*

to depart. On May 7 the schooner David J. Adams was seized for remaining twenty-four hours in a Canadian port without reporting to the custom house and for buying bait; several other American ships were also seized on the same pretext.

The actions of the Canadian authorities finally became so hostile that Congress passed a bill which was signed by the President March 3, 3, 1887, giving the President power to retaliate against Canada by refusing her vessels admission to our ports and by excluding her products from our territory. Correspondence between Secretary Bayard and the English and Canadian governments ensued, and at length a joint commission was suggested to discuss the whole question. The proposal was agreeable and commissioners were appointed to meet at Washington. Mr. William L. Putnam, of Maine, and President Angell, of the University of Michigan, acting with Secretary Bayard, represented the United States. Mr. Joseph Chamberlain, and Sir Lionel Sackville-West, the British minister, represented Great Britain and Sir Charles Tupper, Canada. The commission met on Tuesday, November 22, 1887. The negotiations were kept secret and were protracted, but a conclusion satisfactory to all was finally reached, and on February 15, 1888, the proposed treaty was signed. On the 20th

Elliott, Northeastern Fisheries, pp. 91-92.
McPherson, Handbook of Politics, 1888, pp.

38-42.

The text is given in Snow, Treaties and Topics, pp. 461-467.

it was forwarded by the President to the Senate, with a message* suggesting that it was advisable to publish the text of the treaty as soon as possible. The Senate, accepting the challenge, gave the treaty to the press, and on May 28 the debate began in open session. The chief clauses stipulated that the contracting parties should appoint a mixed commission of four to delimit the British waters, bays, creeks, and harbors of the coast of Canada and Newfoundland, and to define the regulations to which United States vessels entering such waters must conform. The debate was continued until August 21, 1888, when the treaty was rejected by 30 votes to 27.†

Pending action by the Senate a modus vivendi was agreed upon,‡ February 15, 1888, which remained in force by renewal for nearly 18 years:

"1. For a period not exceeding two years from the present date, the privilege of entering the bays and harbors of the Atlantic coasts of Canada and Newfoundland shall be granted to the United States fishing vessels by annual licenses at a fee of $1.50 per ton for the following purposes:

The purchase of bait, ice, seines, lines, and all other supplies and outfits.

'Transhipment of catch and shipping of crews.'

"2. If, during the continuance of this arrange ment, the United States should remove the duties

* Richardson, Messages and Papers, vol. viii., pp. 603-607.

McPherson, Handbook of Politics, 1888, pp. 114-122, 192-193; Andrews, Last QuarterCentury, vol. ii., pp. 118-125. See also Sherman, vol. ii., pp. 1015-1021; Whittle's Cleveland, pp. 108-122. For Cleveland's message of August 23, 1888, suggesting retaliation against Canada for her treatment of our fishermen see G. F. Parker, Writings and Speeches of Grover Cleveland, pp. 501-511; Richardson, Messages and Papers, vol. viii., pp. 620-627.

Snow, Treaties and Topics, p. 467.

on fish, fish oil, whale and seal oil (and their coverings, packages, etc.), the said licenses shall be issued free of charge.

3. United States fishing vessels entering the bays and harbors of the Atlantic coast of Canada or of Newfoundland for any of the four purposes mentioned in Article 1 of the convention of October 20, 1818, and not remaining therein more than twenty-four hours, shall not be required to enter or clear at the custom house, providing they do not communicate with the shore.

"4. Forfeiture to be exacted only for the offenses of fishing or preparing to fish in territorial waters.

5. This arrangement to take effect as soon as the necessary measures can be completed by the Colonial authorities."

But with the improved methods of transporting perishable foods by freezing, the American fishermen found that they would not be compelled to touch at Canadian ports; furthermore the Americans almost entirely abandoned the inshore codfishery of Canada and resorted to the Banks. The necessity of coming into conflict with the Canadian fisheries was thus to a great extent obviated, and the stubborn quarrel was settled for many years.

The Samoan dispute now came up for settlement. The Samoan Islands, which lie in the central part of the Pacific Ocean, had been a bone of contention for many years. American missionaries were the first to attempt the Christianization of the natives, and until the beginning of the last quarter of the Nineteenth century the trade was exclusively in the hands of American and English commercial houses. In 1872 Commodore Meade

* Henderson, American Diplomatic Questions, pp. 519-529; Moore, American Diplomacy, pp. 96-97.

