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State of the Union Addresses of William McKinley

W >> William McKinley >> State of the Union Addresses of William McKinley




President Harrison in his annual message of December 3, 1889, says: Earnest
attention should be given by Congress to a consideration of the question
how far the restraint of those combinations of capital commonly called 11
trusts" is matter of Federal jurisdiction. When organized, as they often
are, to crush out all 'healthy competition and to monopolize the production
or sale of an article of commerce and general necessity they are dangerous
conspiracies against the public good, and should be made the subject of
prohibitory and even penal legislation. An act to protect trade and
commerce against unlawful restraints and monopolies was passed by Congress
on the 2d of July, 1890. The provisions of this statute are comprehensive
and stringent. It declares every contract or combination, in the form of a
trust or otherwise, or conspiracy in the restraint of trade or commerce
among the several States or with foreign nations, to be unlawful. It
denominates as a criminal every person who makes any such contract or
engages in any such combination or conspiracy, and provides a punishment by
fine or imprisonment. It invests the several circuit courts of the United
States with jurisdiction to prevent and restrain violations of the act, and
makes it the duty of the several United States district attorneys, under
the direction of the Attorney General, to institute proceedings in equity
to prevent and restrain such violations. It further confers upon any person
who shall be injured in his business or property by any other person or
corporation by reason of anything forbidden or declared to be unlawful by
the act, the power to sue therefore in any circuit court of the United
States without respect to the amount in controversy, and to recover
threefold the damages by him sustained and the costs of the suit, including
reasonable attorney fees. It will be perceived that the act is aimed at
every kind of combination in the nature of a trust or monopoly in restraint
of interstate or international commerce.

The prosecution by the United States of offenses under the act of 1890 has
been frequently resorted to in the Federal courts, and notable efforts in
the restraint of interstate commerce, such as the Trans-Missouri Freight
Association and the joint Traffic Association, have been successfully
opposed and suppressed.

President Cleveland in his annual message of December 7, 1896 -- more than
six years subsequent to the enactment of this law -- after stating the
evils of these trust combinations, says: Though Congress has attempted to
deal with this matter by legislation, the laws passed for that purpose thus
far have proved ineffective, not because of any lack of disposition or
attempt to enforce them, but simply because the laws themselves as
interpreted by the courts do not reach the difficulty. If the
insufficiencies of existing laws can be remedied by further legislation, it
should be done. The fact must be recognized, however, that all Federal
legislation on this subject may fall short of its purpose because of
inherent obstacles, and also because of the complex character of our
governmental system, which, while making the Federal authority supreme
within its sphere, has carefully limited that sphere by metes and bounds
which cannot be transgressed. The decision of our highest court on this
precise question renders it quite doubtful whether the evils of trusts and
monopolies may be adequately treated through Federal action, unless they
seek directly and purposely to include in their objects transportation or
intercourse between States or between the United States and foreign
countries. It does not follow, however, that this is the limit of the
remedy that may be applied. Even though it may be found that Federal
authority is not broad enough to fully reach the case, there can be no
doubt of the power of the several States to act effectively in the
premises, and there should be no reason to doubt their willingness to
judiciously exercise such power. The State legislation to which President
Cleveland looked for relief from the evils of trusts has failed to
accomplish fully that object. This is probably due to a great extent to the
fact that different States take different views as to the proper way to
discriminate between evil and injurious combinations and those associations
which are beneficial and necessary to the business prosperity of the
country. The great diversity of treatment in different States arising from
this cause and the intimate relations of all parts of the country to each
other without regarding State lines in the conduct of business have made
the enforcement of State laws difficult.

It is apparent that uniformity of legislation upon this subject in the
several States is much to be desired. It is to be hoped that such
uniformity founded in a wise and just discrimination between what is
injurious and what is useful and necessary in business operations may be
obtained and that means may be found for the Congress within the
limitations of its constitutional power so to supplement an effective code
of State legislation as to make a complete system of laws throughout the
United States adequate to compel a general observance of the salutary rules
to which I have referred.

