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Title: A Compilation of the Messages and Papers of the Presidents - Volume 7, part 1: Ulysses S. Grant
Author: Richardson, James D. (James Daniel), 1843-1914
Language: English
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*** Start of this LibraryBlog Digital Book "A Compilation of the Messages and Papers of the Presidents - Volume 7, part 1: Ulysses S. Grant" ***
A COMPILATION OF THE MESSAGES AND PAPERS OF THE PRESIDENTS
BY JAMES D. RICHARDSON
A REPRESENTATIVE FROM THE STATE OF TENNESSEE
VOLUME VII
ULYSSES S. GRANT
Prefatory Note
The election of General Grant to the Presidency by the people of the
United States was another instance illustrating the gratitude of a
republic to a successful soldier. But for the great civil war no one
supposes he would ever have been elevated to this exalted post. His
services in that heroic struggle were such as to win the highest
encomiums from his countrymen, and naturally at the first opportunity
after the closing of the war when a Chief Executive was to be chosen
they turned their eyes to the most conspicuous figure in that war and
made him President of the United States. This volume, the seventh of the
series, comprises his eight years and the four years of his successor,
Mr. Hayes. During this period of twelve years--that is, from March 4,
1869, to March 4, 1881--the legislation for the restoration of the
Southern States to their original positions in the Union was enacted,
the reunion of the States was perfected, and all sections of the land
again given full and free representation in Congress. Much of the
bitterness engendered by the war, and which had been left alive at its
closing, and which was not diminished to any appreciable extent during
President Johnson's term, was largely assuaged during President Grant's
Administration, and under that of President Hayes was further softened
and almost entirely dissipated.
It will be seen that President Grant in his papers dwelt especially
upon the duty of paying the national debt in gold and returning to
specie payments; that he urged upon Congress a proposition to annex
Santo Domingo; that during his Administration the "Quaker Peace
Commission" was appointed to deal with the Indians, the fifteenth
amendment to the Constitution of the United States was proclaimed, the
treaty of Washington was negotiated, and, with a subsequent arbitration
at Geneva, a settlement was provided of the difficulties relating to the
Alabama claims and the fisheries; that in 1870 and frequently afterwards
he urged upon Congress the need of reform in the civil service. His
appeals secured the passage of the law of March 3, 1871, under which
he appointed a civil service commission. This commission framed rules,
which were approved by the President. They provided for open competitive
examination, and went into effect January 1, 1872; and out of these grew
the present civil-service rules. One of his most important papers was
the message vetoing the "inflation bill."
The closing months of his public life covered the stormy and exciting
period following the Presidential election of 1876, when the result as
between Mr. Tilden and Mr. Hayes was so long in doubt. There is very
little, however, in any Presidential paper of that period to indicate
the great peril to the country and the severe strain to which our
institutions were subjected in that memorable contest.
The Administration of Mr. Hayes, though it began amid exciting scenes
and an unprecedented situation which threatened disasters, was rather
marked by moderation and a sympathy with what he considered true reform.
Some of his vetoes are highly interesting, and indicate independence of
character and that he was not always controlled by mere party politics.
One of the most famous and best remembered of his messages is that
vetoing the Bland-Allison Act, which restored the legal-tender quality
to the silver dollar and provided for its limited coinage.
Other papers of interest are his message recommending the resumption of
specie payments; vetoes of a bill to restrict Chinese immigration, of
an Army appropriation bill, of a legislative, executive, and judicial
appropriation bill, and of the act known as the "funding act of 1881."
It was during Mr. Hayes's Administration, when the Forty-fifth Congress
met in extraordinary session on March 18, 1879, that for the first time
since the Congress that was chosen with Mr. Buchanan in 1856 the
Democratic party was in control of both Houses.
JAMES D. RICHARDSON,
FEBRUARY 22, 1898.
Ulysses S. Grant
March 4, 1869, to March 4, 1877
Ulysses S. Grant
Ulysses S. Grant was born at Point Pleasant, Clermont County, Ohio,
April 27, 1822. He was of Scotch ancestry, but his family had been
American in all its branches for several generations. Was a descendant
of Mathew Grant, who arrived at Dorchester, Mass., in May, 1630. His
father was Jesse R. Grant and his mother Hannah Simpson; they were
married in Clermont County, Ohio, in June, 1821. In the fall of 1823 his
parents removed to Georgetown, the county seat of Brown County, Ohio.
Ulysses, the eldest of six children, spent his boyhood in assisting his
father on the farm, which was more congenial than working in the tannery
of which his father was proprietor. From an early age until 17 years
old attended the subscription schools of Georgetown, except during
the winters of 1836-37 and 1838-39, which were spent at schools in
Maysville, Ky., and Ripley, Ohio. In the spring of 1839, at the age of
17, was appointed to a cadetship in the Military Academy at West Point
by Thomas L. Hamer, a Member of Congress, and entered the Academy July
1, 1839. The name given him at birth was Hiram Ulysses, but he was
always called by his middle name. Mr. Hamer, thinking Ulysses his first
name, and that his middle name was probably that of his mother's family,
inserted in the official appointment the name of Ulysses S. Grant. The
officials of the Academy were notified by Cadet Grant of the error, but
they did not feel authorized to correct it, and it was acquiesced in and
became the name by which he was always known. Graduated from the Academy
in 1843, twenty-first in a class of thirty-nine members. Was attached to
the Fourth United States Infantry as brevet second lieutenant July 1,
1843; was appointed second lieutenant, Seventh Infantry, September 30,
1845, and transferred to the Fourth Infantry November 15, 1845. During
the Mexican War (1846-1848) took part with his regiment in active
service, and was in all the battles fought by Generals Scott and Taylor
except that of Buena Vista. Was brevetted for gallant conduct at the
battles of Palo Alto and Resaca de la Palma, but declined the honor. At
the battle of Monterey distinguished himself by volunteering to run the
gantlet and bring ammunition for the troops into the city. September 8,
1847, was appointed brevet first lieutenant for gallant conduct at
Molino del Rey. Acted as regimental quartermaster April 1, 1847, to July
23, 1848, and from November 17, 1848, to August 5, 1853. September 13,
1847, was brevetted captain for gallant conduct at the battle of
Chapultepec, and on September 16 was appointed first lieutenant. At San
Cosme was mentioned in special orders by his commanders--regimental,
brigade, and division. After the Mexican War his regiment was sent to
Pascagoula, Miss., and afterwards to Sacketts Harbor, N.Y., and Detroit,
Mich. August 22, 1848, married Miss Julia Dent, of St. Louis, Mo. In
1852 his regiment was sent to the Pacific Coast. August 5, 1853, was
appointed captain. Resigned July 31, 1854, and went to live on a farm
near St. Louis, but in 1858 gave up farming on account of his health,
and entered into the real-estate business in St. Louis. In May, 1860,
removed to Galena, Ill., and became a clerk in his father's store.
In April, 1861, after President Lincoln's call for troops, presided
at a public meeting in Galena, which resulted in the organization of a
company of volunteers, which he drilled and accompanied to Springfield,
Ill. Was employed by Governor Yates in the adjutant-general's office,
and appointed mustering officer. Offered his services to the National
Government in a letter written May 24, 1861, but no answer was ever
made to it. June 17, 1861, was appointed colonel of the Twenty-first
Illinois Volunteers, and served until August 7, when he was appointed
brigadier-general of volunteers by the President, his commission to date
from May 17, 1861. Was assigned September 1 to command the District
of Southeastern Missouri. September 4 established his headquarters at
Cairo, and on the 6th captured Paducah, Ky. February 2, 1862, advanced
from Cairo; on the 6th captured Fort Henry, and on the 16th Fort
Donelson. Soon afterwards was made a major-general of volunteers, his
commission dating from February 16. March 4 was relieved from his
command and ordered to remain at Fort Henry, but on the 13th was
restored. Commanded at the battle of Shiloh, April 6 and 7, 1862.
General Halleck on April 11 assumed command of the combined armies, and
General Grant became second in command during the advance upon and the
siege of Corinth. In July Halleck became general in chief of all the
armies, and General Grant was placed in command of the District of West
Tennessee. In September fought the battle of Iuka, Miss., and in October
the battle of Corinth. January 29, 1863, moved down the Mississippi
River and took command of the troops opposite Vicksburg. On March 29
sent one corps of his army across the peninsula opposite Vicksburg, and
on April 16 ran the batteries with seven gunboats and three transports.
April 22 six other transports ran the batteries. His army was now below
Vicksburg, and on the 29th bombarded Grand Gulf. May 1 fought the battle
at Port Gibson, and on May 3 captured Grand Gulf. May 12 defeated the
Confederates at Raymond; and on the 14th captured Jackson, Miss. After
several engagements the Confederates were driven by him into Vicksburg,
when he began the siege of that city, which was surrendered July 4,
1863. On the same day was commissioned a major-general in the United
States Army. In August went to New Orleans to confer with General Banks,
and while reviewing the troops there was injured by his horse falling on
him. About the middle of October was assigned to the command of the
Military Division of the Mississippi, which included Rosecran's army at
Chattanooga, Tenn. Arrived at Chattanooga October 23, and the next day
issued orders which resulted in the battle of Wauhatchie on the 29th.
Attacked the Confederates under General Bragg on November 23, and
after three days' fighting captured Missionary Ridge, whereupon the
Confederates retreated to Dalton, Ga. For his successes Congress, in
December, 1863, passed a resolution of thanks to him and the officers
and soldiers of his command, and presented him with a gold medal. The
bill restoring the grade of lieutenant-general became a law in February,
1864, and on March 1 he was nominated for the position and was confirmed
the succeeding day. On March 12 assumed command of all the armies of the
United States, and immediately began the plan of campaign that kept all
of the armies in motion until the war ended. About May 4, 1864, this
campaign, the greatest of the war, began, and lasted until the surrender
of the Confederates in April, 1865. During this period there were fought
some of the bloodiest battles of the world. On April 9, 1865, General
Lee surrendered his army at Appomattox, Va., to General Grant, who then
displayed the greatest magnanimity to the Confederates, and won for
himself from his late enemies their warmest gratitude. His magnanimity
will always be remembered by the Confederate soldiers, and will stand
in history as long as nobility of character shall be appreciated by
mankind. On the closing of the war directed his attention to mustering
out of service the great army under his command and the disposal of the
enormous quantity of stores of the Government. In the discharge of his
duties visited different sections of the country and was received
everywhere with enthusiasm. The citizens of Philadelphia presented him
with a handsome residence in that city; his old neighbors in Galena gave
him a pretty home in their town; the people of New York presented to him
a check for $105,000. In November and December, 1865, traveled through
the Southern States, and made a report to the President upon the
conditions there. In May, 1866, submitted a plan to the Government for
the reorganization of the Regular Army of the United States, which
became the basis of its reorganization. July 25 Congress passed an act
creating the grade of general of the armies of the United States,
and on the same day he was appointed to this rank. August 12, 1867, was
appointed by President Johnson Secretary of War _ad interim_, which
position he held until January 14, 1868. At the national convention
of the Republican party which met in Chicago on May 20, 1868, was
unanimously nominated for President on the first call of States. His
letter of acceptance of that nomination was brief, and contained the
famous sentence, "Let us have peace." At the election in November was
chosen to be President, receiving 214 electoral votes, while Horatio
Seymour received 80. Was renominated by his party in national convention
in Philadelphia June 6, 1872, and at the election in November received
286 electoral votes, against 66 which would have been cast for Horace
Greeley if he had lived. Retired from office March 4, 1877. After his
retirement made a journey into foreign countries, and was received with
great distinction and pomp by all the governments and peoples he
visited. An earnest effort was made to nominate him for a third term,
but it failed. By special act of Congress passed March 3, 1885, was
placed as general on the retired list of the Army. He died July 23,
1885, at Mount McGregor, N.Y., and was buried at Riverside Park, New
York City, on the Hudson River.
FIRST INAUGURAL ADDRESS.
_Citizens of the United States_:
Your suffrages having elected me to the office of President of the
United States, I have, in conformity to the Constitution of our country,
taken the oath of office prescribed therein. I have taken this oath
without mental reservation and with the determination to do to the best
of my ability all that is required of me. The responsibilities of the
position I feel, but accept them without fear. The office has come to me
unsought; I commence its duties untrammeled. I bring to it a conscious
desire and determination to fill it to the best of my ability to the
satisfaction of the people.
On all leading questions agitating the public mind I will always express
my views to Congress and urge them according to my judgment, and when
I think it advisable will exercise the constitutional privilege of
interposing a veto to defeat measures which I oppose; but all laws will
be faithfully executed, whether they meet my approval or not.
I shall on all subjects have a policy to recommend, but none to enforce
against the will of the people. Laws are to govern all alike--those
opposed as well as those who favor them. I know no method to secure the
repeal of bad or obnoxious laws so effective as their stringent
execution.
The country having just emerged from a great rebellion, many
questions will come before it for settlement in the next four years
which preceding Administrations have never had to deal with. In meeting
these it is desirable that they should be approached calmly, without
prejudice, hate, or sectional pride, remembering that the greatest good
to the greatest number is the object to be attained.
This requires security of person, property, and free religious and
political opinion in every part of our common country, without regard
to local prejudice. All laws to secure these ends will receive my best
efforts for their enforcement.
A great debt has been contracted in securing to us and our posterity
the Union. The payment of this, principal and interest, as well as the
return to a specie basis as soon as it can be accomplished without
material detriment to the debtor class or to the country at large,
must be provided for. To protect the national honor, every dollar
of Government indebtedness should be paid in gold, unless otherwise
expressly stipulated in the contract. Let it be understood that no
repudiator of one farthing of our public debt will be trusted in public
place, and it will go far toward strengthening a credit which ought to
be the best in the world, and will ultimately enable us to replace the
debt with bonds bearing less interest than we now pay. To this should be
added a faithful collection of the revenue, a strict accountability to
the Treasury for every dollar collected, and the greatest practicable
retrenchment in expenditure in every department of Government.
When we compare the paying capacity of the country now, with the ten
States in poverty from the effects of war, but soon to emerge, I trust,
into greater prosperity than ever before, with its paying capacity
twenty-five years ago, and calculate what it probably will be
twenty-five years hence, who can doubt the feasibility of paying every
dollar then with more ease than we now pay for useless luxuries? Why,
it looks as though Providence had bestowed upon us a strong box in the
precious metals locked up in the sterile mountains of the far West, and
which we are now forging the key to unlock, to meet the very contingency
that is now upon us.
Ultimately it may be necessary to insure the facilities to reach these
riches, and it may be necessary also that the General Government should
give its aid to secure this access; but that should only be when a
dollar of obligation to pay secures precisely the same sort of dollar
to use now, and hot before. Whilst the question of specie payments is
in abeyance the prudent business man is careful about contracting debts
payable in the distant future. The nation should follow the same rule.
A prostrate commerce is to be rebuilt and all industries encouraged.
The young men of the country--those who from their age must be its
rulers twenty-five years hence--have a peculiar interest in maintaining
the national honor. A moment's reflection as to what will be our
commanding influence among the nations of the earth in their day, if
they are only true to themselves, should inspire them with national
pride. All divisions--geographical, political, and religious--can join
in this common sentiment. How the public debt is to be paid or specie
payments resumed is not so important as that a plan should be adopted
and acquiesced in. A united determination to do is worth more than
divided counsels upon the method of doing. Legislation upon this subject
may not be necessary now, nor even advisable, but it will be when the
civil law is more fully restored in all parts of the country and trade
resumes its wonted channels.
It will be my endeavor to execute all laws in good faith, to collect
all revenues assessed, and to have them properly accounted for and
economically disbursed. I will to the best of my ability appoint to
office those only who will carry out this design.
In regard to foreign policy, I would deal with nations as equitable law
requires individuals to deal with each other, and I would protect the
law-abiding citizen, whether of native or foreign birth, wherever his
rights are jeopardized or the flag of our country floats. I would
respect the rights of all nations, demanding equal respect for our own.
If others depart from this rule in their dealings with us, we may be
compelled to follow their precedent.
The proper treatment of the original occupants of this land--the
Indians--is one deserving of careful study. I will favor any course
toward them which tends to their civilization and ultimate citizenship.
The question of suffrage is one which is likely to agitate the public
so long as a portion of the citizens of the nation are excluded from
its privileges in any State. It seems to me very desirable that this
question should be settled now, and I entertain the hope and express
the desire that it may be by the ratification of the fifteenth article
of amendment to the Constitution.
In conclusion I ask patient forbearance one toward another throughout
the land, and a determined effort on the part of every citizen to do his
share toward cementing a happy union; and I ask the prayers of the
nation to Almighty God in behalf of this consummation.
MARCH 4, 1869.
[NOTE.--The Forty-first Congress, first session, met March 4, 1869,
in accordance with the act of January 22, 1867.]
SPECIAL MESSAGES.
WASHINGTON, D.C., _March 6, 1869_.