VOL. X-3

29

made an agreement with the Samoans by which they ceded to the United States the harbor of Pago Pago. President Grant submitted the agreement to the Senate* but that body took no action upon it. About that time. civil war broke out among the various native competitors for the kingship and some German business houses began to curry favor with the natives in order to establish themselves. They sold arms to all the belligerents, and were paid in concessions of land. In 1873 the islands petitioned to be taken under the protection of the United States, and in 1877 a similar petition was addressed to the government of Great Britain.|| Both powers declined. But on January 17, 1878, a treaty between Samoa and the United States was signed, one of the clauses of which was as follows:

"If, unhappily, any differences should have arisen, or should hereafter arise between the Samoan Government and any other Government in amity with the United States, the Government of the latter will employ its good offices for the purpose of adjusting these differences upon a satisfactory and solid foundation."

The Samoans also made treaties of similar nature with England (August 28, 1879) and Germany (January 24, 1879) granting to each exclusive rights

* Richardson, Messages and Papers, vol. vii., p. 168.

Callahan, American Relations in the Pacific and the Far East, p. 136. Ibid, p. 137.

For the history of the dispute see Henderson, American Diplomatic Questions, pp. 209-215; Senate Ex. Doc. No. 43, 43d Congress, 1st session; House Ex. Doc. No. 161, 44th Congress, 1st session; House Ex. Doc. No. 44, 44th Congress, 2d session.

in certain harbors for naval and coaling stations. But the Samoans were more generous with the Germans, for they "granted to the energetic German representative concessions that appeared to be incompatible with the favored nation clause of the American treaty.

In 1884 Germany and Great Britain mutually agreed to respect the independence of Samoa, for the King of Samoa appealed to Great Britain for protection and alleged that the German treaty had been concluded under duress. In 1884 the unhappy Samoans, unable to secure just treatment from any of the great powers, voted to annex their island to New Zealand; but Great Britain forbade the consummation of this arrangement. The Germans continued their high-handed proceedings and the German consulgeneral went so far as to hoist the German flag at Mulinuu, January 23, 1885; but this act was disavowed by the German emperor.

The king of Samoa most generally recognized was Malietoa Talavoa and the treaties had been made with him. Talavoa died on November 7, 1880, and in March, 1881, Malietoa Laupepa, the vice-king, was appointed king. He proved too upright for the Germans, and they began a series of intrigues with a rival chief and the then viceking, Tamasese. They finally induced him to embroil the islands in another civil war, to the great detriment of

*Henderson, American Diplomatic Questions, p. 216; House Ex. Doc. No. 238, 50th Congress, 1st session.

American interests.* interests.* On May 14, 1886, the American consul at Apia (Greenebaume) hoisted the American flag and proclaimed a protectorate over Apia, an event which further complicated matters.†

In 1886, President Cleveland called the attention of Congress to the deplorable condition of the islands. He wrote: "Civil perturbations in the Samoan Islands have, during the last few years, been a source of considerable embarrassment to three Governments - Germany, Great Britain, and the United States-whose relations and extra-territorial rights in that important group are guaranteed by treaties." He said that the three governments had sent special agents to examine and report on the situation in the islands, and hoped that this "" change in the representation of all three powers and an harmonious understanding" would secure the peace, prosperity, autonomous administration and neutrality

of Samoa."

of Samoa." Upon receiving the reports of their agents, the diplomatic representatives of the three governments signed a declaration that these three powers did not recognize Tamasese as king.||

* Snow, Treaties and Topics, pp. 398-405; Henderson, American Diplomatic Questions, pp. 217–

226.

Foster, American Diplomacy in the Orient,

p. 390.

See In his annual message of December 6. Richardson, Messages and Papers, vol. viii., pp. 503-504.

See the report of John B. Thurston, the British commissioner, House Ex. Doc. No. 238, 50th Congress, 1st session, extracts of which are given in Snow, Treaties and Topics, pp. 398-406.

The United States now insisted that Great Britain and Germany enter a conference for the purpose of drafting a new treaty guaranteeing the independence of Samoa, using as a basis the report of the three agents abovementioned. A conference between delegates from the three powers interested was held at Washington in June and July, 1887. The German delegate proposed that a foreign advisor should control the government of the islands for a term of five years, and that this advisor be nominated by the power having the largest material interests in Samoa. Mr. Bayard made a counter proposition supreme authority in the hands of the king, the vice-king, and three foreigners, one from each of the great powers. No agreement could be reached, and on July 26th, the conference was suspended, but not abrogated.* As President Cleveland's term of office was now nearly at an end, the renewal of the conference did not take place till President Harrison had been inaugurated and Mr. Blaine had become Secretary of State.

to place the to place the

On April 29, 1889, the suspended conference was resumed at Berlin, the representatives of Germany being

The report of the American representative, George H. Bates, is given in Foreign Relations for 1889, p. 237 et seq., and in House Ex. Doc. No. 238, 50th Congress, 1st session, the German version by Travers being also found in the same volume. Robert Louis Stevenson's Foot-note to History, pp. 1-243, contains some interesting facts regarding the early part of the Samoan imbroglio.

