The herald and mail. [volume] (Columbia, Tenn.) 1873-188?, 1875-12-17


| sideration, practically abandoned its oblec
| ton to pay to the United States that share
of its revenue which, some years since, il
| allotted towards the eXtinguishment OF
claims of foreigners generally. In thus con-
| Slderlng its determination, that Government
! has shown just sense of self respect vi hich
cannot fail to reflect credit upon it in the
! eyes of all distinterested persons elsewhere.
| 1t is to be regretted that its payments on
| account of claims of citizens of the United
States are still so meagre in amount, and
! that the Stlpulations OF the treaty in regard
to sums to be paid, and the periods when
| these payments were to take place should
have been so signallv regarded. Since my
last annual message the exchange has been
made of the notification of q treaty of COM
merce and navigation with Belgium and of
conventions with the Mexican Republic for
the further extension of the Joint commits
sion respecting claims with the Hawaiian
Islands for commercial reciprocity, and with
the Ottoman Empire for extradition, all of
which have been duly proclaimed. The
Court of Commissioners of Alabama Claims
has prosecuted its important duties very
assiduously and very satisfactorily. 1t con-
vened and was organized on the 22d of July
1867, and by the terms of the act under
which it was created was to exist for. one year
from shat date. The act provided however,
that should it be found impracticabie to COM
plete the work of the court before the expir-
lamation, extend the time of its duration to
a period not more than six months beyond
the expiration of the one year. Having re-
ceived satisfactory evidence that ii would be
impracticable to complete the work in the
time originally fixed, | issued a proclama-
ton, a copy of which is presented herewith,
extending the time of. duration of the Court
for period of six months from and after
the 22d day of July last A report made
through the Clerk of the court, communi-
Gated herewith, shows the condition of the
calendar on the first of November last, and
the large amount of work which has been
accomplished. Thirteen hundred and eighty
two claims have been presented, of which
$50 had been disposed of up to the date of
the report. | am informed that 40 cases
were decided during the month of NOvem-
ber. Arguments are being made and de-
cislOns given in the remaining cases with all
the dispatch consistent with the proper set
tlement of the claims presented. Many of
these claims are in behalf of mariners,
depend on the evidence of mariners whose
absence has delayed taking the return.
Necessary evidence is presented to me that
it will be impracticable for the Court to
finally dispose of all the eases before it
within the present limits of its duration, in
justice to the parties claimed, who have
been at large expense in preparing their
claims and obtaining the evidence in their
support. He suggests short extension to
enable the Court to dispose of all the claims
which have been presented. l recommend
the legislation which may be deemed proper
to enable the Court TO complete the work be-
fore it. | recommend that provision be
made by the creation of q special Court or
hv conferring the necessary jurisdiction upon
some appropriate tribunal, for the consider
alton and determination of claims of aliens
against the government of the United States,
'hich have arisen within some reasonable
t142e or which may hereafter arise, excluding
all claims barred by treaty provisions or
otherwise.
1t has been found impossible to give proper consd-
Grafton to the claims by the Executive department
OF the Government. Subj tribunal would afford
opportunity 10 aliens other than British subjects
to present their claims on account OF acts committed
against their persons or property during the rebel
lion, also to those subjects of Great Britain whose
claims, having arisen subsequent TO the 9th day OF
April 1863 could not be presented 10 the late com-i
mission, organized pursuant to the provisions OF
the Treaty Of Washington.
