to the Senate, with a view to examination and sanction by that body, a treaty signed in this city to-day by the Secretary of State and the Spanish minister, consisting of four supplementary articles amendatory of the commercial treaty of November 18, 1884, between the United States and Spain, which is now pending in the Senate. The accompanying report of the Secretary of State recites the particulars of the modifications which have been made in deference to the representations made on behalf of important commercial interests of the United States, whereby it is believed all well-founded objections on their part to the ratification of that treaty are obviated.

CHESTER A. ARTHUR.

EXECUTIVE MANSION, _March 2, 1885_.

_To the Senate of the United States:_

I transmit herewith, for the consideration of the Senate with a view to its ratification, a convention concluded February 20, 1885, between the United States of America and the United States of Mexico, for the extradition of criminals. A report of the Secretary of State, touching the negotiation of the convention, is also transmitted.

CHESTER A. ARTHUR.

EXECUTIVE MANSION, _March 3, 1885_.

_To the Senate of the United States:_

I nominate Ulysses S. Grant, formerly commanding the armies of the United States, to be general on the retired list of the Army, with the full pay of such rank.

CHESTER A. ARTHUR.

PROCLAMATIONS.

BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.

A PROCLAMATION.

Whereas the treaty concluded between the United States of America and Her Majesty the Queen of Great Britain and Ireland, concluded at Washington on the 8th day of May, 1871, contains among other articles the following, viz:

ARTICLE XVIII.

It is agreed by the high contracting parties that, in addition to the liberty secured to the United States fishermen by the convention between the United States and Great Britain signed at London on the 20th day of October, 1818, of taking, curing, and drying fish on certain coasts of the British North American colonies therein defined, the inhabitants of the United States shall have, in common with the subjects of Her Britannic Majesty, the liberty, for the term of years mentioned in Article XXXIII of this treaty, to take fish of every kind, except shellfish, on the seacoasts and shores and in the bays, harbors, and creeks of the Provinces of Quebec, Nova Scotia, and New Brunswick, and the colony of Prince Edwards Island, and of the several islands thereunto adjacent, without being restricted to any distance from the shore, with permission to land upon the said coasts and shores and islands, and also upon the Magdalen Islands, for the purpose of drying their nets and curing their fish; provided that in so doing they do not interfere with the rights of private property or with British fishermen in the peaceable use of any part of the said coasts in their occupancy for the same purpose.

It is understood that the above-mentioned liberty applies solely to the sea fishery, and that the salmon and shad fisheries, and all other fisheries in rivers and the mouths of rivers, are hereby reserved exclusively for British fishermen.

ARTICLE XIX.

It is agreed by the high contracting parties that British subjects shall have, in common with the citizens of the United States, the liberty, for the term of years mentioned in Article XXXIII of this treaty, to take fish of every kind, except shellfish, on the eastern seacoasts and shores of the United States north of the thirty-ninth parallel of north latitude, and on the shores of the several islands thereunto adjacent, and in the bays, harbors, and creeks of the said seacoasts and shores of the United States and of the said islands, without being restricted to any distance from the shore, with permission to land upon the said coasts of the United States and of the islands aforesaid, for the purpose of drying their nets and curing their fish; provided that in so doing they do not interfere with the rights of private property or with the fishermen of the United States in the peaceable use of any part of the said coasts in their occupancy for the same purpose.

It is understood that the above-mentioned liberty applies solely to the sea fishery; and that salmon and shad fisheries, and all other fisheries in rivers and mouths of rivers, are hereby reserved exclusively for fishermen of the United States.

ARTICLE XX.

It is agreed that the places designated by the commissioners appointed under the first article of the treaty between the United States and Great Britain concluded at Washington on the 5th of June, 1854, upon the coasts of Her Britannic Majesty's dominions and the United States, as places reserved from the common right of fishing under that treaty, shall be regarded as in like manner reserved from the common right of fishing under the preceding articles. In case any question should arise between the Governments of the United States and of Her Britannic Majesty as to the common right of fishing in places not thus designated as reserved, it is agreed that a commission shall be appointed to designate such places, and shall be constituted in the same manner and have the same powers, duties, and authority as the commission appointed under the said first article of the treaty of the 5th of June, 1854.

ARTICLE XXI.

It is agreed that for the term of years mentioned in Article XXXIII of this treaty fish oil and fish of all kinds (except fish of the inland lakes and of the rivers falling into them, and except fish preserved in oil), being the produce of the fisheries of the United States, or of the Dominion of Canada, or of Prince Edwards Island, shall be admitted into each country, respectively, free of duty.

ARTICLE XXII.

Inasmuch as it is asserted by the Government of Her Britannic Majesty that the privileges accorded to the citizens of the United States under Article XVIII of this treaty are of greater value than those accorded by Articles XIX and XXI of this treaty to the subjects of Her Britannic Majesty, and this assertion is not admitted by the Government of the United States, it is further agreed that commissioners shall be appointed to determine, having regard to the privileges accorded by the United States to the subjects of Her Britannic Majesty, as stated in Articles XIX and XXI of this treaty, the amount of any compensation which in their opinion ought to be paid by the Government of the United States to the Government of Her Britannic Majesty in return for the privileges accorded to the citizens of the United States under Article XVIII of this treaty; and that any sum of money which the said commissioners may so award shall be paid by the United States Government, in a gross sum, within twelve months after such award shall have been given.

