of Colo., Townsend of Pa., Tracey, Turner of | Ill., E. B. Taylor, J. D. Taylor, Thompson of The bill was then passed-yeas 117, nays 84, (not voting 126): YEAS-Messrs. Adams, Andrew, Arnold, Atkinson of W. Va., Baker of N. Y., Banks, Bartine, Belknap, Bergen, Bingham, Boatner, Browne of Va., Buchanan of N. J., Burrows, Burton, Caldwell, Candler of Mass., Carter, Cheatham, Clancy, Cogswell, Coleman, Comstock, Conger, Connell, Cooper of Ohio, Craig, Culbertson of Pa., Cummings, Dalzell, Dibble, Dorsey, Dunnell, Dunphy, Farquhar, Flood, Frank, Gear, Gifford, Greenhalge, Grosvenor, Harmer, Hayes, Henderson of Iowa, Hermann, Hitt, Kennedy, Kerr of Iowa, Ketcham, Kinsey, Knapp, Lawler, Laws, Lehlbach, Lodge, Magner, McAdoo, McCarthy, McKenna, Miles, Milliken, Moffitt, Moore of N. H., Morey, Morrill, Morrow, E. A. Morse, Mudd, O'Neil of Mass., O'Neill of Pa.,Osborne, Outhwaite,Owen of Ind., Payne, Perkins, Peters, Pickler, Price, Pugsley, | Quackenbush, Quinn, Raines, Randall of Mass., Reed of Iowa, Reilly, Reyburn, Rife, Rockwell, Rusk, Russell of Conn., Sanford, Sawyer, Scranton, Scull, Simonds, Smyser, Snider of Minn., Spooner, Stivers, Stockbridge, Stump, Taylor of NAYS-Messrs. Abbott, Allen of Mich., Bar- July 26-It was referred to the Committee on the Judiciary. XLIV. RIVER AND HARBOR BILL. IN HOUSE OF REPRESENTATIVES-FIFTY-FIRST [This bill (H. R. 9486) reported by Mr. HENDERSON of Illinois, appropriated $20,932, 445. Of this amount $13,934,950 are for the improvement of rivers and other ways, the Mississippi river to have $3,992,000, and Missouri $900,000 of the sum. $6,797,495 are for harbors and breakwaters, etc., and $200,000 for examinations, surveys, and incidentals. Of the entire sum, $1,217,250 are appropriated to fifty-six new projects, forty-three being rivers and waterways, thirteen harbors, and one canal. This canal appropriation is $500,000 for commencing the construction of the Illinois and Mississippi Canal, to connect the Upper Mississippi with the Lake System of navigation. The estimated cost of this canal by the Rock Island route is $6,524,052.61, the canal to be 80 feet wide, 7 deep, to run from the Mississippi at the mouth of Rock River to the Illinois River near the town of Hennepin. The estimates by the Chief of Engineers of the amounts that could be profitably expended were $35,210,800-EDITOR.] to the Committee on Rivers and Harbors, with instructions to report it back with the provision as to the Hennepin Canal stricken out; which was rejected-yeas 61, nays 127, (not voting 139): YEAS Messrs. Andrew, Bland, Blount, Breckinridge of Ky., Brookshire, F. B. Brown, Brunner, Bunn, Bynum, Candler of Ga., Clancy, Clements, Cobb, Cooper of Ind., Cowles, Crisp, Dockery, Edmunds, Ellis, Enloe, Flower, Forney, Fowler, Goodnight, Hare, Hatch, Henderson of N. C., Herbert, Holman, Kerr of Pa., Lanham, Lester of Ga., Martin of Ind., Martin of Tex., McCarthy, McClellan, McCreary, McRae, Montgomery, Morgan, Mutchler, Oates, O'Neall of Ind., Paynter, Peel, Penington, Perry, Pierce, Rogers, Rowland, Sayers, Stewart of Ga., Stone of Ky., Thomas of Wis., Tillman, Turner of Ga., Turner of N. Y., Vaux, Wade, Washington, Wilson of Mo.-61. NAYS-Messrs Alderson, Allen of Mich., Anderson of Kans., Atkinson of Pa., Atkinson of W. Va., Baker of N. Y., Banks, Beckwith, Belknap, Bergen, Bingham, Bowden, Brickner, Brosius, Browne of Va., Burton, Caldwell, Cannon, Caswell, Catchings, Chipman, Clarke of Ala., Clark of Wis., Coleman, Comstock, Conger, Connell, Covert, Cutcheon, Darlington, May 28 The bill having been variously Davidson of Fla., De Haven, Dibble, Dolliver, amended and reported to the House, Dunnell, Evans, Farquhar, Finley, Flick, Flood, Mr. DOCKERY moved that it be re-committed | Forman, Gear, Geissenhainer, Gest, Gibson, 1890, May 24-In Committee of the Whole, Mr. TURNER of Georgia moved to strike out the paragraphs referring to the Hennepin Canal; which was rejected-ayes 50, noes 122. Gifford, Grosvenor, Hansbrough, Harmer, Mich., Stewart of Tex., Stockbridge, Stockdale, IN SENATE. August 16-The bill passed, increasing the appropriations several millions of dollars. A Committee of Conference was asked. XLV. RECOMMENDATIONS OF THE INTERNATIONAL [For previous record on this subject see Mc- | and cars for railways,clocks, fire pumps, fresh fish, Pherson's HAND-BOOK OF POLITICS FOR 1886, p. 217; his HAND-BOOK OF POLITICS FOR 1884, p. 4; his HAND-BOOK OF POLITICS FOR 1882, pp. 130, 131.] The first movement in the direction of a close connection between the American States was the Congress at Panama in 1826, under the administration of John Quincy Adams. The Secretary of State at that time was Henry Clay. The representatives from the United States, delayed by opposition in Congress to the scheme, arrived in Panama after the