The electric telegraph has become an essential and
indispensable agent in the transmission ef business
and social messages. Its operation on land and
within the limit Of the particular States is neces-
sity under the control of the jurisdiction within
which it operates. The lines the high seas, how
not subject To the particular control of any
one government. In 1869 concession granted
by the French Government TO a company which pro-
posed 10 lay cable from the shores of France to the
Chited olateS. AT tnAl TIME there was tele2raPhlc
between the United States and the
tnent Of Europe through the possessions of Great
Britain at either end OF the line The control OF an
association which had, large outlay of capital and
great risk demonstrated the pracicabity of main
tanning Such means Oi communication ana corTe-
spondence by this agency doubtless involved great
expense but possibly not too large at the time for a
proper remuneration Tor costly enterprise. 1t
was, however 4 heavy charge upon the means Of
which progress in the social and COM
merciaI iDtcrcours. of The world found 10 he n ne
cessity and the obtaining this French concession
showed that other capital than that already invested
was ready to enter into competition, with the ssIrr-
of adequate returns for their outlay Impressed
with the conviction that the interests not only of the
people of the United States, but the world at large,
demanded or would demand the multiplication of /
such means Of communication between separated /
was desirOus that the proposed con- /
nection should be made, but certain provisions of
This concession were deemed by me To be objection
lble particularly one which gave for long term of
years, exclusive right OF telegraphic communication
by submarine cable between the shores of France |
and the United States. l could not cOncede that /
my power should claim the right to land cable on
he shores the United States its citizens an
1aual right to land cable on its shores. The right
o control the conditions for the laying Of cables
within the iursdctona waters Of the United States
o connect our shores with those of any foreign
state pertains exclusively to the Government of the
United States, e. such conditions and limitations
Is Congress may impose. In the absence of legisla
ion by Congress- was unwilling on the one hand
o yield to iereign State the right to say that its
grantees might land on our shore, while il denied
miaT right to our people to land on its shores, ON
he other hand ! reluctant to deny to the great
interests of the world, and OF civilization, the aci
les OF such communications as were proposed l
therefore withheld resistance to the landing Of any
able on the condition that the offensive monopoly
eature of the concession would he abandoned and
hat the right of any cable which may be established
" the authority of this Government to land on
French territory and to connect with French land
ines, and enjoy the necessary facilities privileges
Incident to the use thereof, upon favorable terms
Is any other company, be conceded a result there
usive privileges, and the representative of France
vas informed that the UNDERSTANDING this relinqush-
nent was to be construed granting entire necproc
ty and equal facilities of which it had been de-
handed by the opposition to the landing of the ca
be, was Withdrawn. The cable under this French
oncss1on, was landed IN the month OF July, 1869,
md has been an effcena and valuable agent OF COM
between this country and the other
inent. 1t soon passed under the control of those
who had the management Of the cable connecting /
treat Britain with this continent and thus what
,vcr benefit to the spublic might have issued from
competition between the two lines was lost having
greater facilities OF additional lines and additional
security of accident to one of them but thes,
increased facilities, and this, together with the
Dined control of capital the two companies gave also
reater power to prevent the future construction of
ither lines, and to limit the control OF other lines OF
eIegraPmc communication between the continents
% those possessing lines already laid Within few
months cable has been laid, known as the United !
states Direct Cable, connecting the United States |
directly with Great Britain. As soon this cable |
reported to be in working ORDER the rates OF the
existing consolidated companies were greatly re /
luced. Soon, however, break was announced in |
he cable, and Immediately the rates OF the other
inc, which had been reduced, were again raised.
This cable being repaired, the rates appear not |
% be reduced by either line from that formerly /
,hargcd by the other company. There is no reason |
lomc and abroad, ready to seek profitable invest
nent in the advancement Of this useful and most |
They await, however, the assurance of the means |
md conditions on which they may safely be made !
tributary to the good As these cable telegraph |
ines connect separate States, there are questions
o their organization and control which probably
)e best, if not solely, settled by convention be-
ween the respective States. In the absence, how I
,ver OF international conventions on the subject,
municipal legislation may secure many points which /
ippear to me important, II not Indispensable, for
he protection OF the public against the eXtOrtiOns
which may result from a monopoly of the right op-
rating cable kilograms, or from combination be
ween several lines.
l. No line should be allowed to land on the shores
# the United States, under the concession from IN
,ther power which does not admit the right OF any
,ther line lines formed in the United States To
and and freely connect with and operate through |
and lines.
2 No line should he allowed to land on the shores
# the United States which is not by treaty stipula
ion with the Government from whose shores il pro-
eeds or by prohibition in its charter otherwise,
q the satisfaction Of this Government, prohib
rom consolidating matchmaking with any other !
able telegraph line combining Herewith for the
purpose OF regulating and maintaining the coil of I
communication.
3. All lines should be bound 10 give precedence in
he transmission OF the official messages OF the Gov
rnments of the two countries between which it may
,e laid.
(. A power should be reserved to the two Govern
nents, either eoniointy or to each, regards the