The whole question is so important and far-reaching that I am sure no part
of it will be lightly considered, but every phase of it will have the
studied deliberation of the Congress, resulting in wise and judicious
action.

A review of our relations with foreign States is presented with such
recommendations as are deemed appropriate.

The long-pending boundary dispute between the Argentine Republic and Chile
was settled in March last by the award of an arbitral commission, on which
the United States minister at Buenos Ayres served as umpire.

Progress has been made toward the conclusion of a convention of extradition
with the Argentine Republic. Having been advised and consented to by the
United States Senate and ratified by Argentina, it only awaits the
adjustment of some slight changes in the text before exchange.

In my last annual message I adverted to the claim of the Austro-Hungarian
Government for indemnity for the killing of certain Austrian and Hungarian
subjects by the authorities of the State of Pennsylvania, at Lattimer,
while suppressing an unlawful tumult of miners, September 10, 1897. In view
of the verdict of acquittal rendered by the court before which the sheriff
and his deputies were tried for murder, and following the established
doctrine that the Government may not be held accountable for injuries
suffered by individuals at the hands of the public authorities while acting
in the line of duty in suppressing disturbance of the public peace, this
Government, after due consideration of the claim advanced by the
Austro-Hungarian Government, was constrained to decline liability to
indemnify the sufferers.

It is gratifying to be able to announce that the Belgian Government has
mitigated the restrictions on the importation of cattle from the United
States, to which I referred in my last annual message.

Having been invited by Belgium to participate in a congress, held at
Brussels, to revise the provisions of the general act Of July 2, 1890, for
the repression of the African slave trade, to which the United States was a
signatory party, this Government preferred not to be represented by a
plenipotentiary, but reserved the right of accession to the result. Notable
changes were made, those especially concerning this country being in the
line of the increased restriction of the deleterious trade in spirituous
liquors with the native tribes, which this Government has from the outset
urgently advocated. The amended general act will be laid before the Senate,
with a view to its advice and consent.

Early in the year the peace of Bolivia was disturbed by a successful
insurrection. The United States minister remained at his post, attending to
the American interests in that quarter, and using besides his good offices
for the protection of the interests of British subjects in the absence of
their national representative. On the establishment of the new Government,
our minister was directed to enter into relations therewith.

General Pando was elected President of Bolivia on October 23.

Our representative has been instructed to use all permissible friendly
endeavors to induce the Government of Bolivia to amend its marriage laws so
as to give legal status to the non-Catholic and civil marriages of aliens
within its jurisdiction, and strong hopes are entertained that the Bolivian
law in this regard will be brought, as was that of Peru some years ago,
into harmony with the general practice of modern States.

A convention of extradition with Brazil, signed May 14, 1897, has been
rati6ed by the Brazilian Legislature.

During the past summer two national ships of the United States have visited
Brazilian ports on a friendly mission and been cordially received. The
voyage of the Wilininglon up the Amazon River gave rise to a passing
misunderstanding, owing to confusion in obtaining permission to visit the
interior and make surveys in the general interest of navigation, but the
incident found a ready adjustment in harmony with the close relations of
amity which this Government has always sedulously sought to cultivate with
the commonwealths of the Western Continent.

The claim growing out of the seizure of the American-owned newspaper "The
Panama Star and Herald" by the authorities of Colombia has been settled,
after a controversy of several years, by an agreement assessing at $30,000
the indemnity to be paid by the Colombian Government, in three installments
of $10,000 each.

The good will of Colombia toward our country has been testified anew by the
cordial extension of facilities to the Nicaraguan Canal Commission in their
approaching investigation of the Panama Canal and other projected routes
across the Isthmus of Darien.

Toward the end of October an insurrectionary disturbance developed in the
Colombian Republic. This movement has thus far not attained any decisive
result and is still in progress.