_To the Senate of the United States:_
Since the nomination and confirmation of Alexander T. Stewart to the
office of Secretary of the Treasury I find that by the eighth section
of the act of Congress approved September 2, 1789, it is provided as
follows, to wit:
_And be it further enacted_, That no person appointed to any office
instituted by this act shall, directly or indirectly, be concerned or
interested in carrying on the business of trade or commerce; or be
owner, in whole or in part, of any sea vessel; or purchase, by himself
or another in trust for him, any public lands or other public property;
or be concerned in the purchase or disposal of any public securities of
any State or of the United States; or take or apply to his own use any
emolument or gain for negotiating or transacting any business in the
said Department other than what shall be allowed by law; and if any
person shall offend against any of the prohibitions of this act he shall
be deemed guilty of a high misdemeanor and forfeit to the United States
the penalty of $3,000, and shall upon conviction be removed from office
and forever thereafter incapable of holding any office under the United
States: _Provided_, That if any other person than a public prosecutor
shall give information of any such offense, upon which a prosecution and
conviction shall be had, one-half the aforesaid penalty of $3,000, when
recovered, shall be for the use of the person giving such information.
In view of these provisions and the fact that Mr. Stewart has been
unanimously confirmed by the Senate, I would ask that he be exempted by
joint resolution of the two Houses of Congress from the operations of
the same.
U.S. GRANT.
WASHINGTON, _March 9, 1869_.
_To the Senate of the United States:_
I transmit to the Senate, in compliance with its resolution of the 5th
instant, a report from the Secretary of State, communicating a list of
the public and private acts and resolutions passed at the third session
of the Fortieth Congress which have become laws, either by approval or
otherwise.
U.S. GRANT.
WASHINGTON, _March 9, 1869_.
_To the Senate of the United States:_
I have the honor to request to be permitted to withdraw from the Senate
of the United States my message of the 6th instant, requesting the
passage of a joint resolution of the two Houses of Congress to relieve
the Secretary of the Treasury from the disabilities imposed by section 8
of the act of Congress approved September 2, 1789.
U.S. GRANT.
WASHINGTON, _March 15, 1869_.
_To the Senate and House of Representatives:_
I invite the attention of Congress to the accompanying communication[1]
of this date, which I have received from the Secretary of the Interior.
U.S. GRANT.
[Footnote 1: Report of the Government directors of the Union Pacific
Railroad relative to an injunction issued by Judge Barnard, of the
supreme court of the city of New York, restraining and prohibiting an
election of officers or directors on the day directed by the law of
December 20, 1867.]
WASHINGTON, _March 16, 1869_.
_To the Senate of the United States:_
In compliance with the resolution of the Senate of the 11th instant,
asking if the first installment due from the Government of Venezuela
pursuant to the convention of April 25, 1866, has been paid, I transmit
a report from the Secretary of State, to whom the resolution was
referred.
U.S. GRANT.
WASHINGTON, _March 24, 1869_.
_To the Senate of the United States:_
I transmit to the Senate, in answer to their resolution of the
1st instant, a report from the Secretary of State, together with
accompanying papers.[2]
U.S. GRANT.
[Footnote 2: Correspondence with the United states minister and the
secretary of legation at Madrid.]
WASHINGTON, _March 29, 1869_.
_To the Senate of the United States:_
In compliance with the request contained in the resolution of the Senate
of the 17th instant, in regard to certain correspondence[3] between
James Buchanan, then President of the United States, and Lewis Cass,
Secretary of State, I transmit a report from the Department of State,
which is accompanied by a copy of the correspondence referred to.
U.S. GRANT.
[Footnote 3: Regarding the policy to be pursued to avert civil war, then
threatening, which correspondence led to the resignation of Mr. Cass.]
WASHINGTON, _March 31, 1869_.
_To the House of Representatives:_
In compliance with a resolution of the House of Representatives of the
30th of January last, calling for the papers relative to the claim of
Owen Thorn and others against the British Government, I transmit a
report from the Secretary of State, together with copies of the papers
referred to in said resolution.
U.S. GRANT.
WASHINGTON, _April 3, 1869_.
_To the House of Representatives:_
In answer to the resolution of the House of Representatives of the
28th of January last, requesting information concerning the destruction
during the late war by rebel vessels of certain merchant vessels of
the United States, and concerning the damages and claims resulting
therefrom, I transmit a report from the Secretary of State and the
tabular statement which accompanied it.
U.S. GRANT.
WASHINGTON, D.C., _April 5, 1869_.
_To the Senate of the United States:_
I transmit herewith, for the constitutional action of the Senate,
certain articles of agreement made and concluded at the Kaw Indian
Agency, Kans., on the 13th ultimo, between the commissioners on the part
of the United States and certain chiefs or headmen of the Kansas or Kaw
tribe of Indians on behalf of said tribe, together with a letter from
the Secretary of the Interior, to which attention is invited.
U.S. GRANT.
WASHINGTON, _April 7, 1869_.
_To the Senate of the United States:_
In answer to the resolution of the Senate of the 27th of May last, in
relation to the subject of claims against Great Britain, I transmit a
report from the Secretary of State and the papers which accompanied it.
U.S. GRANT.
WASHINGTON, D.C., _April 7, 1869_.
_To the Senate and House of Representatives:_
While I am aware that the time in which Congress proposes now to remain
in session is very brief, and that it is its desire, as far as is
consistent with the public interest, to avoid entering upon the general
business of legislation, there is one subject which concerns so deeply
the welfare of the country that I deem it my duty to bring it before
you.
I have no doubt that you will concur with me in the opinion that
it is desirable to restore the States which were engaged in the
rebellion to their proper relations to the Government and the country
at as early a period as the people of those States shall be found
willing to become peaceful and orderly communities and to adopt and
maintain such constitutions and laws as will effectually secure the
civil and political rights of all persons within their borders.
The authority of the United States, which has been vindicated and
established by its military power, must undoubtedly be asserted for the
absolute protection of all its citizens in the full enjoyment of the
freedom and security which is the object of a republican government; but
whenever the people of a rebellious State are ready to enter in good
faith upon the accomplishment of this object, in entire conformity with
the constitutional authority of Congress, it is certainly desirable that
all causes of irritation should be removed as promptly as possible, that
a more perfect union may be established and the country be restored to
peace and prosperity.
The convention of the people of Virginia which met in Richmond on
Tuesday, December 3, 1867, framed a constitution for that State, which
was adopted by the convention on the 17th of April, 1868, and I desire
respectfully to call the attention of Congress to the propriety of
providing by law for the holding of an election in that State at some
time during the months of May and June next, under the direction of
the military commander of that district, at which the question of the
adoption of that constitution shall be submitted to the citizens of
the State; and if this should seem desirable, I would recommend that a
separate vote be taken upon such parts as may be thought expedient, and
that at the same time and under the same authority there shall be an
election for the officers provided under such constitution, and that
the constitution, or such parts thereof as shall have been adopted by
the people, be submitted to Congress on the first Monday of December
next for its consideration, so that if the same is then approved the
necessary steps will have been taken for the restoration of the State
of Virginia to its proper relations to the Union. I am led to make this
recommendation from the confident hope and belief that the people of
that State are now ready to cooperate with the National Government in
bringing it again into such relations to the Union as it ought as soon
as possible to establish and maintain, and to give to all its people
those equal rights under the law which were asserted in the Declaration
of Independence in the words of one of the most illustrious of its sons.
I desire also to ask the consideration of Congress to the question
whether there is not just ground for believing that the constitution
framed by a convention of the people of Mississippi for that State, and
once rejected, might not be again submitted to the people of that State
in like manner, and with the probability of the same result.
U.S. GRANT.
PROCLAMATION.
BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
A PROCLAMATION.
Whereas objects of interest to the United States require that the Senate
should be convened at 12 o'clock on the 12th day of April, 1869, to
receive and act upon such communications as may be made to it on the
part of the Executive:
Now, therefore, I, U.S. Grant, President of the United States, have
considered it to be my duty to issue this my proclamation, declaring
that an extraordinary occasion requires the Senate of the United States
to convene for the transaction of business at the Capitol, in the city
of Washington, on the 12th day of April, 1869, at 12 o'clock noon on
that day, of which all who shall at that time be entitled to act as
members of that body are hereby required to take notice.
Given under my hand and the seal of the United States, at Washington,
the 8th day of April, A.D. 1869, and of the Independence of the United
States of America the ninety-third.
[SEAL.]
U.S. GRANT.
By the President:
HAMILTON FISH,
_Secretary of State_.
SPECIAL MESSAGES.
WASHINGTON, _April 16, 1869_.
_To the Senate of the United States_:
I transmit to the Senate, for consideration with a view to ratification,
a convention between the United States and the Emperor of the French,
signed this day by the plenipotentiaries of the parties, for the mutual
protection of trade-marks of their respective citizens and subjects.
U.S. GRANT.
WASHINGTON, _April 21, 1869_.
_To the Senate of the United States_:
I transmit to the Senate, in answer to their resolution adopted in
executive session on the 16th of February last, requesting copy of the
official correspondence of Mr. Buchanan during his residence at St.
Petersburg as minister of the United States, a report from the Secretary
of State, with the accompanying papers.
U.S. GRANT.
PROCLAMATIONS.
BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
A PROCLAMATION.
In pursuance of the provisions of the act of Congress approved April
10, 1869, I hereby designate the 6th day of July, 1869, as the time
for submitting the constitution passed by the convention which met in
Richmond, Va., on Tuesday, the 3d day of December, 1867, to the voters
of said State registered at the date of such submission, viz, July 6,
1869, for ratification or rejection.
And I submit to a separate vote the fourth clause of section I of
article 3 of said constitution, which is in the following words:
Every person who has been a Senator or Representative in Congress, or
elector of President or Vice-President, or who held any office, civil
or military, under the United States, or under any State, who, having
previously taken an oath as a member of Congress, or as an officer of
the United States, or as a member of any State legislature, or as an
executive or judicial officer of any State, shall have engaged in
insurrection or rebellion against the same or given aid or comfort to
the enemies thereof. This clause shall include the following officers:
Governor, lieutenant-governor, secretary of state, auditor of public
accounts, second auditor, register of the land office, State treasurer,
attorney-general, sheriffs, sergeant of a city or town, commissioner
of the revenue, county surveyors, constables, overseers of the poor,
commissioner of the board of public works, judges of the supreme court,
judges of the circuit court, judges of the court of hustings, justices
of the county courts, mayor, recorder, alderman, councilmen of a city
or town, coroners, escheators, inspectors of tobacco, flour, etc.,
clerks of the supreme, district, circuit, and county courts and of the
court of hustings, and attorneys for the Commonwealth: _Provided_,
That the legislature may, by a vote of three-fifths of both houses,
remove the disabilities incurred by this clause from any person
included therein, by a separate vote in each case.
And I also submit to a separate vote the seventh section of article 3 of
the said constitution, which is in the words following:
In addition to the foregoing oath of office, the governor,
lieutenant-governor, members of the general assembly, secretary of
state, auditor of public accounts, State treasurer, attorney-general,
and all persons elected to any convention to frame a constitution for
this State or to amend or revise this constitution in any manner, and
mayor and council of any city or town, shall, before they enter on the
duties of their respective offices, take and subscribe the following
oath or affirmation: _Provided_, The disabilities therein contained may
be individually removed by a three-fifths vote of the general assembly:
"I do solemnly swear (or affirm) that I have never voluntarily borne
arms against the United States since I have been a citizen thereof;
that I have voluntarily given no aid, countenance, counsel, or
encouragement to persons engaged in armed hostility thereto; that I
have never sought nor accepted nor attempted to exercise the functions
of any office whatever under any authority or pretended authority in
hostility to the United States; that I have not yielded a voluntary
support to any pretended government, authority, power, or constitution
within the United States hostile or inimical thereto. And I do further
swear (or affirm) that, to the best of my knowledge and ability, I
will support and defend the Constitution of the United States against
all enemies, foreign and domestic; that I will bear true faith and
allegiance to the same; that I take this obligation freely, without
any mental reservation or purpose of evasion, and that I will well and
faithfully discharge the duties of the office on which I am about to
enter. So help me God."
The above oath shall also be taken by all the city and county officers
before entering upon their duties, and by all other State officers not
included in the above provision. I direct the vote to be taken upon each
of the above-cited provisions alone, and upon the other portions of the
said constitution in the following manner, viz:
Each voter favoring the ratification of the constitution (excluding the
provisions above quoted) as framed by the convention of December 3,
1867, shall express his judgment by voting for the constitution.
Each voter favoring the rejection of the constitution (excluding the
provisions above quoted) shall express his judgment by voting against
the constitution.
Each voter will be allowed to cast a separate ballot for or against
either or both of the provisions above quoted.
In testimony whereof I have hereunto set my hand and caused the seal of
the United States to be affixed.
Done at the city of Washington, this 14th day of May, A.D. 1869, and of
the Independence of the United States of America the ninety-third.
U.S. GRANT.
By the President:
HAMILTON FISH,
_Secretary of State_.
BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
A PROCLAMATION.
Whereas the act of Congress approved June 25, 1868, constituted, on and
after that date, eight hours a day's work for all laborers, workmen, and
mechanics employed by or on behalf of the Government of the United
States, and repealed all acts and parts of acts inconsistent therewith:
Now, therefore, I, Ulysses S. Grant, President of the United States, do
hereby direct that from and after this date no reduction shall be made
in the wages paid by the Government by the day to such laborers,
workmen, and mechanics on account of such reduction of the hours of
labor.
In testimony whereof I have hereto set my hand and caused the seal of
the United States to be affixed.
Done at the city of Washington, this 19th day of May, A.D. 1869, and of
the Independence of the United States the ninety-third.
U.S. GRANT.
By the President:
HAMILTON FISH,
_Secretary of State_.
BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
A PROCLAMATION.
Whereas satisfactory evidence has been received by me from His
Majesty the Emperor of France, through the Count Faverney, his chargé
d'affaires, that on and after this date the discriminating duties
heretofore levied in French ports upon merchandise imported from the
countries of its origin in vessels of the United States are to be
discontinued and abolished:
Now, therefore, I, U.S. Grant, President of the United States of
America, by virtue of the authority vested in me by an act of Congress
of the 7th day of January, 1824, and by an act in addition thereto of
the 24th day of May, 1828, do hereby declare and proclaim that on and
after this date, so long as merchandise imported from the countries of
its origin into French ports in vessels belonging to citizens of the
United States is admitted into French ports on the terms aforesaid, the
discriminating duties heretofore levied upon merchandise imported from
the countries of its origin into ports of the United States in French
vessels shall be, and are hereby, discontinued and abolished.
In testimony whereof I have hereunto set my hand and caused the seal of
the United States to be affixed.
Done at the city of Washington, this 12th day of June, A.D. 1869, and of
the Independence of the United States of America the ninety-third.
U.S. GRANT.
By the President:
HAMILTON FISH,
_Secretary of State_.
BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
A PROCLAMATION.
In pursuance of the provisions of the act of Congress approved April
10, 1869, I hereby designate Tuesday, the 30th day of November, 1869,
as the time for submitting the constitution adopted on the 15th day of
May, 1868, by the convention which met in Jackson, Miss., to the voters
of said State registered at the date of such submission, viz, November
30, 1869.
And I submit to a separate vote that part of section 3 of Article VII of
said constitution which is in the following words:
That I am not disfranchised in any of the provisions of the acts known
as the reconstruction acts of the Thirty-ninth and Fortieth Congress,
and that I admit the political and civil equality of all men. So help me
God: _Provided_, If Congress shall at any time remove the disabilities
of any person disfranchised in said reconstruction acts of the said
Thirty-ninth and Fortieth Congress (and the legislature of this State
shall concur therein), then so much of this oath, and so much only, as
refers to the said reconstruction acts shall not be required of such
person so pardoned to entitle him to be registered.
And I further submit to a separate vote section 5 of the same article
of said constitution, which is in the following words:
No person shall be eligible to any office of profit or trust, civil or
military, in this State who, as a member of the legislature, voted for
the call of the convention that passed the ordinance of secession, or
who, as a delegate to any convention, voted for or signed any ordinance
of secession, or who gave voluntary aid, countenance, counsel, or
encouragement to persons engaged in armed hostility to the United
States, or who accepted or attempted to exercise the functions of any
office, civil or military, under any authority or pretended government,
authority, power, or constitution within the United States hostile or
inimical thereto, except all persons who aided reconstruction by voting
for this convention or who have continuously advocated the assembling
of this convention and shall continuously and in good faith advocate
the acts of the same; but the legislature may remove such disability:
_Provided_, That nothing in this section, except voting for or signing
the ordinance of secession, shall be so construed as to exclude from
office the private soldier of the late so-called Confederate States
army.
And I further submit to a separate vote section 5 of Article XII of the
said constitution, which is in the following words:
The credit of the State shall not be pledged or loaned in aid of any
person, association, or corporation; nor shall the State hereafter
become a stockholder in any corporation or association.
And I further submit to a separate vote part of the oath of office
prescribed in section 26 of Article XII of the said constitution, which
is in the following words:
That I have never, as a member of any convention, voted for or signed
any ordinance of secession; that I have never, as a member of any State
legislature, voted for the call of any convention that passed any such
ordinance.
The above oath shall also be taken by all the city and county officers
before entering upon their duties, and by all other State officials not
included in the above provision. I direct the vote to be taken upon each
of the above-cited provisions alone, and upon the other portions of the
said constitution in the following manner, viz:
Each voter favoring the ratification of the constitution (excluding the
provisions above quoted), as adopted by the convention of May 15, 1868,
shall express his judgment by voting for the constitution.