adjournment of the Congress. The next movement began with the issue by Mr. Blaine, Secretary of State, under Pres⚫ident Arthur, November 29, 1881, of a "circular invitation" to the Powers referred to, for a general congress to be held in Washington, November 22, 1882. On the 18th of April, 1882, President Arthur-Mr. Frelinghuysen having meanwhile succeeded Mr. Blaine as Secretary of State-submitted to Congress the "propriety of convening the suggested international congress." Congress having taken no action in the premises, and made no provision for expenses, President Arthur, in his Annual Message of December 4, 1882, advised Congress that he had decided to postpone the convocation and had so advised the several governments which had been invited to attend. houses of wood or iron, complete, hoes, scythes, etc., iron and steel rails for railways, iron beams, locomotives, masts and anchors, marble blocks, machines for industrial, agricultural and mining purposes, plows, petroleum, powder, quicksilver, stoves, staves, sewing machines, types, wire, water pipes, window blinds, etc. The convention to last for six years after "the laws and reg. ulations necessary to carry it into operation, shall have been passed by the two governments, which shall be within twelve months from the date of the exchange of ratifications." This legislation failed in the United States. In the Forty-eighth Congress, second session, January 29, 1885, in the HOUSE, a bill to carry out this Treaty failed yeas 105, nays 143, on a preliminary motion. The affirmative vote was made up of 40 Republicans, 63 Democrats, and 2 Independents. The negative vote was made up of 49 Republicans, 93 Democrats, and 1 Independent. The Treaty never took effect. The Arthur Administration also concluded a reciprocity Treaty with Spain through John W. Foster, its Minister at Madrid, November 18, 1884, the conditions being the free admission into our ports of such merchandise of Cuba and Porto Rico as this country does not produce, in return for the admission into those Islands, free or under a favored scheme of duties, of our own The Arthur Administration concluded a Treaty products-the benefits of such exchange to apply with Mexico, through Ulysses S. Grant and only to goods carried under the flag of the parties William Henry Trescot as Commissioners, Jan- to the contract. This Treaty was submitted to uary 20, 1883, which was ratified with amend- the Senate December 10, 1884, but was not ments by the Senate March 11, 1884, and acted on at that session. In March, 1885, it proclaimed June 2, 1884. This Treaty proposed was withdrawn from the Senate by the Cleveland to admit free of duty certain products of Mexico | Administration. into the United States, such as coffee, eggs, fruits, sisal, hemp, hides, India-rubber, molasses, palm-oil, quicksilver, sugar not above No. 16, Dutch standard, tobacco in leaf, unmanufactured, wood and timber of all kinds, unmanufactured, including ship timber, and sundry other articles. And Mexico agreed to admit free of duty products of the U. S., such as anvils, coal, coaches Nothing further was done in the direction of reciprocity with the Pan-American States until June 17, 1886, in the Forty-Ninth Congress, when the SENATE passed, without a division, a bill to convene such a Conference. The HOUSE took no action upon it. In the Fiftieth Congress the bill passed by the SENATE in the previous Congress was passed by ART. V. All controversies or differences, with the exception stated in Article IV, whether pending or hereafter arising, shall be submitted to arbitration, even though they may have originated in occurrences ante-dating the present treaty. both houses, without material change, and was | which, in the judgment of any one of the nations approved by President Cleveland, May 24, 1888. involved in the controversy, may imperil its inThe act defined the Conference as for the "pur- dependence. In which case, for such nation, pose of recommending some plan of arbitration arbitration shall be optional; but it shall be obfor the settlement of disputes between them, and ligatory upon the adversary power. of considering questions relating to the improvement of business intercourse, and means of direct communication between said countries, and to encourage such reciprocal commercial relations as will be beneficial to all and secure more extensive markets for the products of each of said countries." It met October 2, 1889, adjourned April 19, 1890. The states represented were: Hayti, Nicaragua, Peru, Guatemala, Colombia, Argentine Republic, Costa Rica, Paraguay, Brazil, Honduras, Mexico, Bolivia, United States, Venezuela, Chili, Salvador, Ecuador. The Recommendations of the Conference. THE TREATY OF ARBITRATION PROPOSED. The delegates from North, Central and