CONGRESS. (TnE PRESIDENT'S MESSAGE.) 



149 



pointed out the necessity and the precedent for 

 legislation of this character. Its enactment is 

 a simple measure of provisory justice toward the 

 nations with which we as a sovereign equal make 

 treaties requiring reciprocal observance. 



While the Italian Government naturally regards 

 such action as the primary and, indeed, the most 

 essential element in the disposal of the Tallulah 

 incident, I advise that, in accordance with prece- 

 dent and in view of the improbability of that 

 particular case being reached by the bill now 

 pending, Congress make gracious provision for in- 

 demnity to the Italian sufferers in the same form 

 and proportion as heretofore. 



In my inaugural address I referred to the gen- 

 eral subject of lynching in these words : 



" Lynching must not be tolerated in a great 

 and civilized country like the United States; 

 courts, not mobs, must execute the penalties of the 

 law. The preservation of public order, the right 

 of discussion, the integrity of courts, and the or- 

 derly administration of justice must continue for- 

 ever the rock of safety upon which our Govern- 

 ment securely rests." 



This I most urgently reiterate and again invite 

 the attention of my countrymen to this reproach 

 upon our civilization. 



The closing year has witnessed a decided 

 strengthening of Japan's relations to other states. 

 The development of her independent, judicial, and 

 administrative functions under the treaties which 

 took effect July 17, 1899, has proceeded without 

 international friction, showing the competence of 

 the Japanese to hold a foremost place among 

 modern peoples. 



In the treatment of the difficult Chinese prob- 

 lems Japan has acted in harmonious concert with 

 the other powers, and her generous cooperation 

 materially aided in the joint relief of the belea- 

 guered legations in Pekin and in bringing about an 

 understanding preliminary to a settlement of the 

 issues between the powers and China. Japan's 

 declarations in favor of the integrity of the Chi- 

 nese Empire and the conservation of open world 

 trade therewith have been frank and positive. As 

 a factor for promoting the general interests of 

 peace, order, and fair commerce in the far East, the 

 influence of Japan can hardly be overestimated. 



The valuable aid and kindly courtesies extended 

 by the Japanese Government and naval officers to 

 the battle-ship Oregon are gratefully appreciated. 



Complaint was made last summer of the dis- 

 criminatory enforcement of a bubonic quarantine 

 against Japanese on the Pacific coast and of inter- 

 ference with their travel in California and Colo- 

 rado under the health laws of those States. The 

 latter restrictions have been adjudged by a Fed- 

 eral court to be unconstitutional. No recurrence 

 of either cause of complaint is apprehended. 



No noteworthy incident has occurred in our re- 

 lations with our important southern neighbor. 

 Commercial intercourse with Mexico continues to 

 thrive, and the two governments neglect no oppor- 

 tunity to foster their mutual interests in all prac- 

 ticable ways. 



Pursuant to the declaration of the Supreme 

 Court that the awards of the. late joint commis- 

 sion in the La Abra and Weil claims were ob- 

 tained through fraud, the sum awarded in the first 

 case, $403,030.08, has been returned to Mexico, 

 and the amount of the Weil award will be re- 

 turned in like manner. 



A convention indefinitely extending the time for 

 the labors of the United States and Mexican In- 

 ternational (Water) Boundary Commission has 

 been signed. 



It is with satisfaction that I am able to an- 



nounce the formal notification at Tlio Hague, ont 

 Sept. 4, of the deposit of ratification.-, of the Con- 

 vention for the Pacific Settlement of International 

 Disputes by sixteen powers namely, the United 

 States, Austria, Belgium, Denmark, England, 

 France, Germany, Italy, Persia, Portugal, Hou- 

 mania, Russia, Siarn, Spain, Sweden and Norway, 

 and the Netherlands. Japan also has sine*- rati- 

 fied the convention. 



The Administrative Council of the Permanent 

 Court of Arbitration has been organized, and bus 

 adopted rules of order and a constitution for 

 the International Arbitration Bureau. In accord- 

 ance with Article XXIII of the convention, provid- 

 ing for the appointment by each signatory power 

 of persons of known competency in questions of 

 international law as arbitrators, I have appointed 

 as members of this court Hon. Benjamin Harri- 

 son, of Indiana, ex-President of the United States; 

 Hon. Melville W. Fuller, of Illinois, Chief Justice 

 of the United States; Hon. John W. Griggs, of 

 New Jersey, Attorney-General of the United 

 States, . and Hon. George Gray, of Delaware, a 

 judge of the circuit court of the United States. 



As an incident of the brief revolution in the 

 Mosquito district of Nicaragua early in 1899, the 

 insurgents forcibly collected from American mer- 

 chants duties upon imports. On the restoration 

 of order the Nicaraguari authorities demanded a 

 second payment of such duties on the ground 

 that they were due to the titular Government and 

 that their diversion had aided the revolt. 



This position was not accepted by us. After pro- 

 longed discussion a compromise was effected under 

 which the amount of the second payments was- 

 deposited with the British consul at San Juan del 

 Norte in trust until the two governments should 

 determine whether the first payments had been 

 made under compulsion to a de facto authority. 

 Agreement as to this was not reached, and the 

 point was waived by the act of the Nicaraguan 

 Government in requesting the British consul to 

 return the deposits to the merchants. 



Menacing differences between several of the 

 Central American states have been accommo- 

 dated, our ministers rendering good offices toward 

 an understanding. 



The all-important matter of an interoceanic 

 canal has assumed a new phase. Adhering to its 

 refusal to reopen the question of the forfeiture 

 of the contract of the Maritime Canal Company, 

 which was terminated for alleged non-execution, 

 in October, 1899, the Government of Nicaragua 

 has since supplemented that action by declaring 

 the so-styled Eyre-Cragin option void for non- 

 payment of the stipulated advance. Protests in 

 relation to these acts have been filed in the State 

 Department and are under consideration. Deem- 

 ing itself relieved from existing engagements, the 

 Nicaraguan Government shows a disposition to 

 deal freely with the canal question either in the 

 way of negotiations w T ith the United States or by 

 taking measures to promote the waterway. 



Overtures for a convention to effect the build- 

 ing of a canal under the auspices of the United 

 States are under consideration. In the mean- 

 time, the views of the Congress upon the general 

 subject, in the light of the report of the commis- 

 sion appointed to examine the comparative merits 

 of the various trans-Isthmian ship-canal projects, 

 may be awaited. 



I commend to the early attention of the Senate 

 the convention with Great Britain to facilitate 

 the construction of such a canal and to remove 

 any objection which might arise out of the con- 

 vention commonly called the Clayton-Bulwer 

 Treaty. 