Each voter favoring the rejection of the constitution (excluding the
provisions above quoted) shall express his judgment by voting against
the constitution.
Each voter will be allowed to cast a separate ballot for or against
either or both of the provisions above quoted.
It is understood that sections 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14,
and 15 of Article XIII, under the head of "Ordinance," are considered
as forming no part of the said constitution.
In testimony whereof I have hereunto set my hand and caused the seal of
the United States to be affixed.
[SEAL.]
Done at the city of Washington, this 13th day of July, A.D. 1869, and of
the Independence of the United States of America the ninety-fourth.
U.S. GRANT.
By the President:
HAMILTON FISH,
_Secretary of State_.
BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
A PROCLAMATION.
In pursuance of the provisions of the act of Congress approved April 10,
1869, I hereby designate Tuesday, the 30th day of November, 1869, as the
time for submitting the constitution adopted by the convention which met
in Austin, Tex., on the 15th day of June, 1868, to the voters of said
State registered at the date of such submission, viz:
I direct the vote to be taken upon the said constitution in the
following manner, viz:
Each voter favoring the ratification of the constitution as adopted by
the convention of the 15th of June, 1868, shall express his judgment by
voting for the constitution.
Each voter favoring the rejection of the constitution shall express his
judgment by voting against the constitution.
In testimony whereof I have hereunto set my hand and caused the seal of
the United States to be affixed.
[SEAL.]
Done at the city of Washington, this 15th day of July, A.D. 1869, and of
the Independence of the United States of America the ninety-fourth.
U.S. GRANT.
By the President:
HAMILTON FISH,
_Secretary of State_.
BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
A PROCLAMATION.
The year which is drawing to a close has been free from pestilence;
health has prevailed throughout the land; abundant crops reward the
labors of the husbandman; commerce and manufactures have successfully
prosecuted their peaceful paths; the mines and forests have yielded
liberally; the nation has increased in wealth and in strength; peace has
prevailed, and its blessings have advanced every interest of the people
in every part of the Union; harmony and fraternal intercourse restored
are obliterating the marks of past conflict and estrangement; burdens
have been lightened; means have been increased; civil and religious
liberty are secured to every inhabitant of the land, whose soil is trod
by none but freemen.
It becomes a people thus favored to make acknowledgment to the Supreme
Author from whom such blessings flow of their gratitude and their
dependence, to render praise and thanksgiving for the same, and devoutly
to implore a continuance of God's mercies.
Therefore I, Ulysses S. Grant, President of the United States, do
recommend that Thursday, the 18th day of November next, be observed as
a day of thanksgiving and of praise and of prayer to Almighty God, the
creator and the ruler of the universe; and I do further recommend to
all the people of the United States to assemble on that day in their
accustomed places of public worship and to unite in the homage and
praise due to the bountiful Father of All Mercies and in fervent prayer
for the continuance of the manifold blessings he has vouchsafed to us
as a people.
[SEAL.]
In testimony whereof I have hereunto set my hand and caused the seal of
the United States to be affixed, this 5th day of October, A.D. 1869, and
of the Independence of the United States of America the ninety-fourth.
U.S. GRANT.
By the President:
HAMILTON FISH,
_Secretary of State_.
BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
A PROCLAMATION.
Whereas by the proclamation of the President of the United States of the
12th day of June last the levying of discriminating duties on
merchandise imported into the United States in French vessels from the
countries of its origin was discontinued; and
Whereas satisfactory information has since been received by me that the
levying of such duties on all merchandise imported into France in
vessels of the United States, whether from the countries of its origin
or from other countries, has been discontinued:
Now, therefore, I, U.S. Grant, President of the United States of
America, by virtue of the authority vested in me by an act of Congress
of the 7th day of January, 1824, and by an act in addition thereto of
the 24th day of May, 1828, do hereby declare and proclaim that on and
after this date, so long as merchandise imported into France in vessels
of the United States, whether from the countries of its origin or from
other countries, shall be admitted into the ports of France on the terms
aforesaid, the discriminating duties heretofore levied upon merchandise
imported into the United States in French vessels, either from the
countries of its origin or from any other country, shall be, and are,
discontinued and abolished.
In testimony whereof I have hereunto set my hand and caused the seal of
the United States to be affixed.
[SEAL.]
Done at the city of Washington, this 20th day of November, A.D. 1869,
and of the Independence of the United States of America the
ninety-fourth.
U.S. GRANT.
By the President:
HAMILTON FISH,
_Secretary of State_.
EXECUTIVE ORDERS.
GENERAL ORDERS, No. 10.
HEADQUARTERS OF THE ARMY,
ADJUTANT-GENERAL'S OFFICE,
_Washington, March 5, 1869_.
The President of the United States directs that the following orders be
carried into execution as soon as practicable:
1. The Department of the South will be commanded by Brigadier and Brevet
Major General A.H. Terry.
2. Major-General G.G. Meade is assigned to command the Military Division
of the Atlantic, and will transfer his headquarters to Philadelphia,
Pa. He will turn over his present command temporarily to Brevet
Major-General T.H. Ruger, colonel Thirty-third Infantry, who is assigned
to duty according to his brevet of major-general while in the exercise
of this command.
3. Major-General P.H. Sheridan is assigned to command the Department of
Louisiana, and will turn over the command of the Department of the
Missouri temporarily to the next senior officer.
4. Major-General W.S. Hancock is assigned to command the Department of
Dakota.
5. Brigadier and Brevet Major General E.R.S. Canby is assigned to
command the First Military District, and will proceed to his post as
soon as relieved by Brevet Major-General Reynolds.
6. Brevet Major-General A.C. Gillem, colonel Twenty-fourth Infantry,
will turn over the command of the Fourth Military District to the next
senior officer and join his regiment.
7. Brevet Major-General J.J. Reynolds, colonel Twenty-sixth Infantry, is
assigned to command the Fifth Military District, according to his brevet
of major-general.
8. Brevet Major-General W.H. Emory, colonel Fifth Cavalry, is assigned
to command the Department of Washington, according to his brevet of
major-general.
By command of the General of the Army:
E.D. TOWNSEND,
_Assistant Adjutant-General_.
GENERAL ORDERS, No. 11.
HEADQUARTERS OF THE ARMY,
ADJUTANT GENERAL'S OFFICE,
_Washington, March 8, 1869_.
The following orders of the President of the United States are published
for the information and government of all concerned:
WAR DEPARTMENT,
_Washington City, March 5, 1869_.
By direction of the President, General William T. Sherman will assume
command of the Army of the United States.
The chiefs of staff corps, departments, and bureaus will report to and
act under the immediate orders of the General Commanding the Army.
All official business which by law or regulations requires the action of
the President or Secretary of War will be submitted by the General of
the Army to the Secretary of War, and in general all orders from the
President or Secretary of War to any portion of the Army, line or staff,
will be transmitted through the General of the Army.
J.M. SCHOFIELD, _Secretary of War_.
By command of the General of the Army:
E.D. TOWNSEND,
_Assistant Adjutant-General_.
SPECIAL ORDERS, No. 55.
HEADQUARTERS OF THE ARMY,
ADJUTANT-GENERAL'S OFFICE,
_Washington, March 9, 1869_.
* * * * *
6. By direction of the President, Brevet Major-General Adelbert Ames,
lieutenant-colonel Twenty-fourth United States Infantry, is hereby
assigned to command the Fourth Military District, according to his
brevet rank.
* * * * *
By command of General Sherman:
E.D. TOWNSEND,
_Assistant Adjutant-General_.
GENERAL ORDERS, No. 18.
HEADQUARTERS OF THE ARMY,
ADJUTANT-GENERAL'S OFFICE,
_Washington, March 16, 1869_.
By direction of the President of the United States, the following
changes are made in military divisions and department commands:
I. Lieutenant-General P.H. Sheridan is assigned to command the Military
Division of the Missouri.
II. Major-General H.W. Halleck is assigned to the command of the
Military Division of the South, to be composed of the Departments of
the South and Louisiana, of the Fourth Military District, and of the
States composing the present Department of the Cumberland; headquarters,
Louisville, Ky. Major-General Halleck will proceed to his new command as
soon as relieved by Major-General Thomas.
III. Major-General G.H. Thomas is assigned to command the Military
Division of the Pacific.
IV. Major-General J.M. Schofield is assigned to command the Department
of the Missouri. The State of Illinois and post of Fort Smith, Ark., are
transferred to this department.
V. Brigadier and Brevet Major General O.O. Howard is assigned to command
the Department of Louisiana. Until his arrival the senior officer,
Brevet Major-General J.A. Mower, will command, according to his brevet
of major-general.
VI. The Department of Washington will be discontinued and merged in the
Department of the East. The records will be sent to the Adjutant-General
of the Army.
VII. The First Military District will be added to the Military Division
of the Atlantic.
VIII. As soon as Major-General Thomas is ready to relinquish command of
the Department of the Cumberland, the department will be discontinued,
and the States composing it will be added to other departments, to be
hereafter designated. The records will be forwarded to the
Adjutant-General of the Army.
By command of General Sherman:
E.D. TOWNSEND,
_Assistant Adjutant-General_.
WAR DEPARTMENT, _Washington City, March 26, 1869_.
By direction of the President, the order of the Secretary of War dated
War Department, March 5, 1869, and published in General Orders, No. 11,
Headquarters of the Army, Adjutant-General's Office, dated March 8,
1869, except so much as directs General W.T. Sherman to "assume command
of the Army of the United States," is hereby rescinded.
All official business which by law or regulations requires the action of
the President or Secretary of War will be submitted by the chiefs of
staff corps, departments, and bureaus to the Secretary of War.
All orders and instructions relating to military operations issued by
the President or Secretary of War will be issued through the General of
the Army.
JNO. A. RAWLINS,
_Secretary of War_.
SPECIAL ORDERS, No. 75.
HEADQUARTERS OF THE ARMY,
ADJUTANT-GENERAL'S OFFICE,
_Washington, March 31, 1869_.
* * * * *
16. By direction of the President of the United States, Brevet
Major-General A.S. Webb, United States Army, is assigned to command the
First Military District, according to his brevet of major-general, until
the arrival of Brevet Major-General Canby to relieve him. He will
accordingly repair to Richmond, Va., without delay.
17. By direction of the President, Brevet Major-General George Stoneman,
colonel Twenty-first United States Infantry, is hereby relieved from the
temporary command of the First Military District, and will accompany his
regiment to the Military Division of the Pacific.
* * * * * *
By command of General Sherman:
E.D. TOWNSEND,
_Assistant Adjutant-General_.
EXECUTIVE MANSION, _Washington, D.C., June 3, 1869_.
A commission of citizens having been appointed under the authority of
law to cooperate with the administrative departments in the management
of Indian affairs, consisting of William Welsh, of Philadelphia; John V.
Farwell, of Chicago; George H. Stuart, of Philadelphia; Robert Campbell,
St. Louis; W.E. Dodge, New York; E.S. Tobey, Boston; Felix R. Brunot,
Pittsburg; Nathan Bishop, New York, and Henry S. Lane, of Indiana, the
following regulations will till further directions control the action of
said commission and of the Bureau of Indian Affairs in matters coming
under their joint supervision:
1. The commission will make its own organization and employ its own
clerical assistants, keeping its "necessary expenses of transportation,
subsistence, and clerk hire when actually engaged in said service"
within the amount appropriated therefor by Congress.
2. The commission shall be furnished with full opportunity to inspect
the records of the Indian Office and to obtain full information as to
the conduct of all parts of the affairs thereof.
3. They shall have full power to inspect, in person or by subcommittee,
the various Indian superintendencies and agencies in the Indian country,
to be present at payment of annuities, at consultations or councils with
the Indians, and when on the ground to advise superintendents and agents
in the performance of their duties.
4. They are authorized to be present, in person or by subcommittee, at
purchases of goods for Indian purposes, and inspect said purchases,
advising the Commissioner of Indian Affairs in regard thereto.
5. Whenever they shall deem it necessary or advisable that instructions
of superintendents or agents be changed or modified, they will
communicate such advice through the office of Commissioner of Indian
Affairs to the Secretary of the Interior, and in like manner their
advice as to changes in modes of purchasing goods or conducting the
affairs of the Indian Bureau proper. Complaints against superintendents
or agents or other officers will in the same manner be forwarded to the
Indian Bureau or Department of the Interior for action.
6. The commission will at their board meetings determine upon the
recommendations to be made as to the plans of civilizing or dealing
with the Indians, and submit the same for action in the manner above
indicated, and all plans involving the expenditure of public money will
be acted upon by the Executive or the Secretary of the Interior before
expenditure is made under the same.
7. The usual modes of accounting with the Treasury can not be changed,
and all expenditures, therefore, must be subject to the approvals now
required by law and the regulations of the Treasury Department, and all
vouchers must conform to the same laws and requirements and pass through
the ordinary channels.
8. All the officers of the Government connected with the Indian service
are enjoined to afford every facility and opportunity to said commission
and their subcommittees in the performance of their duties, and to give
the most respectful heed to their advice within the limits of such
officers' positive instructions from their superiors; to allow such
commissioners full access to their records and accounts, and to
cooperate with them in the most earnest manner to the extent of their
proper powers in the general work of civilizing the Indians, protecting
them in their legal rights, and stimulating them to become industrious
citizens in permanent homes, instead of following a roving and savage
life.
9. The commission will keep such records or minutes of their proceedings
as may be necessary to afford evidence of their action, and will provide
for the manner in which their communications with and advice to the
Government shall be made and authenticated.
U.S. GRANT.
[From the Daily Morning Chronicle, Washington, September 8, 1869.]
DEPARTMENT OF STATE, _Washington, September 7, 1869_. [4]
It is my melancholy duty to inform you that the Hon. John A. Rawlins,
Secretary of War, departed this life at twelve minutes past 4 o'clock
on yesterday afternoon. In consequence of this afflicting event the
President directs that the Executive Departments of the Government
will be careful to manifest every observance of honor which custom has
established as appropriate to the memory of one so eminent as a public
functionary and so distinguished as a citizen.
I am, sir, very respectfully, your obedient servant,
HAMILTON FISH.
[Footnote 4: Addressed to the heads of the Executive Departments.]
[From the Daily Morning Chronicle, Washington, September 8, 1869.]
DEPARTMENT OF STATE, _Washington, September 7, 1869_.
SIR:[5] I have the honor to inform you that the President directs me to
communicate to you his order that in honor of the memory of the Hon.
John A. Rawlins, late Secretary of War, who died yesterday at twelve
minutes past 4 o'clock p.m., the Executive Departments shall be draped
in mourning for a period of thirty days, and that they be closed from
the morning of the 8th instant until after the obsequies of the deceased
shall have been solemnized.
I have the honor to be, your obedient servant,
HAMILTON FISH.
[Footnote 5: Addressed to the heads of the Executive Departments.]
DEPARTMENT OF STATE, _Washington, September 7, 1869_.
The remains of the Hon. John A. Rawlins, late Secretary of War, will be
interred with military honors, under the direction of the General of the
Army, on Thursday, the 9th instant, at 10 o'clock a.m. The following
persons will officiate as pallbearers on the occasion:
Brevet Major-General Edward D. Townsend, Adjutant-General; Brevet
Major-General Randolph B. Marcy, Inspect or-General; Brevet
Major-General Joseph Holt, Judge-Advocate-General; Brevet Major-General
Montgomery C. Meigs, Quartermaster-General; Brevet Major-General Amos B.
Eaton, Commissary-General; Brevet Major-General Joseph K. Barnes,
Surgeon-General; Brevet Major-General B.W. Brice, Paymaster-General;
Brevet Major-General A.A. Humphreys, Chief of Engineers; Brevet
Major-General Alexander B. Dyer, Chief of Ordnance; Brevet
Brigadier-General Albert J. Myer, Chief Signal Officer; Brevet
Major-General O.O. Howard; Brevet Major-General John E. Smith; Commodore
Melancton Smith, Chief Bureau Equipment; Brigadier-General Jacob Zeilin,
Marine Corps; Brigadier-General Giles A. Smith, Second Assistant
Postmaster-General; Hon. Sayles J. Bowen, mayor of Washington.
On the day of the funeral the customary number of guns will be fired
from all arsenals, forts, and navy-yards in the United States and from
the Military and Naval Academies. Flags will be kept at half-mast,
custom-houses closed, and all public work suspended during the day.
The General of the Army and heads of the several Executive Departments
will issue the orders necessary for carrying these directions into
effect.
By order of the President:
HAMILTON FISH, _Secretary of State_.
GENERAL ORDERS, No. 69.
HEADQUARTERS OF THE ARMY,
ADJUTANT-GENERAL'S OFFICE,
_Washington, October 9, 1869_.
I. The following order of the President has been received from the War
Department:
EXECUTIVE MANSION, _Washington, October 8, 1869_.
The painful duty devolves upon the President of announcing to the people
of the United States the death of one of his honored predecessors,
Franklin Pierce, which occurred at Concord early this morning.
Eminent in the public councils and universally beloved in private life,
his death will be mourned with a sorrow befitting the loss which his
country sustains in his decease.
As a mark of respect to his memory, it is ordered that the Executive
Mansion and the several Departments at Washington be draped in mourning,
and all business suspended on the day of the funeral.