South America in Conference assembled: Believing that war is the most cruel, the most fruitless, and the most dangerous expedient for the settlement of international differences; Recognizing that the growth of the moral principles which govern political societies has created an earnest desire in favor of the amicable adjustment of such differences; Animated by the realization of the great moral and material benefits that peace offers to mankind, and trusting that the existing conditions of the respective nations are especially propitious for the adoption of arbitration as a substitute for armed struggles; Convinced by reason of their friendly and cordial meeting in the present conference, that the American Republics, controlled alike by the principles, the duties and responsibilities of popular Government, and bound together by vast and increasing mutual interests, can, within the sphere of their own action, maintain the peace of the continent and the good-will of all its inhabitants; And considering it their duty to lend their assent to the lofty principles of peace which the most enlightened public sentiment of the world approves : Do solemnly recommend all the Governments by which they are accredited to celebrate a uniform treaty of arbitration in the articles following: ART. I. The Republics of North, Central, and South America hereby adopt arbitration as a principle of American International Law for the settlement of all differences, disputes or controversies that may arise between them. ART. II. Arbitration shall be obligatory in all controversies concerning diplomatic and consular privileges, boundaries, territories, indemnities, the right of navigation, and the validity, construction and enforcement of treaties. ART. III. Arbitration shall be equally obligatory in all cases other than those mentioned in the foregoing article, whatever may be their origin, nature or occasion: with the single exception mentioned in the next following article. ART. IV. The sole questions excepted from the provisions of the preceding article are those ART. VI. No question shall be revived by virtue of this treaty, concerning which a definite agreement shall already have been reached. In such cases, arbitration shall be resorted to only for the settlement of questions concerning the validity, interpretation or enforcement of such agreements. ART. VII. Any government may serve in the capacity of arbitrator which maintains friendly relations with the nation opposed to the one selecting it. The office of arbitrator may also be entrusted to tribunals of justice, to scientific bodies, to public officials, or to private individuals, whether citizens or not of the States selecting them. ART. VIII. The court of arbitration may consist of one or more persons. If of one person, he shall be selected jointly by the nations concerned. If of several persons, their selection may be jointly made by the nations concerned. Should no choice be made, each nation claiming a distinct interest in the question at issue shall have the right to appoint one arbitrator on its own behalf. ART. IX. Whenever the court shall consist of an even number of arbitrators, the nations concerned shall appoint an umpire, who shall decide all questions upon which the arbitrators may disagree. If the nations interested fail to agree in the selection of an umpire, such umpire shall be selected by the arbitrators already appointed. ART. X. The appointment of an umpire, and his acceptance, shall take place before the arbitrators enter upon the hearing of the questions in dispute. ART. XI. The umpire shall not act as a member of the court, but his duties and powers shall be limited to the decision of questions upon which the arbitrators shall be unable to agree. ART. XII. Should an arbitrator, or an umpire, be prevented from serving by reason of death, resignation or other cause, such arbitrator or umpire shall be replaced by a substitute to be selected in the same manner in which the original arbitrator or umpire shall have been chosen. ART. XIII. The court shall hold its sessions at such place as the parties in interest may agree upon, and in case of disagreement or failure to name a place, the court itself may determine the location. ART. XIV. When the court shall consist of several arbitrators, a majority of the whole number may act notwithstanding the absence or withdrawal of the minority. In such case the majority shall continue in the performance of their duties until they shall have reached a final determination of the questions submitted for their consideration. ART. XV. The decision of a majority of the whole number of arbitrators shall be final both on the main and incidental issues, unless in the agreement to arbitrate it shall have been expressly provided that unanimity is