Considérant d'autre part:

Que le Gouvernement Hollandais, ainsi que le démontrent des faits non contestés par le Gouvernement Français, entretenait à la fin du siècle dernier des postes militaires sur l'Awa ;

Que les autorités Françaises de la Guyane ont maintes fois reconnu les Nègres établis sur le territoire contesté comme dépendant médiatement ou immédiatement de la domination Hollandaise, et que ces autorités n'entraient en relations avec les tribus indigènes habitant ce territoire que par l'entremise et en présence du Représentant des autorités coloniales Hollandaises;

Qu'il est admis sans conteste par les deux pays intéressés que le Fleuve Maroni, à partir de sa source, doit servir de limite entre leurs Colonies respectives;

Que la Commission Mixte de 1861 a recueilli des données en faveur de la reconnaissance de l'Awa comme cours supérieur du Maroni;

Par ces motifs :

Nous déclarons que l'Awa doit être considérée comme fleuve limitrophe devant servir de frontière entre les deux possessions.

En vertu de cette décision arbitrale, le territoire en amont du confluent des Rivières Awa et Tapanahoni doit appartenir désormais à la Hollande, sans préjudice toutefois des droits acquis bona fide par les ressortissants Français dans les limites du territoire qui avait été en litige.

Fait à Gatchina, le 13 Mai, 1891.

GIERS.

25

ALEXANDRE.

MESSAGE of the President of the United States, on the Opening of Congress.-Washington, December 9, 1891.

TO THE SENATE AND HOUSE OF REPRESENTATIVES,

THE Reports of the Heads of the several Executive Departments, required by law to be submitted to me, which are herewith transmitted, and the Reports of the Secretary of the Treasury and the Attorney-General, made directly to Congress, furnish a comprehensive view of the administrative work of the last fiscal year relating to internal affairs. It would be of great advantage if these Reports could have an attentive perusal by every member of Congress and by all who take an interest in public affairs. Such a perusal could not fail to excite a higher appreciation of the vast labour and conscientious effort which are given to the conduct of our civil administration.

The Reports will, I believe, show that every question has been approached, considered, and decided from the standpoint of public duty, and upon considerations affecting the public interests alone. Again I invite to every branch of the service the attention and scrutiny of Congress.

The work of the State Department during the last year has been characterized by an unusual number of important negotiations and by diplomatic results of a notable and highly beneficial character. Among these are the reciprocal trade arrangements which have been concluded, in the exercise of the powers conferred by section 3 of the Tariff Law, with the Republic of Brazil, with Spain for its West India possessions, and with San Domingo. Like negotiations with other countries have been much advanced, and it is hoped that before the close of the year further definitive trade arrangements of great value will be concluded.

In view of the reports which had been received as to the diminution of the seal herds in the Behring Sea, I deemed it wise to propose to Her Majesty's Government in February last that an agreement for a closed season should be made pending the negotiations for arbitration, which then seemed to be approaching a favourable conclusion. After much correspondence, and delays for which this Government was not responsible, an agreement was reached and signed on the 15th June, by which Great Britain undertook, from that date and until the 1st May, 1892, to prohibit the killing by her subjects of seals in the Behring Sea, and the Government of the United States, during the same period, to enforce its existing pro-, hibition against pelagic sealing, and to limit the catch by the Furseal Company upon the islands to 7,500 skins. If this agreement could have been reached earlier, in response to the strenuous endeavours of this Government, it would have been more effective; but coming even as late as it did, it unquestionably resulted in greatly diminishing the destruction of the seals by the Canadian sealers.

In my last Annual Message I stated that the basis of arbitration proposed by Her Majesty's Government for the adjustment of the long-pending controversy as to the seal fisheries was not acceptable. I am glad now to be able to announce that terms satisfactory to this Government have been agreed upon, and that an agreement as to the Arbitrators is all that is necessary to the completion of the Convention. In view of the advanced position which this Government has taken upon the subject of international arbitration, this renewed expression of our adherence to this method for the settlement of disputes such as have arisen in the Behring Sea will, I doubt not, meet with the concurrence of Congress.

Provision should be made for a joint demarcation of the frontier

line between Canada and the United States, wherever required by the increasing border settlements, and especially for the exact location of the water boundary in the straits and rivers.

I should have been glad to announce some favourable disposition of the boundary dispute between Great Britain and Venezuela, touching the western frontier of British Guiana, but the friendly efforts of the United States in that direction have thus far been unavailing. This Government will continue to express its concern at any appearance of foreign encroachment on territories long under the administrative control of American States. The determination of a disputed boundary is easily attainable by amicable arbitration, where the rights of the respective parties rest, as here, on historic facts, readily ascertainable.