ARTICLE XXIII.

The commissioners referred to in the preceding article shall be appointed in the following manner; that is to say: One commissioner shall be named by the President of the United States, one by Her Britannic Majesty, and a third by the President of the United States and Her Britannic Majesty conjointly; and in case the third commissioner shall not have been so named within a period of three months from the date when this article shall take effect, then the third commissioner shall be named by the representative at London of His Majesty the Emperor of Austria and King of Hungary. In case of the death, absence, or incapacity of any commissioner, or in the event of any commissioner omitting or ceasing to act, the vacancy shall be filled in the manner hereinbefore provided for making the original appointment, the period of three months in case of such substitution being calculated from the date of the happening of the vacancy.

The commissioners so named shall meet in the city of Halifax, in the Province of Nova Scotia, at the earliest convenient period after they have been respectively named, and shall before proceeding to any business make and subscribe a solemn declaration that they will impartially and carefully examine and decide the matters referred to them to the best of their judgment and according to justice and equity; and such declaration shall be entered on the record of their proceedings.

Each of the high contracting parties shall also name one person to attend the commission as its agent, to represent it generally in all matters connected with the commission.

ARTICLE XXIV.

The proceedings shall be conducted in such order as the commissioners appointed under Articles XXII and XXIII of this treaty shall determine. They shall be bound to receive such oral or written testimony as either Government may present. If either party shall offer oral testimony, the other party shall have the right of cross-examination, under such rules as the commissioners shall prescribe.

If in the case submitted to the commissioners either party shall have specified or alluded to any report or document in its own exclusive possession, without annexing a copy, such party shall be bound, if the other party thinks proper to apply for it, to furnish that party with a copy thereof; and either party may call upon the other, through the commissioners, to produce the originals or certified copies of any papers adduced as evidence, giving in each instance such reasonable notice as the commissioners may require.

The case on either side shall be closed within a period of six months from the date of the organization of the commission, and the commissioners shall be requested to give their award as soon as possible thereafter. The aforesaid period of six months may be extended for three months in case of a vacancy occurring among the commissioners under the circumstances contemplated in Article XXIII of this treaty.

ARTICLE XXV.

The commissioners shall keep an accurate record and correct minutes or notes of all their proceedings, with the dates thereof, and may appoint and employ a secretary and any other necessary officer or officers to assist them in the transaction of the business which may come before them.

Each of the high contracting parties shall pay its own commissioner and agent or counsel; all other expenses shall be defrayed by the two Governments in equal moieties.

ARTICLE XXX.

It is agreed that for the term of years mentioned in Article XXXIII of this treaty subjects of Her Britannic Majesty may carry in British vessels, without payment of duty, goods, wares, or merchandise from one port or place within the territory of the United States upon the St. Lawrence, the Great Lakes, and the rivers connecting the same, to another port or place within the territory of the United States as aforesaid: _Provided_, That a portion of such transportation is made through the Dominion of Canada by land carriage and in bond, under such rules and regulations as may be agreed upon between the Government of Her Britannic Majesty and the Government of the United States.

Citizens of the United States may for the like period carry in United States vessels, without payment of duty, goods, wares, or merchandise from one port or place within the possessions of Her Britannic Majesty in North America to another port or place within the said possessions: _Provided_, That a portion of such transportation is made through the territory of the United States by land carriage and in bond, under such rules and regulations as may be agreed upon between the Government of the United States and the Government of Her Britannic Majesty.

The Government of the United States further engages not to impose any export duties on goods, wares, or merchandise carried under this article through the territory of the United States; and Her Majesty's Government engages to urge the parliament of the Dominion of Canada and the legislatures of the other colonies not to impose any export duties on goods, wares, or merchandise carried under this article; and the Government of the United States may, in case such export duties are imposed by the Dominion of Canada, suspend during the period that such duties are imposed the right of carrying granted under this article in favor of the subjects of Her Britannic Majesty.

The Government of the United States may suspend the right of carrying granted in favor of the subjects of Her Britannic Majesty under this article in case the Dominion of Canada should at any time deprive the citizens of the United States of the use of the canals in the said Dominion on terms of equality with the inhabitants of the Dominion, as provided in Article XXVII.

ARTICLE XXXII.

It is further agreed that the provisions and stipulations of Articles XVIII to XXV of this treaty, inclusive, shall extend to the colony of Newfoundland, so far as they are applicable. But if the Imperial Parliament, the legislature of Newfoundland, or the Congress of the United States shall not embrace the colony of Newfoundland in their laws enacted for carrying the foregoing articles into effect, then this article shall be of no effect; but the omission to make provision by law to give it effect by either of the legislative bodies aforesaid shall not in any way impair any other articles of this treaty.