It is further ordered that the War and Navy Departments cause suitable
military and naval honors to be paid on the occasion to the memory of
this illustrious citizen who has passed from us.
U.S. GRANT.
II. In compliance with the instructions of the President and of the
Secretary of War, on the day after the receipt of this order at each
military post the troops will be paraded at 10 o'clock a.m. and the
order read to them, after which all labors for the day will cease.
The national flag will be displayed at half-staff.
At dawn of day thirteen guns will be fired, and afterwards at intervals
of thirty minutes between the rising and setting sun a single gun, and
at the close of the day a national salute of thirty-seven guns.
The officers of the Army will wear crape on the left arm and on their
swords and the colors of the several regiments will be put in mourning
for the period of thirty days.
By command of General Sherman:
J.C. KELTON,
_Assistant Adjutant-General_.
GENERAL ORDER.
NAVY DEPARTMENT, _Washington, October 9, 1869_.
The death of ex-President Franklin Pierce is announced in the following
order of the President of the United States:
[For order see preceding page.]
In pursuance of the foregoing order, it is hereby directed that
twenty-one guns be fired, at intervals of one minute each, at the
several navy-yards and stations, on the day of the funeral where this
order may be received in time, otherwise on the day after its receipt,
commencing at noon, and also on board the flagships in each fleet. The
flags at the several navy-yards, naval stations, marine barracks, and
vessels in commission will be placed at half-mast from sunrise to sunset
on the day when the minute guns are fired.
All officers of the Navy and Marine Corps will wear the usual badge of
mourning attached to the sword hilt and on the left arm for thirty days.
GEO. M. ROBESON, _Secretary of the Navy_.
BY THE PRESIDENT OF THE UNITED STATES.
EXECUTIVE ORDER.
WASHINGTON, _October 19, 1869_.
All communications in writing intended for the executive department
of this Government and relating to public business of whatever kind,
including suggestions for legislation, claims, contracts, employment,
appointments, and removals from office, and pardons, must be transmitted
through the Department to which the care of the subject-matter of the
communication properly belongs. Communications otherwise transmitted
will not receive attention.
By order of the President:
HAMILTON FISH, _Secretary of State_.
FIRST ANNUAL MESSAGE.
EXECUTIVE MANSION, _Washington, D.C., December 6, 1869_.
_To the Senate and House of Representatives_:
In coming before you for the first time as Chief Magistrate of this
great nation, it is with gratitude to the Giver of All Good for the many
benefits we enjoy. We are blessed with peace at home, and are without
entangling alliances abroad to forebode trouble; with a territory
unsurpassed in fertility, of an area equal to the abundant support of
500,000,000 people, and abounding in every variety of useful mineral in
quantity sufficient to supply the world for generations; with exuberant
crops; with a variety of climate adapted to the production of every
species of earth's riches and suited to the habits, tastes, and
requirements of every living thing; with a population of 40,000,000 free
people, all speaking one language; with facilities for every mortal to
acquire an education; with institutions closing to none the avenues to
fame or any blessing of fortune that may be coveted; with freedom of
the pulpit, the press, and the school; with a revenue flowing into the
National Treasury beyond the requirements of the Government. Happily,
harmony is being rapidly restored within our own borders. Manufactures
hitherto unknown in our country are springing up in all sections,
producing a degree of national independence unequaled by that of any
other power.
These blessings and countless others are intrusted to your care and
mine for safe-keeping for the brief period of our tenure of office.
In a short time we must, each of us, return to the ranks of the people,
who have conferred upon us our honors, and account to them for our
stewardship. I earnestly desire that neither you nor I may be condemned
by a free and enlightened constituency nor by our own consciences.
Emerging from a rebellion of gigantic magnitude, aided, as it was,
by the sympathies and assistance of nations with which we were at
peace, eleven States of the Union were, four years ago, left without
legal State governments. A national debt had been contracted; American
commerce was almost driven from the seas; the industry of one-half of
the country had been taken from the control of the capitalist and placed
where all labor rightfully belongs--in the keeping of the laborer. The
work of restoring State governments loyal to the Union, of protecting
and fostering free labor, and providing means for paying the interest
on the public debt has received ample attention from Congress. Although
your efforts have not met with the success in all particulars that might
have been desired, yet on the whole they have been more successful than
could have been reasonably anticipated.
Seven States which passed ordinances of secession have been fully
restored to their places in the Union. The eighth (Georgia) held an
election at which she ratified her constitution, republican in form,
elected a governor, Members of Congress, a State legislature, and all
other officers required. The governor was duly installed, and the
legislature met and performed all the acts then required of them by the
reconstruction acts of Congress. Subsequently, however, in violation of
the constitution which they had just ratified (as since decided by the
supreme court of the State), they unseated the colored members of the
legislature and admitted to seats some members who are disqualified by
the third clause of the fourteenth amendment to the Constitution--an
article which they themselves had contributed to ratify. Under these
circumstances I would submit to you whether it would not be wise,
without delay, to enact a law authorizing the governor of Georgia to
convene the members originally elected to the legislature, requiring
each member to take the oath prescribed by the reconstruction acts, and
none to be admitted who are ineligible under the third clause of the
fourteenth amendment.
The freedmen, under the protection which they have received, are making
rapid progress in learning, and no complaints are heard of lack of
industry on their part where they receive fair remuneration for their
labor. The means provided for paying the interest on the public debt,
with all other expenses of Government, are more than ample. The loss
of our commerce is the only result of the late rebellion which has not
received sufficient attention from you. To this subject I call your
earnest attention. I will not now suggest plans by which this object may
be effected, but will, if necessary, make it the subject of a special
message during the session of Congress.
At the March term Congress by joint resolution authorized the Executive
to order elections in the States of Virginia, Mississippi, and Texas, to
submit to them the constitutions which each had previously, in convention,
framed, and submit the constitutions, either entire or in separate
parts, to be voted upon, at the discretion of the Executive. Under this
authority elections were called. In Virginia the election took place on
the 6th of July, 1869. The governor and lieutenant-governor elected
have been installed. The legislature met and did all required by this
resolution and by all the reconstruction acts of Congress, and abstained
from all doubtful authority. I recommend that her Senators and
Representatives be promptly admitted to their seats, and that the State
be fully restored to its place in the family of States. Elections were
called in Mississippi and Texas, to commence on the 30th of November,
1869, and to last two days in Mississippi and four days in Texas. The
elections have taken place, but the result is not known. It is to be
hoped that the acts of the legislatures of these States, when they meet,
will be such as to receive your approval, and thus close the work of
reconstruction.
Among the evils growing out of the rebellion, and not yet referred to,
is that of an irredeemable currency. It is an evil which I hope will
receive your most earnest attention. It is a duty, and one of the
highest duties, of Government to secure to the citizen a medium of
exchange of fixed, unvarying value. This implies a return to a specie
basis, and no substitute for it can be devised. It should be commenced
now and reached at the earliest practicable moment consistent with a
fair regard to the interests of the debtor class. Immediate resumption,
if practicable, would not be desirable. It would compel the debtor class
to pay, beyond their contracts, the premium on gold at the date of their
purchase, and would bring bankruptcy and ruin to thousands. Fluctuation,
however, in the paper value of the measure of all values (gold) is
detrimental to the interests of trade. It makes the man of business an
involuntary gambler, for in all sales where future payment is to be made
both parties speculate as to what will be the value of the currency
to be paid and received. I earnestly recommend to you, then, such
legislation as will insure a gradual return to specie payments and put
an immediate stop to fluctuations in the value of currency.
The methods to secure the former of these results are as numerous as are
the speculators on political economy. To secure the latter I see but one
way, and that is to authorize the Treasury to redeem its own paper, at
a fixed price, whenever presented, and to withhold from circulation all
currency so redeemed until sold again for gold.
The vast resources of the nation, both developed and undeveloped, ought
to make our credit the best on earth. With a less burden of taxation
than the citizen has endured for six years past, the entire public debt
could be paid in ten years. But it is not desirable that the people
should be taxed to pay it in that time. Year by year the ability to pay
increases in a rapid ratio. But the burden of interest ought to be
reduced as rapidly as can be done without the violation of contract.
The public debt is represented in great part by bonds having from five
to twenty and from ten to forty years to run, bearing interest at the
rate of 6 per cent and 5 per cent, respectively. It is optional with the
Government to pay these bonds at any period after the expiration of the
least time mentioned upon their face. The time has already expired when
a great part of them may be taken up, and is rapidly approaching when
all may be. It is believed that all which are now due may be replaced by
bonds bearing a rate of interest not exceeding 4-1/2 per cent, and as
rapidly as the remainder become due that they may be replaced in the
same way. To accomplish this it may be necessary to authorize the
interest to be paid at either of three or four of the money centers
of Europe, or by any assistant treasurer of the United States, at
the option of the holder of the bond. I suggest this subject for the
consideration of Congress, and also, simultaneously with this, the
propriety of redeeming our currency, as before suggested, at its market
value at the time the law goes into effect, increasing the rate at which
currency shall be bought and sold from day to day or week to week, at
the same rate of interest as Government pays upon its bonds.
The subjects of tariff and internal taxation will necessarily receive
your attention. The revenues of the country are greater than the
requirements, and may with safety be reduced. But as the funding of
the debt in a 4 or a 4-1/2 per cent loan would reduce annual current
expenses largely, thus, after funding, justifying a greater reduction
of taxation than would be now expedient, I suggest postponement of this
question until the next meeting of Congress.
It may be advisable to modify taxation and tariff in instances where
unjust or burdensome discriminations are made by the present laws, but
a general revision of the laws regulating this subject I recommend the
postponement of for the present. I also suggest the renewal of the tax
on incomes, but at a reduced rate, say of 3 per cent, and this tax to
expire in three years.
With the funding of the national debt, as here suggested, I feel safe in
saying that taxes and the revenue from imports may be reduced safely
from sixty to eighty millions per annum at once, and may be still
further reduced from year to year, as the resources of the country are
developed.
The report of the Secretary of the Treasury shows the receipts of the
Government for the fiscal year ending June 30, 1869, to be $370,943,747,
and the expenditures, including interest, bounties, etc., to be
$321,490,597. The estimates for the ensuing year are more favorable to
the Government, and will no doubt show a much larger decrease of the
public debt.
The receipts in the Treasury beyond expenditures have exceeded
the amount necessary to place to the credit of the sinking fund, as
provided by law. To lock up the surplus in the Treasury and withhold it
from circulation would lead to such a contraction of the currency as to
cripple trade and seriously affect the prosperity of the country. Under
these circumstances the Secretary of the Treasury and myself heartily
concurred in the propriety of using all the surplus currency in the
Treasury in the purchase of Government bonds, thus reducing the
interest-bearing indebtedness of the country, and of submitting to
Congress the question of the disposition to be made of the bonds
so purchased. The bonds now held by the Treasury amount to about
seventy-five millions, including those belonging to the sinking fund.
I recommend that the whole be placed to the credit of the sinking fund.
Your attention is respectfully invited to the recommendations of the
Secretary of the Treasury for the creation of the office of commissioner
of customs revenue; for the increase of salaries to certain classes of
officials; the substitution of increased national-bank circulation to
replace the outstanding 3 per cent certificates; and most especially to
his recommendation for the repeal of laws allowing shares of fines,
penalties, forfeitures, etc., to officers of the Government or to
informers.
The office of Commissioner of Internal Revenue is one of the most
arduous and responsible under the Government. It falls but little, if
any, short of a Cabinet position in its importance and responsibilities.
I would ask for it, therefore, such legislation as in your judgment
will place the office upon a footing of dignity commensurate with its
importance and with the character and qualifications of the class of
men required to fill it properly.
As the United States is the freest of all nations, so, too, its people
sympathize with all people struggling for liberty and self-government;
but while so sympathizing it is due to our honor that we should abstain
from enforcing our views upon unwilling nations and from taking an
interested part, _without invitation_, in the quarrels between different
nations or between governments and their subjects. Our course should
always be in conformity with strict justice and law, international and
local. Such has been the policy of the Administration in dealing with
these questions. For more than a year a valuable province of Spain, and
a near neighbor of ours, in whom all our people can not but feel a deep
interest, has been struggling for independence and freedom. The people
and Government of the United States entertain the same warm feelings
and sympathies for the people of Cuba in their pending struggle that
they manifested throughout the previous struggles between Spain and
her former colonies in behalf of the latter. But the contest has at
no time assumed the conditions which amount to a war in the sense of
international law, or which would show the existence of a _de facto_
political organization of the insurgents sufficient to justify a
recognition of belligerency.
The principle is maintained, however, that this nation is its own judge
when to accord the rights of belligerency, either to a people struggling
to free themselves from a government they believe to be oppressive or to
independent nations at war with each other.
The United States have no disposition to interfere with the existing
relations of Spain to her colonial possessions on this continent. They
believe that in due time Spain and other European powers will find their
interest in terminating those relations and establishing their present
dependencies as independent powers--members of the family of nations.
These dependencies are no longer regarded as subject to transfer from
one European power to another. When the present relation of colonies
ceases, they are to become independent powers, exercising the right of
choice and of self-control in the determination of their future
condition and relations with other powers.
The United States, in order to put a stop to bloodshed in Cuba, and in
the interest of a neighboring people, proposed their good offices to
bring the existing contest to a termination. The offer, not being
accepted by Spain on a basis which we believed could be received by
Cuba, was withdrawn. It is hoped that the good offices of the United
States may yet prove advantageous for the settlement of this unhappy
strife. Meanwhile a number of illegal expeditions against Cuba have been
broken up. It has been the endeavor of the Administration to execute the
neutrality laws in good faith, no matter how unpleasant the task, made
so by the sufferings we have endured from lack of like good faith toward
us by other nations.
On the 26th of March last the United States schooner _Lizzie Major_ was
arrested on the high seas by a Spanish frigate, and two passengers taken
from it and carried as prisoners to Cuba. Representations of these facts
were made to the Spanish Government as soon as official information of
them reached Washington. The two passengers were set at liberty, and the
Spanish Government assured the United States that the captain of the
frigate in making the capture had acted without law, that he had been
reprimanded for the irregularity of his conduct, and that the Spanish
authorities in Cuba would not sanction any act that could violate the
rights or treat with disrespect the sovereignty of this nation.
The question of the seizure of the brig _Mary Lowell_ at one of
the Bahama Islands by Spanish authorities is now the subject of
correspondence between this Government and those of Spain and Great
Britain.
The Captain-General of Cuba about May last issued a proclamation
authorizing search to be made of vessels on the high seas. Immediate
remonstrance was made against this, whereupon the Captain-General issued
a new proclamation limiting the right of search to vessels of the United
States so far as authorized under the treaty of 1795. This proclamation,
however, was immediately withdrawn.
I have always felt that the most intimate relations should be cultivated
between the Republic of the United States and all independent nations on
this continent. It may be well worth considering whether new treaties
between us and them may not be profitably entered into, to secure more
intimate relations--friendly, commercial, and otherwise.
The subject of an interoceanic canal to connect the Atlantic and Pacific
oceans through the Isthmus of Darien is one in which commerce is greatly
interested. Instructions have been given to our minister to the Republic
of the United States of Colombia to endeavor to obtain authority for a
survey by this Government, in order to determine the practicability of
such an undertaking, and a charter for the right of way to build, by
private enterprise, such a work, if the survey proves it to be
practicable.
In order to comply with the agreement of the United States as to a
mixed commission at Lima for the adjustment of claims, it became
necessary to send a commissioner and secretary to Lima in August last.
No appropriation having been made by Congress for this purpose, it is
now asked that one be made covering the past and future expenses of the
commission.
The good offices of the United States to bring about a peace between
Spain and the South American Republics with which she is at war having
been accepted by Spain, Peru, and Chile, a congress has been invited to
be held in Washington during the present winter.
A grant has been given to Europeans of an exclusive right of transit
over the territory of Nicaragua, to which Costa Rica has given its
assent, which, it is alleged, conflicts with vested rights of citizens
of the United States. The Department of State has now this subject under
consideration.
The minister of Peru having made representations that there was a state
of war between Peru and Spain, and that Spain was constructing, in and
near New York, thirty gunboats, which might be used by Spain in such a
way as to relieve the naval force at Cuba, so as to operate against
Peru, orders were given to prevent their departure. No further steps
having been taken by the representative of the Peruvian Government to
prevent the departure of these vessels, and I not feeling authorized to
detain the property of a nation with which we are at peace on a mere
Executive order, the matter has been referred to the courts to decide.
The conduct of the war between the allies and the Republic of Paraguay
has made the intercourse with that country so difficult that it has been
deemed advisable to withdraw our representative from there.