The Law of the last Congress providing a system of inspection for our meats intended for export, and clothing the President with power to exclude foreign products from our market in case the country sending them should perpetuate unjust discriminations against any product of the United States, placed this Government in a position to effectively urge the removal of such discriminations against our meats. It is gratifying to be able to state that Germany, Denmark, Italy, Austria, and France, in the order named, have opened their ports to inspected American pork products. The removal of these restrictions in every instance was asked for and given solely upon the ground that we had now provided a meat inspection that should be accepted as adequate to the complete removal of the dangers, real or fancied, which had been previously urged. The State Department, our Ministers abroad, and the Secretary of Agriculture have co-operated with unflagging and intelligent zeal for the accomplishment of this great result. outlines of an agreement have been reached with Germany, looking to equitable trade concessions in consideration of the continued free importation of her sugars; but the time has not yet arrived when this correspondence can be submitted to Congress.

The

The recent political disturbances in the Republic of Brazil have excited regret and solicitude. The information we possessed was too meagre to enable us to form a satisfactory judgment of the causes leading to the temporary assumption of supreme power by President Fonseca, but this Government did not fail to express to him its anxious solicitude for the peace of Brazil and for the maintenance of the free political institutions which had recently been established there, nor to offer our advice that great moderation should be observed in the clash of parties and the contest for leadership. These counsels were received in the most friendly spirit, and the latest information is that constitutional government has been re-established without bloodshed.

The lynching at New Orleans in March last of 11 men of Italian nativity by a mob of citizens was a most deplorable and discreditable incident. It did not, however, have its origin in any general animosity to the Italian people, nor in any disrespect to the Government of Italy, with which our relations were of the most friendly character. The fury of the mob was directed against these men as the supposed participants or accessories in the murder of a city officer. I do not allude to this as mitigating in any degree this offence against law and humanity, but only as affecting the international questions which grew out of it. It was at once represented by the Italian Minister that several of those whose lives had been taken by the mob were Italian subjects, and a demand was made for the punishment of the participants and for an indemnity to the families of those who were killed. It is to be regretted that the manner in which these claims were presented was not such as to promote a calm discussion of the questions involved; but this may well be attributed to the excitement and indignation which the crime naturally evoked. The views of this Government as to its obligations to foreigners domiciled here were fully stated in the correspondence, as well as its purpose to make an investigation of the affair with a view to determine whether there were present any circumstances that could, under such rules of duty as we had indicated, create an obligation upon the United States. temporary absence of a Minister Plenipotentiary of Italy at this capital has retarded the further correspondence, but it is not doubted that a friendly conclusion is attainable.

The

Some suggestions growing out of this unhappy incident are worthy the attention of Congress. It would, I believe, be entirely competent for Congress to make offences against the Treaty rights of foreigners domiciled in the United States cognizable in the Federal Courts. This has not, however, been done, and the Federal officers and Courts have no power in such cases to intervene either for the protection of a foreign citizen or for the punishment of his slayers. It seems to me to follow, in this state of the law, that the officers of the State charged with police and judicial powers in such cases must, in the consideration of international questions growing out of such incidents, be regarded in such sense as Federal agents as to make this Government answerable for their acts in cases where it would be answerable if the United States had used its constitutional power to define and punish crimes against Treaty rights.

The civil war in Chile, which began in January last, was continued, but fortunately with infrequent and not important armed collisions, until the 28th August, when the Congressional forces landed near Valparaiso, and after a bloody engagement captured

that city. President Balmaceda at once recognized that his cause was lost, and a Provisional Government was speedily established by the victorious party. Our Minister was promptly directed to recognize and put himself in communication with this Government so soon as it should have established its de facto character, which was done. During the pendency of this civil contest frequent indirect appeals were made to this Government to extend belligerent rights to the insurgents, and to give audience to their representatives. This was declined, and that policy was pursued throughout which this Government, when wrenched by civil war, so strenuously insisted upon on the part of European nations. The Itata, an armed vessel commanded by a naval officer of the insurgent fleet, manned by its sailors, and with soldiers on board, was seized under process of the United States' Court at San Diego, California, for a violation of our neutrality laws. While in the custody of an officer of the Court the vessel was forcibly wrested from his control, and put to sea. It would have been inconsistent with the dignity and self-respect of this Government not to have insisted that the Itata should be returned to San Diego to abide the judgment of the Court. This was so clear to the Junta of the Congressional party established at Iquique that, before the arrival of the Itata at that port, the Secretary of Foreign Relations of the Provisional Government addressed to Rear-Admiral Brown, commanding the United States' naval forces, a communication from which the following is an extract:

"The Provisional Government has learned by the cablegrams of the Associated Press that the transport Itata, detained in San Diego. by order of the United States for taking on board munitions of war, and in possession of the Marshal, left the port, carrying on board this official, who was landed at a point near the coast, and then continued her voyage. If this news be correct, this Government would deplore the conduct of the Itata, and, as an evidence that it is not disposed to support or agree to the infraction of the laws of the United States, the Undersigned takes advantage of the personal relations you have been good enough to maintain with him since your arrival in this port to declare to you that as soon as she is within reach of our orders his Government will put the Itata, with the arms and munitions she took on board in San Diego, at the disposition of the United States."

A trial in the District Court of the United States for the southern district of California has recently resulted in a decision holding, among other things, that, inasmuch as the Congressional party had not been recognized as a belligerent, the acts done in its interest could not be a violation of our neutrality laws. From this judgment the United States has appealed, not that the condemna