essential. ART. XVI. The general expenses of arbitration proceedings shall be paid in equal proportions by the governments that are parties thereto; but expenses incurred by either party in the preparation and prosecution of its case shall be defrayed by it individually. ART. XVII. Whenever disputes arise, the nations involved shall appoint courts of arbitration in accordance with the provisions of the preceding articles. Only by the mutual and free consent of all of such nations may those provisions be disregarded, and courts of arbitration appointed under different arrangements. ART. XVIII. This treaty shall remain in force for twenty years from the date of the exchange of ratifications. After the expiration of that period, it shall continue in operation until one of the contracting parties shall have notified all the others of its desire to terminate it. In the event of such notice the treaty shall continue obligatory upon the party giving it for at least one year thereafter, but the withdrawal of one or more nations shall not invalidate the treaty with respect to the other nations con cerned. ART. XIX. This treaty shall be ratified by all the nations approving it, according to their respective constitutional methods; and the ratifications shall be exchanged in the city of Washington on or before the first day of May, A. D. 1891. Any other nation may accept this treaty and become a party thereto, by signing a copy thereof and depositing the same with the Government of the United States; whereupon the said Government shall communicate this fact to the other contracting parties. In testimony whereof the undersigned plenipotentiaries have hereunto affixed their signatures and seals. this Done in the city of Washington, in copies in English, Spanish, and Portugese, on day of the month of one thousand eight hundred and ninety. WASHINGTON, April 17, 1890. The International American Conference resolves: That this Conference, having recommended arbitration for the settlement of disputes among the Republics of America, begs leave to express the wish that controversies between them and the nations of Europe may be settled in the same friendly manner. It is further recommended that the government of each nation herein represented communicate this wish to all friendly powers. WASHINGTON, April 18, 1890. [On the proposed Treaty, and on this proposition, sixteen States voted aye. Chili abstained.] ON THE PRINCIPLE OF CONQUEST. Whereas the International American Conference feels that it would fall short of the most exalted conception of its mission were it to ab stain from embodying its pacific and fraternal sentiments in declarations tending to promote national stability and guaranty just international relations among the nations of the continent: Be it therefore Resolved, That it earnestly recommends to the Governments therein represented the adoption of the following declarations: First. That the principle of conquest shall not, during the continuance of the Treaty of Arbitration, be recognized as admissible under American public law. Second. That all cessions of territory made during the continuance of the Treaty of Arbitration shall be void, if made under threats of war or the presence of an armed force. Third. Any nation from which such cessions shall be exacted may demand that the validity of the cessions so made shall be submitted to arbitration. Fourth. Any renunciation of the right to arbitration made under the conditions named in the second section shall be null and void. WASHINGTON, April 18, 1890. [On this question, sixteen States voted aye. Chili abstained from voting. In the annual message of the President of Chili, in August, 1890, he expresses approval of the project of an international railroad; and our Minister in Chili states that the President of that Republic is strongly opposed to the projected system of arbitration, as are, also, the entire press and people of Chili.] ON THE RIGHTS OF FOREIGNERS. The International American Conference recommends to the Governments of the countries therein represented the adoption, as principles of American international law, of the following: (1) Foreigners are entitled to enjoy all the civil rights enjoyed by natives; and they shall be accorded all the benefits of said rights in all that is essential as well as in the form of procedure, and the legal remedies incident thereto. absolutely in like manner as said natives. (2) A nation has not, nor recognizes in favor of foreigners, any other obligations or responsi bilities than those which in favor of the natives are established, in like cases, by the constitution and the laws. WASHINGTON, April 12, 1890. [On this question, fifteen States voted aye, the United States nay. Hayti abstained. ON THE NAVIGATION OF RIVERS. Whereas, it is an