Toward the close of the last Administration a convention was
signed at London for the settlement of all outstanding claims between
Great Britain and the United States, which failed to receive the
advice and consent of the Senate to its ratification. The time and the
circumstances attending the negotiation of that treaty were unfavorable
to its acceptance by the people of the United States, and its provisions
were wholly inadequate for the settlement of the grave wrongs that had
been sustained by this Government, as well as by its citizens. The
injuries resulting to the United States by reason of the course adopted
by Great Britain during our late civil war--in the increased rates
of insurance; in the diminution of exports and imports, and other
obstructions to domestic industry and production; in its effect upon the
foreign commerce of the country; in the decrease and transfer to Great
Britain of our commercial marine; in the prolongation of the war and the
increased cost (both in treasure and in lives) of its suppression--could
not be adjusted and satisfied as ordinary commercial claims, which
continually arise between commercial nations; and yet the convention
treated them simply as such ordinary claims, from which they differ more
widely in the gravity of their character than in the magnitude of their
amount, great even as is that difference. Not a word was found in the
treaty, and not an inference could be drawn from it, to remove the sense
of the unfriendliness of the course of Great Britain in our struggle for
existence, which had so deeply and universally impressed itself upon the
people of this country.
Believing that a convention thus misconceived in its scope and
inadequate in its provisions would not have produced the hearty, cordial
settlement of pending questions, which alone is consistent with the
relations which I desire to have firmly established between the United
States and Great Britain, I regarded the action of the Senate in
rejecting the treaty to have been wisely taken in the interest of peace
and as a necessary step in the direction of a perfect and cordial
friendship between the two countries. A sensitive people, conscious of
their power, are more at ease under a great wrong wholly unatoned than
under the restraint of a settlement which satisfies neither their ideas
of justice nor their grave sense of the grievance they have sustained.
The rejection of the treaty was followed by a state of public feeling on
both sides which I thought not favorable to an immediate attempt at
renewed negotiations. I accordingly so instructed the minister of the
United States to Great Britain, and found that my views in this regard
were shared by Her Majesty's ministers. I hope that the time may soon
arrive when the two Governments can approach the solution of this
momentous question with an appreciation of what is due to the rights,
dignity, and honor of each, and with the determination not only to
remove the causes of complaint in the past, but to lay the foundation of
a broad principle of public law which will prevent future differences
and tend to firm and continued peace and friendship.
This is now the only grave question which the United States has with any
foreign nation.
The question of renewing a treaty for reciprocal trade between the
United States and the British Provinces on this continent has not been
favorably considered by the Administration. The advantages of such a
treaty would be wholly in favor of the British producer. Except,
possibly, a few engaged in the trade between the two sections, no
citizen of the United States would be benefited by reciprocity. Our
internal taxation would prove a protection to the British producer
almost equal to the protection which our manufacturers now receive from
the tariff. Some arrangement, however, for the regulation of commercial
intercourse between the United States and the Dominion of Canada may be
desirable.
The commission for adjusting the claims of the "Hudsons Bay and Puget
Sound Agricultural Company" upon the United States has terminated
its labors. The award of $650,000 has been made and all rights and
titles of the company on the territory of the United States have been
extinguished. Deeds for the property of the company have been delivered.
An appropriation by Congress to meet this sum is asked.
The commissioners for determining the northwestern land boundary between
the United States and the British possessions under the treaty of 1856
have completed their labors, and the commission has been dissolved.
In conformity with the recommendation of Congress, a proposition was
early made to the British Government to abolish the mixed courts created
under the treaty of April 7, 1862, for the suppression of the slave
trade. The subject is still under negotiation.
It having come to my knowledge that a corporate company, organized under
British laws, proposed to land upon the shores of the United States and
to operate there a submarine cable, under a concession from His Majesty
the Emperor of the French of an exclusive right for twenty years of
telegraphic communication between the shores of France and the United
States, with the very objectionable feature of subjecting all messages
conveyed thereby to the scrutiny and control of the French Government,
I caused the French and British legations at Washington to be made
acquainted with the probable policy of Congress on this subject, as
foreshadowed by the bill which passed the Senate in March last. This
drew from the representatives of the company an agreement to accept as
the basis of their operations the provisions of that bill, or of such
other enactment on the subject as might be passed during the approaching
session of Congress; also, to use their influence to secure from the
French Government a modification of their concession, so as to permit
the landing upon French soil of any cable belonging to any company
incorporated by the authority of the United States or of any State in
the Union, and, on their part, not to oppose the establishment of any
such cable. In consideration of this agreement I directed the withdrawal
of all opposition by the United States authorities to the landing of the
cable and to the working of it until the meeting of Congress. I regret
to say that there has been no modification made in the company's
concession, nor, so far as I can learn, have they attempted to secure
one. Their concession excludes the capital and the citizens of the
United States from competition upon the shores of France. I recommend
legislation to protect the rights of citizens of the United States,
as well as the dignity and sovereignty of the nation, against such
an assumption. I shall also endeavor to secure, by negotiation, an
abandonment of the principle of monopolies in ocean telegraphic cables.
Copies of this correspondence are herewith furnished.
The unsettled political condition of other countries, less fortunate
than our own, sometimes induces their citizens to come to the United
States for the sole purpose of becoming naturalized. Having secured
this, they return to their native country and reside there, without
disclosing their change of allegiance. They accept official positions of
trust or honor, which can only be held by citizens of their native land;
they journey under passports describing them as such citizens; and it
is only when civil discord, after perhaps years of quiet, threatens
their persons or their property, or when their native state drafts them
into its military service, that the fact of their change of allegiance
is made known. They reside permanently away from the United States,
they contribute nothing to its revenues, they avoid the duties of
its citizenship, and they only make themselves known by a claim of
protection. I have directed the diplomatic and consular officers of the
United States to scrutinize carefully all such claims for protection.
The citizen of the United States, whether native or adopted, who
discharges his duty to his country, is entitled to its complete
protection. While I have a voice in the direction of affairs I shall not
consent to imperil this sacred right by conferring it upon fictitious or
fraudulent claimants.
On the accession of the present Administration it was found that the
minister for North Germany had made propositions for the negotiation
of a convention for the protection of emigrant passengers, to which no
response had been given. It was concluded that to be effectual all the
maritime powers engaged in the trade should join in such a measure.
Invitations have been extended to the cabinets of London, Paris,
Florence, Berlin, Brussels, The Hague, Copenhagen, and Stockholm to
empower their representatives at Washington to simultaneously enter
into negotiations and to conclude with the United States conventions
identical in form, making uniform regulations as to the construction of
the parts of vessels to be devoted to the use of emigrant passengers, as
to the quality and quantity of food, as to the medical treatment of the
sick, and as to the rules to be observed during the voyage, in order
to secure ventilation, to promote health, to prevent intrusion, and to
protect the females; and providing for the establishment of tribunals in
the several countries for enforcing such regulations by summary process.
Your attention is respectfully called to the law regulating the tariff
on Russian hemp, and to the question whether to fix the charges on
Russian hemp higher than they are fixed upon manila is not a violation
of our treaty with Russia placing her products upon the same footing
with those of the most favored nations.
Our manufactures are increasing with wonderful rapidity under the
encouragement which they now receive. With the improvements in machinery
already effected, and still increasing, causing machinery to take the
place of skilled labor to a large extent, our imports of many articles
must fall off largely within a very few years. Fortunately, too,
manufactures are not confined to a few localities, as formerly, and it
is to be hoped will become more and more diffused, making the interest
in them equal in all sections. They give employment and support to
hundreds of thousands of people at home, and retain with us the means
which otherwise would be shipped abroad. The extension of railroads in
Europe and the East is bringing into competition with our agricultural
products like products of other countries. Self-interest, if not
self-preservation, therefore dictates caution against disturbing any
industrial interest of the country. It teaches us also the necessity of
looking to other markets for the sale of our surplus. Our neighbors
south of us, and China and Japan, should receive our special attention.
It will be the endeavor of the Administration to cultivate such
relations with all these nations as to entitle us to their confidence
and make it their interest, as well as ours, to establish better
commercial relations.
Through the agency of a more enlightened policy than that heretofore
pursued toward China, largely due to the sagacity and efforts of one of
our own distinguished citizens, the world is about to commence largely
increased relations with that populous and hitherto exclusive nation.
As the United States have been the initiators in this new policy, so
they should be the most earnest in showing their good faith in making it
a success. In this connection I advise such legislation as will forever
preclude the enslavement of the Chinese upon our soil under the name
of coolies, and also prevent American vessels from engaging in the
transportation of coolies to any country tolerating the system. I also
recommend that the mission to China be raised to one of the first class.
On my assuming the responsible duties of Chief Magistrate of the United
States it was with the conviction that three things were essential to
its peace, prosperity, and fullest development. First among these is
strict integrity in fulfilling all our obligations; second, to secure
protection to the person and property of the citizen of the United
States in each and every portion of our common country, wherever he may
choose to move, without reference to original nationality, religion,
color, or politics, demanding of him only obedience to the laws and
proper respect for the rights of others; third, union of all the States,
with equal rights, indestructible by any constitutional means.
To secure the first of these, Congress has taken two essential steps:
First, in declaring by joint resolution that the public debt shall be
paid, principal and interest, in coin; and, second, by providing the
means for paying. Providing the means, however, could not secure the
object desired without a proper administration of the laws for the
collection of the revenues and an economical disbursement of them.
To this subject the Administration has most earnestly addressed
itself, with results, I hope, satisfactory to the country. There has
been no hesitation in changing officials in order to secure an efficient
execution of the laws, sometimes, too, when, in a mere party view,
undesirable political results were likely to follow; nor any hesitation
in sustaining efficient officials against remonstrances wholly
political.
It may be well to mention here the embarrassment possible to arise from
leaving on the statute books the so-called "tenure-of-office acts," and
to earnestly recommend their total repeal. It could not have been the
intention of the framers of the Constitution, when providing that
appointments made by the President should receive the consent of the
Senate, that the latter should have the power to retain in office
persons placed there by Federal appointment against the will of the
President. The law is inconsistent with a faithful and efficient
administration of the Government. What faith can an Executive put in
officials forced upon him, and those, too, whom he has suspended for
reason? How will such officials be likely to serve an Administration
which they know does not trust them?
For the second requisite to our growth and prosperity time and a firm
but humane administration of existing laws (amended from time to time as
they may prove ineffective or prove harsh and unnecessary) are probably
all that are required.
The third can not be attained by special legislation, but must be
regarded as fixed by the Constitution itself and gradually acquiesced in
by force of public opinion.
From the foundation of the Government to the present the management
of the original inhabitants of this continent--the Indians--has been
a subject of embarrassment and expense, and has been attended with
continuous robberies, murders, and wars. From my own experience upon
the frontiers and in Indian countries, I do not hold either legislation
or the conduct of the whites who come most in contact with the Indian
blameless for these hostilities. The past, however, can not be undone,
and the question must be met as we now find it. I have attempted a new
policy toward these wards of the nation (they can not be regarded in any
other light than as wards), with fair results so far as tried, and which
I hope will be attended ultimately with great success. The Society of
Friends is well known as having succeeded in living in peace with the
Indians in the early settlement of Pennsylvania, while their white
neighbors of other sects in other sections were constantly embroiled.
They are also known for their opposition to all strife, violence,
and war, and are generally noted for their strict integrity and fair
dealings. These considerations induced me to give the management of
a few reservations of Indians to them and to throw the burden of the
selection of agents upon the society itself. The result has proven most
satisfactory. It will De found more fully set forth in the report of the
Commissioner of Indian Affairs. For superintendents and Indian agents
not on the reservations, officers of the Army were selected. The reasons
for this are numerous. Where Indian agents are sent, there, or near
there, troops must be sent also. The agent and the commander of troops
are independent of each other, and are subject to orders from different
Departments of the Government. The army officer holds a position for
life; the agent, one at the will of the President. The former is
personally interested in living in harmony with the Indian and in
establishing a permanent peace, to the end that some portion of his life
may be spent within the limits of civilized society; the latter has no
such personal interest. Another reason is an economic one; and still
another, the hold which the Government has upon a life officer to secure
a faithful discharge of duties in carrying out a given policy.
The building of railroads, and the access thereby given to all the
agricultural and mineral regions of the country, is rapidly bringing
civilized settlements into contact with all the tribes of Indians. No
matter what ought to be the relations between such settlements and the
aborigines, the fact is they do not harmonize well, and one or the other
has to give way in the end. A system which looks to the extinction of a
race is too horrible for a nation to adopt without entailing upon itself
the wrath of all Christendom and engendering in the citizen a disregard
for human life and the rights of others, dangerous to society. I see no
substitute for such a system, except in placing all the Indians on large
reservations, as rapidly as it can be done, and giving them absolute
protection there. As soon as they are fitted for it they should be
induced to take their lands in severalty and to set up Territorial
governments for their own protection. For full details on this subject
I call your special attention to the reports of the Secretary of the
Interior and the Commissioner of Indian Affairs.
The report of the Secretary of War shows the expenditures of the War
Department for the year ending June 30, 1869, to be $80,644,042, of
which $23,882,310 was disbursed in the payment of debts contracted
during the war, and is not chargeable to current army expenses. His
estimate of $34,531,031 for the expenses of the Army for the next fiscal
year is as low as it is believed can be relied on. The estimates of
bureau officers have been carefully scrutinized, and reduced wherever it
has been deemed practicable. If, however, the condition of the country
should be such by the beginning of the next fiscal year as to admit of a
greater concentration of troops, the appropriation asked for will not be
expended.
The appropriations estimated for river and harbor improvements and for
fortifications are submitted separately. Whatever amount Congress may
deem proper to appropriate for these purposes will be expended.
The recommendation of the General of the Army that appropriations be
made for the forts at Boston, Portland, New York, Philadelphia, New
Orleans, and San Francisco, if for no other, is concurred in. I also ask
your special attention to the recommendation of the general commanding
the Military Division of the Pacific for the sale of the seal islands of
St. Paul and St. George, Alaska Territory, and suggest that it either be
complied with or that legislation be had for the protection of the seal
fisheries from which a revenue should be derived.
The report of the Secretary of War contains a synopsis of the reports of
the heads of bureaus, of the commanders of military divisions, and of
the districts of Virginia, Mississippi, and Texas, and the report of the
General of the Army in full. The recommendations therein contained have
been well considered, and are submitted for your action. I, however,
call special attention to the recommendation of the Chief of Ordnance
for the sale of arsenals and lands no longer of use to the Government;
also, to the recommendation of the Secretary of War that the act of 3d
March, 1869, prohibiting promotions and appointments in the staff corps
of the Army, be repealed. The extent of country to be garrisoned and the
number of military posts to be occupied is the same with a reduced Army
as with a large one. The number of staff officers required is more
dependent upon the latter than the former condition.
The report of the Secretary of the Navy accompanying this shows the
condition of the Navy when this Administration came into office and the
changes made since. Strenuous efforts have been made to place as many
vessels "in commission," or render them fit for service if required, as
possible, and to substitute the sail for steam while cruising, thus
materially reducing the expenses of the Navy and adding greatly to its
efficiency. Looking to our future, I recommend a liberal, though not
extravagant, policy toward this branch of the public service.
The report of the Postmaster-General furnishes a clear and comprehensive
exhibit of the operations of the postal service and of the financial
condition of the Post Office Department. The ordinary postal revenues
for the year ending the 30th of June, 1869, amounted to $18,344,510, and
the expenditures to $23,698,131, showing an excess of expenditures over
receipts of $5,353,620. The excess of expenditures over receipts for the
previous year amounted to $6,437,992. The increase of revenues for 1869
over those of 1868 was $2,051,909, and the increase of expenditures was
$967,538. The increased revenue in 1869 exceeded the increased revenue
in 1868 by $996,336, and the increased expenditure in 1869 was
$2,527,570 less than the increased expenditure in 1868, showing by
comparison this gratifying feature of improvement, that while the
increase of expenditures over the increase of receipts in 1868 was
$2,439,535, the increase of receipts over the increase of expenditures
in 1869 was $1,084,371.
Your attention is respectfully called to the recommendations made by the
Postmaster-General for authority to change the rate of compensation to
the main trunk railroad lines for their services in carrying the mails;
for having post-route maps executed; for reorganizing and increasing the
efficiency of the special-agency service; for increase of the mail
service on the Pacific, and for establishing mail service, under the
flag of the Union, on the Atlantic; and most especially do I call your
attention to his recommendation for the total abolition of the franking
privilege. This is an abuse from which no one receives a commensurate
advantage; it reduces the receipts for postal service from 25 to 30 per
cent and largely increases the service to be performed. The method by
which postage should be paid upon public matter is set forth fully in
the report of the Postmaster-General.
The report of the Secretary of the Interior shows that the quantity of
public lands disposed of during the year ending the 30th of June, 1869,
was 7,666,152 acres, exceeding that of the preceding year by 1,010,409
acres. Of this amount 2,899,544 acres were sold for cash and 2,737,365
acres entered under the homestead laws. The remainder was granted to aid
in the construction of works of internal improvement, approved to the
States as swamp land, and located with warrants and scrip. The cash
receipts from all sources were $4,472,886, exceeding those of the
preceding year $2,840,140.
During the last fiscal year 23,196 names were added to the pension rolls
and 4,876 dropped therefrom, leaving at its close 187,963. The amount
paid to pensioners, including the compensation of disbursing agents, was
$28,422,884, an increase of $4,411,902 on that of the previous year.