Discussion of the questions raised by the action of Denmark in imposing
restrictions on the importation of American meats has continued without
substantial result in our favor.

The neighboring island Republic of Santo Domingo has lately been the scene
of revolution, following a long period of tranquility. It began with the
killing of President Heureaux in July last, and culminated in the
relinquishment by the succeeding Vice-President of the reins of government
to the insurgents. The first act of the provisional government was the
calling of a presidential and constituent election. Juan Isidro Jimenez,
having been elected President, was inaugurated on the 14th of November.
Relations have been entered into with the newly established Government.

The experimental association of Nicaragua, Honduras, and Salvador, tinder
the title of the Greater Republic of Central America, when apparently on
the threshold of a complete federal organization by the adoption of a
constitution and the formation of a national legislature, was disrupted in
the last days of November, 1898, by the withdrawal of Salvador. Thereupon
Nicaragua and Honduras abandoned the joint compact, each resuming its
former independent sovereignty. This was followed by the reception of
Minister Merry by the Republics of Nicaragua and Salvador, while Minister
Hunter in turn presented his credentials to the Government of Honduras,
thus reverting to the old distribution of the diplomatic agencies of the
United States in Central America for which our existing statutes provide. A
Nicaraguan envoy has been accredited to the United States.

An insurrectionary movement, under General Reyes, broke out at Eluefields
in February last, and for a time exercised actual control in the Mosquito
Territory. The Detroit was promptly sent thither for the protection of
American interests. After a few weeks the Reyes government renounced the
conflict, giving place to the restored supremacy of Nicaragua. During the
interregnum certain public dues accruing under Nicaraguan law were
collected from American merchants by the authorities for the time being in
effective administrative control. Upon the titular government regaining
power, a second payment of these dues was demanded. Controversy arose
touching the validity of the original payment of the debt to the de facto
regent of the territory. An arrangement was effected in April last by the
United States minister and the foreign secretary of Nicaragua whereby the
amounts of the duplicate payments were deposited with the British consul
pending an adjustment of the matter by direct agreement between the
Governments of the United States and Nicaragua. The controversy is still
unsettled.

The contract of the Maritime Canal Company of Nicaragua was declared
forfeited by the Nicaraguan Government on the Tenth of October, on the
ground of nonfulfillment within the ten years' term stipulated in the
contract. The Maritime Canal Company has lodged a protest against this
action, alleging rights in the premises which appear worthy of
consideration. This Government expects that Nicaragua will afford the
protestants a full and fair hearing upon the merits of the case.

The Nicaragua Canal Commission, which bad been engaged upon the work of
examination and survey for a ship-canal route across Nicaragua, having
completed its labors and made its report, was dissolved on May P, and on
June To a new commission, known as the Isthmian Canal Commission, was
organized under the terms of the act approved March 3, 1899, for the
purpose of examining the American Isthmus with a view to determining the
most practicable and feasible route for a ship canal across that Isthmus,
with its probable cost, and other essential details.

This Commission, under the presidency of Rear-Admiral John G. Walker, U. S.
N. (retired), entered promptly upon the work intrusted to it, and is now
carrying on examinations in Nicaragua along the route of the Panama Canal,
and in Darien from the Atlantic, in the neighborhood of the Atrato River,
to the Bay of Panama, on the Pacific side. Good progress has been made, but
under the law a comprehensive and complete investigation is called for,
which will require much labor and considerable time for its accomplishment.
The work will be prosecuted as expeditiously as possible and a report made
at the earliest practicable date.

The great importance of this work cannot be too often or too strongly
pressed upon the attention of the Congress. In my message of a year ago I
expressed my views of the necessity of a canal which would link the two
great oceans, to which I again invite your consideration. The reasons then
presented for early action are even stronger now.