admitted principle of international law, founded on reasons of justice and equity, and which the general advantage demands, that the navigation of rivers shall be free to all nations whose territories border on them, and for those nations which have no other means of reaching the sea, the International American Conference Resolves to recommend to the several Govern. ments of the nations represented in this Confer ence, to adopt, declare, and recognize the follow- | the accompanying documents herewith transing principles: mitted, to which I invite your attention. (1) That rivers which separate several States, or which bathe their territory, shall be open to the free navigation of the merchant marine or ships of war of the riparian nations. (2) That this declaration shall not affect the jurisdiction nor the sovereignty of any of the riparian nations either in time of peace or war. WASHINGTON, April 12, 1890. [On this question fourteen States voted aye, two (Nicaragua and the United States) nay, and Venezuela abstained.] President Harrison's Message June 2, 1890. To the Senate and House of Representatives: The International American Conference, recently in session at this capital, recommended for adoption by the several American republics: 1. A uniform system of customs regulations for the classification and valuation of imported merchandise; 2. A uniform nomenclature for the description of articles of merchandise imported and exported; and 3. The establishment at Washington of an International Bureau of Information. The Conference also, at its final session, decided to establish in the city of Washington, as a fitting memorial of its meeting, a Latin-American library, to be formed by contributions from the several nations, of historical, geographical, and literary works, maps, manuscripts, and official documents relating to the history and civilization of America, and expressed a desire that the Government of the United States should provide a suitable building for the shelter of such a library, to be solemnly dedicated upon the four hundredth anniversary of the discovery of America. The importance of these suggestions is fully set forth in the letter of the Secretary of State, and BENJ. HARRISON. The Action of Congress. IN SENATE. 1890, July 19-Pending the Sundry Civil bill, this clause, reported by the Committee on Appropriations: "Latin-American Memorial Library Building: For establishing in the city of Washington, to commemorate the meeting of the International American Conference, a Latin-American Memorial Library, to be formed by contributions. from all the Governments represented in this conference, wherein shall be collected all the historical, geographical, and literary works, maps, manuscripts, and official documents relating to the history and civilization of America; for the purchase of a site for said Latin-American Memorial Library on Pennsylvania avenue, or north of the same, and for the erection of a suitable building for such purposes thereon, five hundred thousand dollars. Said site, subject to the limitation hereinbefore provided, to be selected by the Secretary of State, and said building to be erected under his direction and supervision." Mr. HAWLEY moved this as a substitute, which was agreed to without a division: "Latin-American Memorial Library building: For establishing in the city of Washington, to commemorate the meeting of the International American Conference, a section of the Library of Congress to be known as the Latin-American Memorial Library, to be formed by contributions from all the governments represented in said conference, wherein may be collected historical, geographical, and literary works, maps, manuscripts, and official documents relating to the history and civilization of America, and for the outfit of quarters suitable for said library in the new building intended for the Library of Congress, $25,000." The HOUSE non-concurred in this and some other SENATE amendments, and in conference, this clause was dropped. XLVI. *The votes in the HOUSE on the site, February 24, 3 4 5 6 7 8 Chicago 115 121 127 134 140 149 155 157 New York 72 83 92 95 110 116 St. Louis 61 59 53 48 38 28 Washington 56 46 34 29 24 Cumberl'nd Gap 1 112 27 18 17 -- 26 IN HOUSE-FIFTY-FIRST CONGRESS, FIRST SESSION. 1890, March 25-The bill (H. R. 8393) was passed-yeas 202, nays 49, (not voting 78): YEAS-Messrs. Adams, Alderson, Allen of Mich., Anderson of Kans., Andrew, Arnold, Atkinson of Pa., Atkinson of W. Va., Baker 107 of N. Y., Banks, Bartine, Barwig, Bayne, Belden, Belknap, Bergen, Bingham, Blanchard, Boatner, Boothman, Boutelle, Bowden, Brewer, Brickner, Brookshire, Browne of Va., Brunner, Buchanan of N. J., Buckalew, Bunn, Burrows, Burton, Bynum, Candler of Ga., Candler of · 18 311 308 153 155 154 154 157 156 156 155 |