The munificence of Congress has been conspicuously manifested in its
legislation for the soldiers and sailors who suffered in the recent
struggle to maintain "that unity of government which makes us one
people." The additions to the pension rolls of each successive year
since the conclusion of hostilities result in a great degree from the
repeated amendments of the act of the 14th of July, 1862, which extended
its provisions to cases not falling within its original scope. The large
outlay which is thus occasioned is further increased by the more liberal
allowance bestowed since that date upon those who in the line of duty
were wholly or permanently disabled. Public opinion has given an
emphatic sanction to these measures of Congress, and it will be conceded
that no part of our public burden is more cheerfully borne than that
which is imposed by this branch of the service. It necessitates for the
next fiscal year, in addition to the amount justly chargeable to the
naval pension fund, an appropriation of $30,000,000.
During the year ending the 30th of September, 1869, the Patent Office
issued 13,762 patents, and its receipts were $686,389, being $213,926
more than the expenditures.
I would respectfully call your attention to the recommendation of the
Secretary of the Interior for uniting the duties of supervising the
education of freedmen with the other duties devolving upon the
Commissioner of Education.
If it is the desire of Congress to make the census which must be taken
during the year 1870 more complete and perfect than heretofore, I would
suggest early action upon any plan that may be agreed upon. As Congress
at the last session appointed a committee to take into consideration
such measures as might be deemed proper in reference to the census and
report a plan, I desist from saying more.
I recommend to your favorable consideration the claims of the
Agricultural Bureau for liberal appropriations. In a country so
diversified in climate and soil as ours, and with a population so
largely dependent upon agriculture, the benefits that can be conferred
by properly fostering this Bureau are incalculable.
I desire respectfully to call the attention of Congress to the
inadequate salaries of a number of the most important offices of the
Government. In this message I will not enumerate them, but will specify
only the justices of the Supreme Court. No change has been made in their
salaries for fifteen years. Within that time the labors of the court
have largely increased and the expenses of living have at least doubled.
During the same time Congress has twice found it necessary to increase
largely the compensation of its own members, and the duty which it owes
to another department of the Government deserves, and will undoubtedly
receive, its due consideration.
There are many subjects not alluded to in this message which might with
propriety be introduced, but I abstain, believing that your patriotism
and statesmanship will suggest the topics and the legislation most
conducive to the interests of the whole people. On my part I promise
a rigid adherence to the laws and their strict enforcement.
U.S. GRANT.
SPECIAL MESSAGES.
WASHINGTON, _December 6, 1869_.
_To the Senate of the United States_:
I submit to the Senate, for its consideration with a view to
ratification, an additional article to the convention of the 24th of
October, 1867, between the United States of America and His Majesty the
King of Denmark.
U.S. GRANT.
WASHINGTON, _December 6, 1869_
_To the Senate of the United States_:
I submit to the Senate, for its consideration with a view to
ratification, a convention between the United States and His Hawaiian
Majesty, signed in this city on the 8th day of May last, providing for
the extension of the term for the exchange of the ratifications of the
convention for commercial reciprocity between the same parties, signed
on the 21st day of May, 1867.
U.S. GRANT.
WASHINGTON, _December 6, 1869_.
_To the Senate of the United States_:
I submit to the Senate, for its consideration with a view to
ratification, a protocol, signed in this city on the 23d of October
last, to the convention upon the subject of claims between the United
States and the Mexican Republic, signed the 4th of July, 1868.
U.S. GRANT.
WASHINGTON, _December 7, 1869_.
_To the Senate of the United States_:
I transmit, for the consideration of the Senate, the accompanying copy
of a correspondence between the Secretary of State and the minister
of the United States at Berlin, in relation to the exchange of the
ratifications of the naturalization convention dated July 27, 1868,
between the United States and the Government of Wurtemberg, which was
not effected within the time named in the convention.
U.S. GRANT.
WASHINGTON, _December 7, 1869_.
_To the Senate of the United States_:
I transmit, for the consideration of the Senate, the accompanying copy
of a correspondence between the Secretary of State and the legation
of the United States at Brussels, in relation to the exchange of the
ratifications of the consular convention with Belgium signed on the 5th
of December, 1868, which was not effected within the time named in the
convention.
U.S. GRANT.
WASHINGTON, _December 7, 1869_.
_To the Senate of the United States_:
I transmit to the Senate a copy of a correspondence, a list of which is
hereto annexed, between the Secretary of State and the minister resident
of the United States at Constantinople, and invite its consideration of
the question as to the correct meaning of the fourth article of the
treaty of 1830 between the United States and Turkey.
U.S. GRANT.
WASHINGTON, D.C., _December 9, 1869_.
_To the Senate of the United States:_
In compliance with the resolution of the Senate of the 6th instant,
requesting reports of the military commander of the district of which
Georgia is a part in regard to the political and civil condition of that
State, the accompanying papers are submitted.
U.S. GRANT.
WASHINGTON, _December 9, 1869_.
_To the House of Representatives:_
I transmit a report from the Secretary of State, in answer to a
resolution of the House of Representatives of yesterday, asking to be
informed what legislatures have ratified the proposed fifteenth
amendment of the Constitution of the United States.
U.S. GRANT.
WASHINGTON, _December 15, 1869_.
_To the House of Representatives:_
I transmit a further report from the Secretary of State in answer to the
resolution of the House of Representatives of the 9th instant, making
known that official notice has been received at the Department of State
of the ratification by the legislature of the State of Alabama of the
amendment to the Constitution recently proposed by Congress as Article
XV.
U.S. GRANT.
WASHINGTON, _December 15, 1869_.
_To the House of Representatives:_
In answer to the resolution of the House of Representatives of the 13th
instant, requesting a copy of official correspondence on the subject of
Cuba, I transmit a report from the Secretary of State, to whom the
resolution was referred.
U.S. GRANT.
EXECUTIVE MANSION, _Washington, D.C., December 15, 1869_.
_To the House of Representatives:_
In answer to the resolution of December 9, 1869, requesting a copy
of the charges, testimony, findings, and sentence in the trial by
court-martial of Passed Assistant Surgeon Charles L. Green, United
States Navy, I transmit herewith a report from the Secretary of the
Navy, to whom the resolution was referred.
U.S. GRANT.
EXECUTIVE MANSION, _Washington, D.C., December 20, 1869_.
_To the Senate of the United States:_
I hereby request the return of such part of my message of December 9, in
response to Senate resolution of December 6, requesting the reports of
the military commander of the district of which Georgia is a part, to
wit, an anonymous letter purporting to be from "a Georgia woman." By
accident the paper got with those called for by the resolution, instead
of in the wastebasket, where it was intended it should go.
U.S. GRANT.
WASHINGTON, _December 20, 1869_.
_To the Senate of the United States:_
I transmit to the Senate, in relation to their resolution of the 8th
instant, a report from the Secretary of State, with accompanying
documents.[6]
U.S. GRANT.
[Footnote 6: Relating to the revolution in Cuba and the political and
civil condition of that island.]
WASHINGTON, _December 22, 1869_.
_To the Senate:_
In answer to the resolution of the Senate of the 20th instant, in
relation to correspondence between the United States and Great Britain
concerning questions pending between the two countries since the
rejection of the claims convention by the Senate, I transmit a report
from the Secretary of State upon the subject and the papers by which it
was accompanied.
U.S. GRANT.
WASHINGTON, _December 22, 1869_.
_To the Senate of the United States:_
I transmit to the Senate, in answer to their resolution of the 8th
instant, a report[7] from the Secretary of State.
U.S. GRANT.
[Footnote 7: Stating that neither correspondence nor negotiation upon
the subject of trade and commerce between the United States and Canada
had been entered into.]
WASHINGTON, _January 10, 1870_.
_To the Senate of the United States_:
I transmit to the Senate, for consideration with a view to its
ratification, a convention between the United States and the Dominican
Republic for a lease to the former of the bay and peninsula of Samana.
U.S. GRANT.
WASHINGTON, _January 10, 1870_.
_To the Senate of the United States:_
I transmit to the Senate, for consideration with a view to its
ratification, a treaty for the annexation of the Dominican Republic to
the United States, signed by the plenipotentiaries of the parties on the
29th of November last.
U.S. GRANT.
EXECUTIVE MANSION, _Washington, D.C., January 10, 1870_.
_To the Senate of the United States:_
In response to the resolution of the Senate of December 9, 1869,
requesting the information in possession of the President or any of the
Departments relating to the action which has been had in the District of
Virginia under the act "authorizing the submission of the constitutions
of Virginia, Mississippi, and Texas to a vote of the people, and
authorizing the election of State officers provided by the said
constitutions, and Members of Congress," approved April 10, 1869, I have
the honor to transmit herewith the reports of the Secretary of State,
the Secretary of War, and the Attorney-General, to whom, severally, the
resolution was referred.
U.S. GRANT.
EXECUTIVE MANSION, _Washington, D.C., January 21, 1870_.
_To the House of Representatives:_
In answer to the resolution passed by the House of Representatives on
the 17th instant, requesting to be informed "under what act of Congress
or by other authority appropriations for the Navy are diverted to the
survey of the Isthmus of Darien," I transmit a report by the Secretary
of the Navy, to whom the resolution was referred.
U.S. GRANT.
EXECUTIVE MANSION, _Washington, D.C., January 29, 1870_.
_To the Senate and House of Representatives:_
I herewith transmit to Congress a report, dated 29th instant, with
the accompanying papers,[8] received from the Secretary of State, in
compliance with the requirements of the eighteenth section of the act
entitled "An act to regulate the diplomatic and consular systems of
the United States," approved August 18, 1856.
U.S. GRANT.
[Footnote 8: Report of fees collected, etc., by consular officers of
the United States for 1868, and tariff of consular fees.]
WASHINGTON, _February 1, 1870_.
_To the Senate of the United States:_
I transmit to the Senate, in compliance with its resolution of the 31st
ultimo, a report from the Secretary of State, communicating information
in relation to the action of the legislature of the State of Mississippi
on the proposed fifteenth amendment to the Constitution of the United
States.
U.S. GRANT.
WASHINGTON, _February 2, 1870_.
_To the Senate of the United States:_
In answer to the resolution of the Senate of the 8th ultimo, I transmit a
report[9] from the Secretary of State and the papers which accompanied it.
U.S. GRANT.
[Footnote 9: Relating to the insurrection in the Red River settlement,
in British North America.]
EXECUTIVE MANSION, _February 4, 1870_.
_To the Senate of the United States:_
I herewith lay before the Senate, for the consideration and action of
that body in connection with a treaty of December 4, 1868, with the
Seneca Nation of Indians, now pending, amendments to said treaty
proposed at a council of said Indians held at their council house on
the Catteraugus Reservation, in New York, on the 26th ultimo.
A letter of the Secretary of the Interior, of the 3d instant,
accompanies the papers.
U.S. GRANT.
EXECUTIVE MANSION, _February 4, 1870_.
_To the Senate of the United States:_
For the reasons stated in the accompanying communication from the
Secretary of the Interior, I respectfully request to withdraw the
treaties hereinafter mentioned, which are now pending before the Senate:
First. Treaty concluded with the Great and Little Osages May 27, 1868.
Second. Treaty concluded with the Sacs and Foxes of the Missouri and
Iowa tribes of Indians February 11, 1869.
Third. Treaty concluded with the Otoc and Missouria Indians February 13,
1869.
Fourth. Treaty concluded with the Kansas or Kaw Indians March 13, 1869.
U.S. GRANT.
WASHINGTON, _February 8, 1870_.
_To the House of Representatives:_
In answer to the resolution of the House of Representatives of the
3d instant, calling for the number of copies of the tributes of the
nations to Abraham Lincoln now in possession of the Department of
State, I transmit a report from the Secretary of State and the paper
which accompanied it.
U.S. GRANT.
WASHINGTON, _February 11, 1870_.
_To the House of Representatives:_
In compliance with the resolution of the House of Representatives
requesting me to furnish any information which may have been received by
the Government in relation to the recent assault upon and reported
murder of one or more American citizens in Cuba, I communicate a report
from the Secretary of State, with the papers accompanying it.
U.S. GRANT.
WASHINGTON CITY, _February 11, 1870_.
_To the Senate of the United States:_
The papers in the case of Commander Jonathan Young, of the United States
Navy, show--
That when the naval promotions were made in 1866 the name of Commander
Jonathan Young was not included among them, and he was passed over,
while Commander George W. Young was not passed over; that among other
testimonials is one from Vice-Admiral D.D. Porter stating that
"Commander Jonathan Young was passed over by mistake; that he was
recommended for promotion, while Commander George W. Young was not
recommended for promotion, and by some singular mistake the latter was
promoted, while the former was passed over."
That eminent officers, formerly _junior_ to Commander Young, but
promoted over his head, desire his restoration to his former position,
because they consider such restoration due to his character, ability,
and services.
In view, therefore, of these facts, and of the general good standing
of Commander Jonathan Young, and of his gallant and efficient services
during the war, and to remedy so far as is now possible what is believed
to have been a clerical error of the Department, which has worked to
his injury, the Department now recommends that he be restored to his
original standing upon the navy list.
For these reasons I nominate Commander Jonathan Young to be restored to
his original position, to take rank from the 25th July, 1866, and next
after Commander William T. Truxtun.
U.S. GRANT.
WASHINGTON, D.C., _February 11, 1870_.
_To the Senate of the United States:_
In reply to the resolution of the Senate of the 4th instant, requesting
information in regard to the proceedings had in the State of Georgia in
pursuance of the recent act of Congress entitled "An act to promote
the reconstruction of the State of Georgia," and in relation to the
organization of the legislature of that State since the passage of that
act, I herewith transmit the report of the Secretary of War, to whom the
resolution was referred.
U.S. GRANT.
WASHINGTON, _February 15, 1870_.
_To the Senate of the United States:_
In reply to a resolution of the Senate of the 9th instant, in relation
to the Central Branch, Union Pacific Railroad Company, I transmit a copy
of a letter addressed to me on the 27th ultimo by the Secretary of the
Interior. It contains all the information in my possession touching
the action of any of the Departments on the claim of that company to
continue and extend its road and to receive in aid of the construction
thereof lands and bonds from the United States.
U.S. GRANT.
WASHINGTON, _February 16, 1870_.
_To the Senate of the United States:_
In response to the resolution of the Senate of the 8th instant, asking
"how much of the appropriations heretofore made, amounting to $100,000,
to provide for the defense of certain suits now pending in the Court of
Claims, known as the cotton cases, has been expended, and to whom the
same has been paid; for what services rendered, and the amount paid to
each of said persons; and also the number of clerks in the Treasury
Department, and other persons, with their names, engaged or occupied
in the defense of said suits," I herewith transmit the report of the
Secretary of the Treasury, to whom the resolution was referred.
U.S. GRANT.
WASHINGTON, _February 16, 1870_.
_To the House of Representatives:_
In answer to the resolution of the House of Representatives of the
10th instant, I transmit a report[10] from the Secretary of State, with
accompanying documents.
U.S. GRANT.
[Footnote 10: Relating to the payment in currency, instead of coin, of
the semiannual installments of interest due to the United States under
the convention with Spain concluded February 17, 1834, and opinion of
the Attorney-General relative thereto.]
WASHINGTON, _February 17, 1870_.
_To the Senate of the United States:_
I transmit to the Senate, in answer to their resolution of the 24th
ultimo, the report from the Secretary of State, with accompaniments.[11]
U.S. GRANT.
[Footnote 11: Lists of officers commissioned by the Department of State,
their compensation, etc.]
WASHINGTON, _February 18, 1870_.
_To the House of Representatives:_
I transmit to the House of Representatives, in further answer to their
resolution requesting information in relation to the recent assault upon
and reported murder of one or more American citizens in Cuba, a report
from the Secretary of State, with accompanying papers.
U.S. GRANT.
WASHINGTON, _February 19, 1870_.
_To the Senate of the United States:_
In reply to the resolution of the Senate of the 11th instant, requesting
"any information which may have been received by the Government of the
recently reported engagement of Colonel Baker with the Indians,[86] with
copies of all orders which led to the same," I transmit a report from
the Secretary of War, to whom the resolution was referred.
U.S. GRANT.
[Footnote 12: Piegan in Montana.]
EXECUTIVE MANSION, _Washington, D.C., February 21, 1870_.
_To the House of Representatives:_
I transmit to the House of Representatives, in answer to their resolution
of the 7th instant, a report from the Secretary of State, with accompanying
documents.[13]
U.S. GRANT.
[Footnote 13: Correspondence relative to affairs connected with Cuba and
to the struggle for independence in that island.]
WASHINGTON, _February 23, 1870_.
_To the Senate of the United States:_
I transmit to the Senate, in answer to their resolution of the 14th
instant, a report from the Secretary of State, with accompanying
documents.[14]
U.S. GRANT.
[Footnote 14: Correspondence of the United States minister to Japan
relative to American interests in that country.]
WASHINGTON, _February 24, 1870_.
_To the Senate of the United States:_
In answer to the resolution of the Senate of the 21st instant, directing
the Secretary of State to furnish the Senate with copies of all
correspondence relating to the imprisonment of Mr. Davis Hatch by the
Dominican Government, I transmit a report of the Secretary of State upon
the subject.
U.S. GRANT.
WASHINGTON, _February 28, 1870_.
_To the Senate of the United States:_
In answer to the resolution of the Senate of the 19th instant,
requesting to be informed "if any officer of the Government has,
contrary to the treaty of July 19, 1866, with the Cherokee Nation,
enforced or sought to enforce the payment of taxes by Cherokees on
products manufactured in the Cherokee Nation and sold within the Indian
Territory," I transmit a report from the Secretary of the Treasury, to
whom the resolution was referred.