A pleasing incident in the relations of this Government with that of Chile
occurred in the generous assistance given to the war ship Newark when in
distress in Chilean waters. Not alone in this way has the friendly
disposition of Chile found expression. That country has acceded to the
convention for the establishment of the Bureau of the American Republics,
in which organization every independent State of the continent now shares.

The exchange of ratifications of a convention for the revival of the United
States and Chilean Claims Commission and for the adjudication of claims
heretofore presented but not determined during the life of the previous
Commission has been delayed by reason of the necessity for fresh action by
the Chilean Senate upon the amendments attached to the ratification of the
treaty by the United States Senate. This formality is soon to be
accomplished.

In view of disturbances in the populous provinces of northern China, where
are many of our citizens, and of the imminence of disorder near the capital
and toward the seaboard, a guard of marines was landed from the Boston and
stationed during last winter in the legation compound at Peking. With the
restoration of order this protection was withdrawn.

The interests of our citizens in that vast Empire have not been neglected
during the past year. Adequate protection has been secured for our
missionaries and some injuries to their property have been redressed.

American capital has sought and found various opportunities of competing to
carry out the internal improvements which the Imperial Government is wisely
encouraging, and to develop the natural resources of the Empire. Our trade
with China has continued to grow, and our commercial rights under existing
treaties have been everywhere maintained during the past year, as they will
be in the future.

The extension of the area open to international foreign settlement at
Shanghai and the opening of the ports of Nanking, Tsing-tao (Kiao chao),
and Ta-lien-wan to foreign trade and settlement will doubtless afford
American enterprise additional facilities and new fields, of which it will
not be slow to take advantage.

In my message to Congress of December 5, 1898, 1 urged that the
recommendation which had been made to the Speaker of the House of
Representatives by the Secretary of the Treasury on the 14th of June, z898,
for an appropriation for a commission to study the commercial and
industrial conditions in the Chinese Empire and report as to the
opportunities for, and obstacles to, the enlargement of markets in China
for the raw products and manufactures of the United States, should receive
at your hands the consideration which its importance and timeliness
merited, but the Congress failed to take action.

I now renew this recommendation, as the importance of the subject has
steadily grown since it was first submitted to you, and no time should be
lost in studying for ourselves the resources of this great field for
American trade and enterprise.

The death of President Faure in February last called forth those sincere
expressions of sympathy which befit the relations of two Republics as
closely allied by unbroken historic ties as are the United States and
France.

Preparations for the representation of the industries, arts, and products
of the United States at the World's Exposition to be held in Paris next
year continue on an elaborate and comprehensive scale, thanks to the
generous appropriation provided by Congress and to the friendly interest
the French Government has shown in furthering a typical exhibit of American
progress.

There has been allotted to the United States a considerable addition of
space, which, while placing our country in the first rant among exhibitors,
does not suffice to meet the increasingly urgent demands of our
manufacturers. The efforts of the Commissioner General are ably directed
toward a strictly representative display of all that most
characteristically marks American achievement in the inventive arts, and
most adequately shows the excellence of our natural productions.

In this age of keen rivalry among nations for mastery in commerce, the
doctrine of evolution and the rule of the survival of the fittest must be
as inexorable in their operation as they are positive in the results they
bring about. The place won in the struggle by an industrial people can only
be held by unrelaxed endeavor and constant advance in achievement. The
present extraordinary impetus in every line of American exportation and the
astounding increase in the volume and value of our share in the world's
markets may not be attributed to accidental conditions.

The reasons are not far to seek. They lie deep in our national character
and find expression year by year in every branch of handicraft, in every
new device whereby the materials we so abundantly produce are subdued to
the artisan's will and made to yield the largest, most practical, and most
beneficial return. The American exhibit at Paris should, and I am confident
will, be an open volume, whose lessons of skillfully directed endeavor,
unfaltering energy, and consummate performance may be read by all on every
page, thus spreading abroad a clearer knowledge of the worth of our
productions and the justice of our claim to an important place in the marts
of the world. To accomplish this by judicious selection, by recognition of
paramount merit in whatever walk of trade or manufacture it may appear, and
by orderly classification and attractive installation is the task of our
Commission.