* Henderson, American Diplomatic Questions, pp. 228-232; Foster, American Diplomacy, p. 391; Snow, Treaties and Topics, pp. 407-409.

31

Count Herbert Bismarck Holstein and Dr. R. Krauel; of Great Britain, Sir Edward Malet, J. C. Crowe and Mr. Charles S. Scott; and of the United States, Mr. John A. Kasson, of Iowa, Mr. George H. Bates, and Mr. William W. Phelps, assisted by Consul Sewall and Lieutenants Buckingham and Parker. The result of this conference was a declaration by the three powers of the independence of the islands, and the creation of a supreme court to decide all disputes respecting titles to land. Malietoa was also restored to his station. The treaty, after being signed by King Malietoa and the British, German and American consuls, was duly ratified, exchanges being made at Berlin, April 12, 1890, and the treaty proclaimed May 21, 1890.* This treaty continued in force until abrogated by the treaty of December 2, 1899.

But before the conference met, disaster had overtaken the ships of war of Great Britain, Germany and the United States lying in the harbor of Apia. A furious storm broke over the islands on March 15, and wrecked the majority of vessels lying in the harbor. The Trenton and Vandalia (U. S.) became total wrecks, as did the Adler

For the treaty see Snow, Treaties and Topics, pp. 417-422; Foreign Relations, 1889, p. 353; McPherson, Handbook of Politics, 1890, pp. 9197; Henderson, American Diplomatic Questions, pp. 250-257. See also Hamilton's Blaine, pp. 655-659; Foreign Relations, 1889, pp. 179-423; House Ex. Doc. No. 238, 50th Congress, 1st session; Senate Ex. Docs. Nos. 31, 68, 102; House Ex. Docs. Nos. 118, 119, 50th Congress, 2d session; Callahan, American Relations in the Pacific, p. 144.

and Eber (German), but the Nipsic (U. S.) and the Olga (German), escaped with little damage. The Calliope (British) succeeded in gaining open water and suffered no damage. This incident, however, had no effect on the outcome of the conference.

Other events had also taken place during these years.

In 1886, the statue, "Liberty Enlightening the World" by Bartholdi, was transferred to the United States by France. The cost of the statue was defrayed by public subscription throughout France and the pedestal on which the figure stands was completed by popular subscription in America. The statue, which stands in New York harbor, facing the east, is 151 feet high. It is a draped female figure crowned by a diadem, holding a tablet close to the body in the left hand, and a torch in the uplifted right hand, and standing upon a square pedestal 155 feet high, built of granite and concrete.

In 1886, the government made a strenuous effort to put an end to the practice of polygamy in Utah and many Mormons were tried and convicted, but the results of these efforts were not very far reaching. Several violent outbreaks occurred which were put down by United States troops. In 1887, Congress passed (the Senate, February 18, by a vote of 37 to 13, the House on the 17th, 203 to 40) an anti-polygamy bill known as

the Edmunds-Tucker Act, which dissolved the Mormon Church as a corporate body and confiscated all its property in excess of $50,000 devoting it to public use.*

During the night of August 31, 1886, the eastern portion of the United States was shaken by an earthquake, the heaviest shocks centering in and around Charleston, South Carolina. The city suffered a loss of property to the value of $8,000,000 and about 65 persons were killed. The

*For the history of these bills see McPherson, Handbook of Politics, 1882, pp. 51-56; 1884, pp. 179-185; 1886, pp. 166-174; 1888, pp. 33-38. In 1889 the Supreme Court rendered a decision in the case of Mormon Church vs. U. S. (136 U. S. 1, 42, 44) in which it said that the power of Congress over the territories is general and plenary; that the power to acquire territory is derived from the treaty-making power; and that a territory once acquired "Congress may legislate directly for its local government and has full and complete legislative authority over its people." In another Utah case (Murphy vs. Ram

*

*

sey, 114 U. S. 44), Mr. Justice Matthews said: "The People of the United States are sovereign owners of the national territories and have supreme power over them and their inhabitants. But in ordaining government for the territories and the people inhabiting them, all the discretion which belongs to the legislative power is vested in Congress. * * It rests with Congress to say whether in a given case any of the people resident in the territory shall participate in the election of its offices or the making of its laws; and it may, therefore, take from them any rights of suffrage it may previously have conferred, or at any time modify or abridge it as it may deem expedient. The personal and civil rights of the inhabitants of the territories are secured to them, as to other citizens, by the principle of constitutional liberty, which restrains the agencies of government, state and national. Their political rights are franchises which they hold as privileges under the legisla tive discretion of the Congress of the United States." For limitations on Congress see also Downes vs. Bidwell, 182 U. S. Reports, 244 (1901).

*