U.S. GRANT.
WASHINGTON, _February 28, 1870_.
_To the House of Representatives:_
In answer to the resolution of the House of Representatives of the 15th
instant, I transmit a report from the Secretary of State upon the
subject,[15] and the papers by which it was accompanied.
U.S. GRANT.
[Footnote 15: Imprisonment of American citizens in Great Britain for
political offenses.]
WASHINGTON, _March 1, 1870_.
_To the Senate and House of Representatives:_
I transmit to Congress a communication from the Secretary of State, with
the accompanying documents, relative to the claims of citizens of the
United States on the Government of Venezuela which were adjusted by the
commission provided for by the convention with that Republic of April
25, 1866.
U.S. GRANT.
EXECUTIVE MANSION, _Washington, D.C., March 3, 1870_.
_To the House of Representatives:_
I transmit herewith, in response to the resolution of the House asking
for information in relation to the repairs of Spanish war vessels at the
docks of the United States, the report of the Secretary of the Navy, to
whom the resolution was referred.
U.S. GRANT.
EXECUTIVE MANSION, _Washington, D.C., March 8, 1870_.
_To the Senate and House of Representatives:_
Herewith I have the honor to transmit a communication from the Secretary
of the Interior, relative to the obligation of Congress to make the
necessary appropriations to carry out the Indian treaties made by what
is known as the Peace Commission of 1867.
The history of those treaties and the consequences of noncompliance with
them by the Government are so clearly set forth in this statement that
I deem it better to communicate it in full than to ask the necessary
appropriation in a shorter statement of the reasons for it. I earnestly
desire that if an Indian war becomes inevitable the Government of the
United States at least should not be responsible for it. Pains will be
taken, and force used if necessary, to prevent the departure of the
expeditions referred to by the Secretary of the Interior.
U.S. GRANT.
WASHINGTON, _March 10, 1870_.
_To the Senate of the United States:_
In answer to the resolution of the Senate of the 4th instant, in
relation to the "Transcontinental, Memphis, El Paso and Pacific Railroad
Company," I transmit reports from the Secretary of State and the
Secretary of the Interior, with accompanying papers.
U.S. GRANT.
WASHINGTON, _March 10, 1870_.
_To the Senate of the United States:_
I transmit to the Senate, in answer to their resolution of the 28th
ultimo, a report[90] from the Secretary of State, with accompanying
documents.
U.S. GRANT.
[Footnote 16: Relating to legislation necessary to insure the
administration of justice and the protection of American interests in
China and Japan.]
EXECUTIVE MANSION, _Washington, D.C., March 14, 1870_.
_To the Senate of the United States:_
In reply to your resolution of the 14th of February, requesting to be
informed whether I desire that any of the Indian treaties now pending
before you be considered confidentially, I have to inform you that there
are none of them which I object to having discussed in open session.
U.S. GRANT.
EXECUTIVE MANSION, _Washington, D.C., March 14, 1870_.
_To the Senate of the United States:_
I would respectfully call your attention to a treaty now before you for
the acquisition of the Republic of St. Domingo, entered into between the
agents of the two Governments on the 29th of November, 1869, and by its
terms to be finally acted upon by the people of St. Domingo and the
Senate of the United States within four months from the date of signing
the treaty. The time for action expires on the 29th instant, a fact to
which I desire expressly to call your attention. I would also direct
your notice to the fact that the Government of St. Domingo has no agent
in the United States who is authorized to extend the time for further
deliberation upon its merits.
The people of St. Domingo have already, so far as their action can go,
ratified the treaty, and I express the earnest wish that you will not
permit it to expire by limitation. I also entertain the sincere hope
that your action may be favorable to the ratification of the treaty.
U.S. GRANT.
WASHINGTON, _March 15, 1870_.
_To the Senate of the United States:_
I transmit a report from the Secretary of State, in answer to a
resolution of the Senate of the 3d instant, asking to be informed what
States have ratified the amendment known as the fifteenth amendment to
the Constitution of the United States, so far as official notice thereof
has been transmitted to the Department of State, and that information
from time to time may be communicated to that body, as soon as
practicable, of such ratification hereafter by any State.
U.S. GRANT.
EXECUTIVE MANSION, _Washington, D.C., March 23, 1870_.
_To the Senate and House of Representatives:_
In the Executive message of December 6, 1869, to Congress the importance
of taking steps to revive our drooping merchant marine was urged, and
a special message promised at a future day during the present session,
recommending more specifically plans to accomplish this result. Now that
the committee of the House of Representatives intrusted with the labor
of ascertaining "the cause of the decline of American commerce" has
completed its work and submitted its report to the legislative branch of
the Government, I deem this a fitting time to execute that promise.
The very able, calm, and exhaustive report of the committee points out
the grave wrongs which have produced the decline in our commerce. It is
a national humiliation that we are now compelled to pay from twenty to
thirty million dollars annually (exclusive of passage money, which we
should share with vessels of other nations) to foreigners for doing the
work which should be done by American vessels, American built, American
owned, and American manned. This is a direct drain upon the resources of
the country of just so much money, equal to casting it into the sea, so
far as this nation is concerned.
A nation of the vast and ever-increasing interior resources of the
United States, extending, as it does, from one to the other of the
great oceans of the world, with an industrious, intelligent, energetic
population, must one day possess its full share of the commerce of these
oceans, no matter what the cost. Delay will only increase this cost and
enhance the difficulty of attaining the result.
I therefore put in an earnest plea for early action in this matter, in
a way to secure the desired increase of American commerce. The advanced
period of the year and the fact that no contracts for shipbuilding will
probably be entered into until this question is settled by Congress, and
the further fact that if there should be much delay all large vessels
contracted for this year will fail of completion before winter sets in,
and will therefore be carried over for another year, induces me to
request your early consideration of this subject.
I regard it of such grave importance, affecting every interest of the
country to so great an extent, that any method which will gain the end
will secure a rich national blessing. Building ships and navigating them
utilizes vast capital at home; it employs thousands of workmen in their
construction and manning; it creates a home market for the products of
the farm and the shop; it diminishes the balance of trade against us
precisely to the extent of freights and passage money paid to American
vessels, and gives us a supremacy upon the seas of inestimable value in
case of foreign war.
Our Navy at the commencement of the late war consisted of less than 100
vessels, of about 150,000 tons and a force of about 8,000 men. We drew
from the merchant marine, which had cost the Government nothing, but
which had been a source of national wealth, 600 vessels, exceeding
1,000,000 tons, and about 70,000 men, to aid in the suppression of the
rebellion.
This statement demonstrates the value of the merchant marine as a means
of national defense in time of need.
The Committee on the Causes of the Reduction of American Tonnage, after
tracing the causes of its decline, submit two bills, which, if adopted,
they believe will restore to the nation its maritime power. Their report
shows with great minuteness the actual and comparative American tonnage
at the time of its greatest prosperity; the actual and comparative
decline since, together with the causes; and exhibits all other
statistics of material interest in reference to the subject. As the
report is before Congress, I will not recapitulate any of its
statistics, but refer only to the methods recommended by the committee
to give back to us our lost commerce.
As a general rule, when it can be adopted, I believe a direct money
subsidy is less liable to abuse than an indirect aid given to the same
enterprise. In this case, however, my opinion is that subsidies, while
they may be given to specified lines of steamers or other vessels,
should not be exclusively adopted, but, in addition to subsidizing very
desirable lines of ocean traffic, a general assistance should be given
in an effective way. I therefore commend to your favorable consideration
the two bills proposed by the committee and referred to in this message.
U.S. GRANT.
EXECUTIVE MANSION, _March 25, 1870_.
_To the Senate of the United States_:
In reply to a Senate resolution of the 24th instant, requesting to
be furnished with a report, written by Captain Selfridge, upon the
resources and condition of things in the Dominican Republic, I have
to state that no such report has been received.
U.S. GRANT.
WASHINGTON, _March 25, 1870_.
_To the Senate of the United States_:
In answer to the resolution of the Senate of the 15th ultimo, I transmit
a report, with accompanying paper,[17] from the Secretary of the Navy,
to whom the resolution was referred.
U.S. GRANT.
[Footnote 17: Statement of the number and character of the ironclad
vessels of the Navy, their cost, by whom designed, who recommended their
construction, and their condition.]
EXECUTIVE MANSION, _March 29, 1870_.
_To the House of Representatives_:
In reply to your resolution of December 20, 1869, asking "whether any
citizens of the United States are imprisoned or detained in military
custody by officers of the Army of the United States, and, if any, to
furnish their names, date of arrest, the offenses charged, together
with a statement of what measures have been taken for the trial and
punishment of the offenders," I transmit herewith the report of the
Secretary of War, to whom the resolution was referred.
U.S. GRANT.
EXECUTIVE MANSION, _March 30, 1870_.
_To the Senate and House of Representatives_:
It is unusual to notify the two Houses of Congress by message of
the promulgation, by proclamation of the Secretary of State, of the
ratification of a constitutional amendment. In view, however, of the
vast importance of the fifteenth amendment to the Constitution, this day
declared a part of that revered instrument, I deem a departure from the
usual custom justifiable. A measure which makes at once 4,000,000 people
voters who were heretofore declared by the highest tribunal in the land
not citizens of the United States, nor eligible to become so (with the
assertion that "at the time of the Declaration of Independence the
opinion was fixed and universal in the civilized portion of the white
race, regarded as an axiom in morals as well as in politics, that black
men had no rights which the white man was bound to respect"), is indeed
a measure of grander importance than any other one act of the kind from
the foundation of our free Government to the present day.
Institutions like ours, in which all power is derived directly from the
people, must depend mainly upon their intelligence, patriotism, and
industry. I call the attention, therefore, of the newly enfranchised
race to the importance of their striving in every honorable manner to
make themselves worthy of their new privilege. To the race more favored
heretofore by our laws I would say, Withhold no legal privilege of
advancement to the new citizen. The framers of our Constitution firmly
believed that a republican government could not endure without
intelligence and education generally diffused among the people. The
Father of his Country, in his Farewell Address, uses this language:
Promote, then, as an object of primary importance, institutions for the
general diffusion of knowledge. In proportion as the structure of a
government gives force to public opinion, it is essential that public
opinion should be enlightened.
In his first annual message to Congress the same views are forcibly
presented, and are again urged in his eighth message.
I repeat that the adoption of the fifteenth amendment to the
Constitution completes the greatest civil change and constitutes the
most important event that has occurred since the nation came into life.
The change will be beneficial in proportion to the heed that is given to
the urgent recommendations of Washington. If these recommendations were
important then, with a population of but a few millions, how much more
important now, with a population of 40,000,000, and increasing in a
rapid ratio. I would therefore call upon Congress to take all the means
within their constitutional powers to promote and encourage popular
education throughout the country, and upon the people everywhere to see
to it that all who possess and exercise political rights shall have the
opportunity to acquire the knowledge which will make their share in the
Government a blessing and not a danger. By such means only can the
benefits contemplated by this amendment to the Constitution be secured.
U.S. GRANT.
HAMILTON FISH, SECRETARY OF STATE OF THE UNITED STATES.
_To all to whom these presents may come, greeting:_
Know ye that the Congress of the United States, on or about the 27th
day of February, in the year 1869, passed a resolution in the words
and figures following, to wit:
A RESOLUTION proposing an amendment to the Constitution of the United
States.
_Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled_ (_two-thirds of both Houses
concurring_), That the following article be proposed to the legislatures
of the several States as an amendment to the Constitution of the United
States, which, when ratified by three-fourths of said legislatures,
shall be valid as a part of the Constitution, viz;
ARTICLE XV.
Section 1. The right of citizens of the United States to vote shall not
be denied or abridged by the United States, or by any State, on account
of race, color, or previous condition of servitude.
SEC. 2. The Congress shall have power to enforce this article by
appropriate legislation.
And further, that it appears from official documents on file in this
Department that the amendment to the Constitution of the United States,
proposed as aforesaid, has been ratified by the legislatures of the
States of North Carolina, West Virginia, Massachusetts, Wisconsin,
Maine, Louisiana, Michigan, South Carolina, Pennsylvania, Arkansas,
Connecticut, Florida, Illinois, Indiana, New York, New Hampshire,
Nevada, Vermont, Virginia, Alabama, Missouri, Mississippi, Ohio, Iowa,
Kansas, Minnesota, Rhode Island, Nebraska, and Texas; in all,
twenty-nine States;
And further, that the States whose legislatures have so ratified the
said proposed amendment constitute three-fourths of the whole number
of States in the United States;
And further, that it appears from an official document on file in this
Department that the legislature of the State of New York has since
passed resolutions claiming to withdraw the said ratification of the
said amendment, which had been made by the legislature of that State,
and of which official notice had been filed in this Department;
And further, that it appears from an official document on file in this
Department that the legislature of Georgia has by resolution ratified
the said proposed amendment:
Now, therefore, be it known that I, Hamilton Fish, Secretary of State of
the United States, by virtue and in pursuance of the second section of
the act of Congress approved the 20th day of April, in the year 1818,
entitled "An act to provide for the publication of the laws of the
United States, and for other purposes," do hereby certify that the
amendment aforesaid has become valid to all intents and purposes as
part of the Constitution of the United States.
In testimony whereof I have hereunto set my hand and caused the seal of
the Department of State to be affixed.
[SEAL.]
Done at the city of Washington this 30th day of March, A.D. 1870, and
of the Independence of the United States the ninety-fourth.
HAMILTON FISH.
WASHINGTON, _March 31, 1870_.
_To the Senate of the United States_:
I transmit, for consideration with a view to its ratification, a treaty
between the United States and the United States of Colombia for the
construction of an interoceanic canal across the Isthmus of Panama or
Darien, signed at Bogota on the 26th of January last.
A copy of a dispatch of the 1st ultimo to the Secretary of State from
General Hurlbut, the United States minister at Bogota, relative to the
treaty, is also transmitted for the information of the Senate.
U.S. GRANT.
WASHINGTON, _March 31, 1870_.
_To the Senate and House of Representatives:_
I transmit to Congress a further communication from the Secretary of
State, with the accompanying documents, relative to the claims of
citizens of the United States on the Government of Venezuela which were
adjusted by the commission provided for by the convention with that
Republic of April 25, 1866.
U.S. GRANT.
WASHINGTON, _March 31, 1870_.
_To the House of Representatives:_
In answer to the resolution of the House of Representatives of the 7th
instant, relating to fisheries in British waters, I transmit a report
from the Secretary of State and the papers which accompanied it, and I
have to state that the commanding officer of the naval steamer ordered
to the fishing grounds will be instructed to give his attention, should
circumstances require it, to cases which may arise under any change
which may be made in the British laws affecting fisheries within British
jurisdiction, with a view to preventing, so far as it may be in his
power, infractions by citizens of the United States of the first article
of the treaty between the United States and Great Britain of 1818, the
laws in force relating to fisheries within British jurisdiction, or any
illegal interference with the pursuits of the fishermen of the United
States.
U.S. GRANT.
WASHINGTON, _April 5, 1870_.
_To the House of Representatives:_
In answer to the resolution of the House of Representatives of the 28th
ultimo, I transmit a report[18] from the Secretary of State, to whom the
resolution was referred.
U.S. GRANT.
[Footnote 18: Declining to communicate a copy of the list of privileges
accompanying or relating to the San Domingo treaty while the subject is
pending before the Senate in executive session.]
EXECUTIVE MANSION, _April 6, 1870_.
_To the House of Representatives:_
In answer to your resolution of the 7th ultimo, requesting to be
furnished with a copy of orders, correspondence, reports of councils
with Indians by military and civil officers of the Government, in
possession of the Interior and War Departments, relating to difficulties
with the Cheyenne, Comanche, Arapahoe, Apache, and Kiowa tribes of
Indians during the year 1867, etc., I herewith transmit the reports
received from those Departments.
U.S. GRANT.
WASHINGTON, _April 14, 1870_.
_To the Senate and House of Representatives:_
I transmit to Congress a report from the Secretary of State, relative
to results of the proceedings of the joint commission at Lima under the
convention between the United States and Peru of 4th of December, 1868,
and recommend that an appropriation be made to discharge the obligation
of the United States in the case of the claim of Esteban G. Montano, to
which the report refers.
U.S. GRANT.
EXECUTIVE MANSION, _April 20, 1870_.
_To the House of Representatives:_
In answer to your resolution of the 21st ultimo, requesting to be
informed "whether any portion of the military forces of the United
States has been sent into the counties of Bourbon, Crawford, and
Cherokee, in the State of Kansas, and, if so, when, what number, for
what purpose, and on whose procurement; and also whether they have been
required to erect there any winter quarters, forts, fortifications, or
earth-works, and, if so, what, for what purpose, and at whose expense,
and at what probable expense to the Government have all said acts been
done," I transmit herewith a report, dated 18th instant, from the
Secretary of War, to whom the resolution was referred.
U.S. GRANT.
WASHINGTON, _April 26, 1870_.
_To the House of Representatives:_
In answer to the resolution of the House of Representatives of the 9th
instant, I transmit a report from the Secretary of State and the
paper[19] which accompanied it.