The United States Government building is approaching completion, and no
effort will be spared to make it worthy, in beauty of architectural plan
and in completeness of display, to represent our nation. It has been
suggested that a permanent building of similar or appropriate design be
erected on a convenient site, already given by the municipality, near the
exposition grounds, to serve in commemoration of the part taken by this
country in this great enterprise, as an American National Institute, for
our countrymen resorting to Paris for study.

I am informed by our Commissioner-General that we shall have in the
American sections at Paris over 7,000 exhibitors, from every State ill our
country, a number ten times as great as those which were represented at
Vienna in 1873, six times as many as those in Paris in 1878, and four times
as many as those who exhibited in Paris in 1889. This statement does not
include the exhibits from either Cuba, Puerto Rico, or Hawaii, for which
arrangements have been made.

A number of important international congresses on special topics affecting
public interests are proposed to be held in Paris next summer in connection
with the exposition. Effort will be made to have the several technical
branches of our administration efficiently represented at those
conferences, each in its special line, and to procure the largest possible
concourse of State representatives, particularly at the Congresses of
Public Charity and Medicine.

Our relations with Germany continue to be most cordial. The increasing
intimacy of direct association has been marked during the year by the
granting permission in April for the landing on our shores of a cable from
Borkum Emden, on the North Sea, by way of the Azores, and also by the
conclusion on September 2 of a Parcels Post Convention with the German
Empire. In all that promises closer relations of intercourse and commerce
and a better understanding between two races having so many traits in
common, Germany can be assured of the most cordial cooperation of this
Government and people. We may be rivals in many material paths, but our
rivalry should be generous and open, ever aiming toward the attainment of
larger results and the mutually beneficial advancement of each in the line
of its especial adaptabilities.

The several governments of the Empire seem reluctant to admit the natural
excellence of our food productions and to accept the evidence we constantly
tender of the care with which their purity is guarded by rigid inspection
from the farm, through the slaughterhouse and the packing establishments,
to the port of shipment. Our system of control over exported food staples
invites examination from any quarter and challenges respect by its
efficient thoroughness.

It is to be hoped that in time the two Governments will act in common
accord toward the realization of their common purpose to safeguard the
public health and to insure the purity and wholesomeness of all food
products imported by either country from the other. Were the Congress to
authorize an invitation to Germany, in connection with the pending
reciprocity negotiations, for the constitution of a joint commission of
scientific experts and practical men of affairs to conduct a searching
investigation of food production and exportation in both countries and
report to their respective legislatures for the adoption of such remedial
measures as they might recommend for either, the way might be opened for
the desirable result indicated.

Efforts to obtain for American life insurance companies a full hearing as
to their business operations in Prussia have, after several years of
patient representation, happily succeeded, and one of the most important
American companies has been granted a concession to continue business in
that Kingdom.

I am also glad to announce that the German insurance companies have been
readmitted by the superintendent of insurance to do business in the State
of New York.

Subsequent to the exchange of our peace treaty with Spain, Germany acquired
the Caroline Islands by purchase, paying therefore $5,000,000. Assurances
have been received from the German Government that the rights of American
missionaries and traders there will be considerately observed.

In my last annual message I referred to the pending negotiations with Great
Britain in respect to the Dominion of Canada. By means of an executive
agreement, a joint High Commission had been created for the purpose of
adjusting all unsettled questions between the United States and Canada,
embracing twelve subjects, among which were the questions of the fur seals,
the fisheries of the coast and contiguous inland waters, the Alaskan
boundary, the transit of merchandise in bond, the alien labor laws, mining
rights, reciprocity in trade, revision of the agreement respecting naval
vessels in the Great Lakes, a more complete marking of parts of the
boundary, provision for the conveyance of criminals, and for wrecking and
salvage.

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