U.S. GRANT.
[Footnote 19: Supplemental report to the Department of State by Samuel
B. Ruggles, United States delegate to the International Monetary
Conference at Paris, 1867.]
WASHINGTON, _May 6, 1870_.
_To the Senate of the United States:_
In answer to the resolution of the Senate of the 26th ultimo, I transmit
a report from the Secretary of State and the papers[20] by which it was
accompanied.
U.S. GRANT.
[Footnote 20: Dispatches of J. Somers Smith, commercial agent of the
United States at San Domingo, relative to the imprisonment of Davis
Hatch by the Dominican Government.]
WASHINGTON, _May 21, 1870_.
_To the Senate of the United States:_
I transmit to the Senate, in answer to their resolution of the 18th
instant, calling for information relative to the passage of any English
or Canadian steamer through the canal of Sault Ste. Marie, a report from
the Secretary of State, with accompanying papers.
U.S. GRANT.
WASHINGTON, _May 23, 1870_.
_To the Senate of the United States:_
In response to your resolution of the 12th instant, requesting
information "in relation to an organized band of persons at Cheyenne, in
the Territory of Wyoming, or vicinity, the number and designs of such
persons," I transmit herewith the reports of the Secretary of War and
the Secretary of the Interior, to whom the resolution was referred.
U.S. GRANT.
WASHINGTON, _May 23, 1870_.
_To the House of Representatives:_
I transmit to the House of Representatives, in answer to their
resolution of the 5th instant, a report from the Secretary of State and
its accompanying papers.[21]
U.S. GRANT.
[Footnote 21: Relating to the claims of United States citizens against
Venezuela.]
WASHINGTON, _May 26, 1870_.
_To the Senate of the United States:_
I have the satisfaction of transmitting to the Senate, for consideration
with a view to its ratification, a convention between the United States
and Her Britannic Majesty, relative to naturalization, signed in London
on the 13th instant.
The convention is substantially the same as the protocol on the subject
signed by Mr. Reverdy Johnson and Lord Stanley on the 9th of October,
1868, and approved by the Senate on the 13th April, 1869.
If the instrument should go into effect, it will relieve the parties
from a grievance which has hitherto been a cause of frequent annoyance
and sometimes of dangerous irritation.
A copy of Mr. Motley's dispatch on the subject and of the act of
Parliament of May 12, 1870, are also transmitted.
U.S. GRANT.
WASHINGTON, _May 28, 1870_.
_To the Senate of the United States:_
In answer to the resolution of the Senate of the 24th instant, I
transmit a report from the Secretary of State and the document[22] by
which it was accompanied.
U.S. GRANT.
[Footnote 22: Dispatch from Henry T. Blow, United States minister to
Brazil, relative to the commercial interests of the United States with
South America.]
EXECUTIVE MANSION, _May 31, 1870_.
_To the Senate of the United States:_
I transmit to the Senate, for consideration with a view to its
ratification, an additional article to the treaty of the 29th of
November last, for the annexation of the Dominican Republic to the
United States, stipulating for an extension of the time for exchanging
the ratifications thereof, signed in this city on the 14th instant by
the plenipotentiaries of the parties.
It was my intention to have also negotiated with the plenipotentiary of
San Domingo amendments to the treaty of annexation to obviate objections
which may be urged against the treaty as it is now worded; but on
reflection I deem it better to submit to the Senate the propriety of
their amending the treaty as follows: First, to specify that the
obligations of this Government shall not exceed the $1,500,000
stipulated in the treaty; secondly, to determine the manner of
appointing the agents to receive and disburse the same; thirdly, to
determine the class of creditors who shall take precedence in the
settlement of their claims; and, finally, to insert such amendments as
may suggest themselves to the minds of Senators to carry out in good
faith the conditions of the treaty submitted to the Senate of the United
States in January last, according to the spirit and intent of that
treaty. From the most reliable information I can obtain, the sum
specified in the treaty will pay every just claim against the Republic
of San Domingo and leave a balance sufficient to carry on a Territorial
government until such time as new laws for providing a Territorial
revenue can be enacted and put in force.
I feel an unusual anxiety for the ratification of this treaty, because
I believe it will redound greatly to the glory of the two countries
interested, to civilization, and to the extirpation of the institution
of slavery.
The doctrine promulgated by President Monroe has been adhered to by
all political parties, and I now deem it proper to assert the equally
important principle that hereafter no territory on this continent shall
be regarded as subject of transfer to a European power.
The Government of San Domingo has voluntarily sought this annexation.
It is a weak power, numbering probably less than 120,000 souls, and yet
possessing one of the richest territories under the sun, capable of
supporting a population of 10,000,000 people in luxury. The people of
San Domingo are not capable of maintaining themselves in their present
condition, and must look for outside support.
They yearn for the protection of our free institutions and laws, our
progress and civilization. Shall we refuse them?
I have information which I believe reliable that a European power stands
ready now to offer $2,000,000 for the possession of Samana Bay alone.
If refused by us, with what grace can we prevent a foreign power from
attempting to secure the prize?
The acquisition of San Domingo is desirable because of its geographical
position. It commands the entrance to the Caribbean Sea and the Isthmus
transit of commerce. It possesses the richest soil, best and most
capacious harbors, most salubrious climate, and the most valuable
products of the forests, mine, and soil of any of the West India
Islands. Its possession by us will in a few years build up a coastwise
commerce of immense magnitude, which will go far toward restoring to us
our lost merchant marine. It will give to us those articles which we
consume so largely and do not produce, thus equalizing our exports and
imports.
In case of foreign war it will give us command of all the islands
referred to, and thus prevent an enemy from ever again possessing
himself of rendezvous upon our very coast.
At present our coast trade between the States bordering on the Atlantic
and those bordering on the Gulf of Mexico is cut into by the Bahamas and
the Antilles. Twice we must, as it were, pass through foreign countries
to get by sea from Georgia to the west coast of Florida.
San Domingo, with a stable government, under which her immense resources
can be developed, will give remunerative wages to tens of thousands of
laborers not now on the island.
This labor will take advantage of every available means of
transportation to abandon the adjacent islands and seek the blessings of
freedom and its sequence--each inhabitant receiving the reward of his
own labor. Porto Rico and Cuba will have to abolish slavery, as a
measure of self-preservation to retain their laborers.
San Domingo will become a large consumer of the products of Northern
farms and manufactories. The cheap rate at which her citizens can be
furnished with food, tools, and machinery will make it necessary that
the contiguous islands should have the same advantages in order to
compete in the production of sugar, coffee, tobacco, tropical fruits,
etc. This will open to us a still wider market for our products.
The production of our own supply of these articles will cut off more
than one hundred millions of our annual imports, besides largely
increasing our exports. With such a picture it is easy to see how our
large debt abroad is ultimately to be extinguished. With a balance of
trade against us (including interest on bonds held by foreigners and
money spent by our citizens traveling in foreign lands) equal to the
entire yield of the precious metals in this country, it is not so easy
to see how this result is to be otherwise accomplished.
The acquisition of San Domingo is an adherence to the "Monroe doctrine;"
it is a measure of national protection; it is asserting our just claim
to a controlling influence over the great commercial traffic soon to
flow from east to west by the way of the Isthmus of Darien; it is to
build up our merchant marine; it is to furnish new markets for the
products of our farms, shops, and manufactories; it is to make slavery
insupportable in Cuba and Porto Rico at once and ultimately so in
Brazil; it is to settle the unhappy condition of Cuba, and end an
exterminating conflict; it is to provide honest means of paying our
honest debts, without overtaxing the people; it is to furnish our
citizens with the necessaries of everyday life at cheaper rates than
ever before; and it is, in fine, a rapid stride toward that greatness
which the intelligence, industry, and enterprise of the citizens of the
United States entitle this country to assume among nations.
U.S. GRANT.
EXECUTIVE MANSION, _Washington, D.C. June 2, 1870_.
_To the Senate of the United States:_
In reply to your resolution of the 1st instant, requesting, "in
confidence," any information in possession of the President "touching
any proposition, offer, or design of any foreign power to purchase or
obtain any part of the territory of San Domingo or any right to the
Bay of Samana," I transmit herewith a copy of a letter, dated 27th of
April, 1870. addressed to "Colonel J.W. Fabens, Dominican minister,
Washington," by "E. Herzberg Hartmount, Dominican consul-general in
London."
U.S. GRANT.
WASHINGTON, _June 3, 1870_.
_To the Senate of the United States:_
I transmit to the Senate, in answer to their resolution of the 18th
ultimo, a report from the Secretary of State, with an accompanying
paper.[23]
U.S. GRANT.
[Footnote 23: Communication from George Bancroft, United States minister
at Berlin, relative to political questions in Germany.]
WASHINGTON, _June 3, 1870_.
_To the Senate of the United States:_
I transmit to the Senate, for consideration with a view to its
ratification, an additional convention to the treaty of the 7th of
April, 1862, for the suppression of the African slave trade, which
additional convention was signed on this day in the city of Washington
by the plenipotentiaries of the high contracting parties.
U.S. GRANT.
WASHINGTON, _June 6, 1870_.
_To the Senate of the United States:_
I transmit to the Senate, in answer to their resolution of the 3d
instant, the accompanying report[24] from the Secretary of State.
U.S. GRANT.
[Footnote 24: Stating that he has received no official information
relative to a reported persecution and massacre of Israelites in
Roumania.]
EXECUTIVE MANSION, _June 13, 1870_.
_To the Senate and House of Representatives:_
In my annual message to Congress at the beginning of its present session
I referred to the contest which had then for more than a year existed in
the island of Cuba between a portion of its inhabitants and the
Government of Spain, and the feelings and sympathies of the people and
Government of the United States for the people of Cuba, as for all
peoples struggling for liberty and self-government, and said that "the
contest has at no time assumed the conditions which amount to war in the
sense of international law, or which would show the existence of a _de
facto_ political organization of the insurgents sufficient to justify a
recognition of belligerency."
During the six months which have passed since the date of that message
the condition of the insurgents has not improved, and the insurrection
itself, although not subdued, exhibits no signs of advance, but seems to
be confined to an irregular system of hostilities, carried on by small
and illy armed bands of men, roaming without concentration through the
woods and the sparsely populated regions of the island, attacking from
ambush convoys and small bands of troops, burning plantations and the
estates of those not sympathizing with their cause.
But if the insurrection has not gained ground, it is equally true that
Spain has not suppressed it. Climate, disease, and the occasional bullet
have worked destruction among the soldiers of Spain; and although the
Spanish authorities have possession of every seaport and every town on
the island, they have not been able to subdue the hostile feeling which
has driven a considerable number of the native inhabitants of the island
to armed resistance against Spain, and still leads them to endure the
dangers and the privations of a roaming life of guerrilla warfare.
On either side the contest has been conducted, and is still carried on,
with a lamentable disregard of human life and of the rules and practices
which modern civilization has prescribed in mitigation of the necessary
horrors of war. The torch of Spaniard and of Cuban is alike busy in
carrying devastation over fertile regions; murderous and revengeful
decrees are issued and executed by both parties. Count Valmaseda and
Colonel Boet, on the part of Spain, have each startled humanity and
aroused the indignation of the civilized world by the execution, each,
of a score of prisoners at a time, while General Quesada, the Cuban
chief, coolly and with apparent unconsciousness of aught else than a
proper act, has admitted the slaughter, by his own deliberate order,
in one day, of upward of 650 prisoners of war.
A summary trial, with few, if any, escapes from conviction, followed by
immediate execution, is the fate of those arrested on either side on
suspicion of infidelity to the cause of the party making the arrest.
Whatever may be the sympathies of the people or of the Government of the
United States for the cause or objects for which a part of the people of
Cuba are understood to have put themselves in armed resistance to the
Government of Spain, there can be no just sympathy in a conflict carried
on by both parties alike in such barbarous violation of the rules of
civilized nations and with such continued outrage upon the plainest
principles of humanity.
We can not discriminate in our censure of their mode of conducting their
contest between the Spaniards and the Cubans. Each commit the same
atrocities and outrage alike the established rules of war.
The properties of many of our citizens have been destroyed or embargoed,
the lives of several have been sacrificed, and the liberty of others has
been restrained. In every case that has come to the knowledge of the
Government an early and earnest demand for reparation and indemnity has
been made, and most emphatic remonstrance has been presented against
the manner in which the strife is conducted and against the reckless
disregard of human life, the wanton destruction of material wealth,
and the cruel disregard of the established rules of civilized warfare.
I have, since the beginning of the present session of Congress,
communicated to the House of Representatives, upon their request, an
account of the steps which I had taken in the hope of bringing this sad
conflict to an end and of securing to the people of Cuba the blessings
and the right of independent self-government. The efforts thus made
failed, but not without an assurance from Spain that the good offices of
this Government might still avail for the objects to which they had been
addressed.
During the whole contest the remarkable exhibition has been made of
large numbers of Cubans escaping from the island and avoiding the risks
of war; congregating in this country, at a safe distance from the scene
of danger, and endeavoring to make war from our shores, to urge our
people into the fight which they avoid, and to embroil this Government
in complications and possible hostilities with Spain. It can scarce be
doubted that this last result is the real object of these parties,
although carefully covered under the deceptive and apparently plausible
demand for a mere recognition of belligerency.
It is stated on what I have reason to regard as good authority that
Cuban bonds have been prepared to a large amount, whose payment is made
dependent upon the recognition by the United States of either Cuban
belligerency or independence. The object of making their value thus
contingent upon the action of this Government is a subject for serious
reflection.
In determining the course to be adopted on the demand thus made for a
recognition of belligerency the liberal and peaceful principles adopted
by the Father of his Country and the eminent statesmen of his day, and
followed by succeeding Chief Magistrates and the men of their day, may
furnish a safe guide to those of us now charged with the direction and
control of the public safety.
From 1789 to 1815 the dominant thought of our statesmen was to keep
the United States out of the wars which were devastating Europe. The
discussion of measures of neutrality begins with the State papers of
Mr. Jefferson when Secretary of State. He shows that they are measures
of national right as well as of national duty; that misguided individual
citizens can not be tolerated in making war according to their own
caprice, passions, interests, or foreign sympathies; that the agents of
foreign governments, recognized or unrecognized, can not be permitted
to abuse our hospitality by usurping the functions of enlisting or
equipping military or naval forces within our territory. Washington
inaugurated the policy of neutrality and of absolute abstinence from
all foreign entangling alliances, which resulted, in 1794, in the first
municipal enactment for the observance of neutrality.
The duty of opposition to filibustering has been admitted by every
President. Washington encountered the efforts of Genèt and of the French
revolutionists; John Adams, the projects of Miranda; Jefferson, the
schemes of Aaron Burr. Madison and subsequent Presidents had to deal
with the question of foreign enlistment or equipment in the United
States, and since the days of John Quincy Adams it has been one of the
constant cares of Government in the United States to prevent piratical
expeditions against the feeble Spanish American Republics from leaving
our shores. In no country are men wanting for any enterprise that holds
out promise of adventure or of gain.
In the early days of our national existence the whole continent of
America (outside of the limits of the United States) and all its islands
were in colonial dependence upon European powers.
The revolutions which from 1810 spread almost simultaneously through all
the Spanish American continental colonies resulted in the establishment
of new States, like ourselves, of European origin, and interested in
excluding European politics and the questions of dynasty and of balances
of power from further influence in the New World.
The American policy of neutrality, important before, became doubly so
from the fact that it became applicable to the new Republics as well as
to the mother country.
It then devolved upon us to determine the great international question
at what time and under what circumstances to recognize a new power
as entitled to a place among the family of nations, as well as the
preliminary question of the attitude to be observed by this Government
toward the insurrectionary party pending the contest.
Mr. Monroe concisely expressed the rule which has controlled the action
of this Government with reference to revolting colonies pending their
struggle by saying:
As soon as the movement assumed such a steady and consistent form as
to make the success of the Provinces probable, the rights to which
they were entitled by the laws of nations as equal parties to a civil
war were extended to them.
The strict adherence to this rule of public policy has been one of
the highest honors of American statesmanship, and has secured to this
Government the confidence of the feeble powers on this continent,
which induces them to rely upon its friendship and absence of designs
of conquest and to look to the United States for example and moral
protection. It has given to this Government a position of prominence and
of influence which it should not abdicate, but which imposes upon it the
most delicate duties of right and of honor regarding American questions,
whether those questions affect emancipated colonies or colonies still
subject to European dominion.
The question of belligerency is one of fact, not to be decided by
sympathies for or prejudices against either party. The relations
between the parent state and the insurgents must amount in fact to
war in the sense of international law. Fighting, though fierce and
protracted, does not alone constitute war. There must be military forces
acting in accordance with the rules and customs of war, flags of truce,
cartels, exchange of prisoners, etc.; and to justify a recognition
of belligerency there must be, above all, a _de facto_ political
organization of the insurgents sufficient in character and resources
to constitute it, if left to itself, a state among nations capable
of discharging the duties of a state and of meeting the just
responsibilities it may incur as such toward other powers in the
discharge of its national duties.
Applying the best information which I have been enabled to gather,
whether from official or unofficial sources, including the very
exaggerated statements which each party gives to all that may prejudice
the opposite or give credit to its own side of the question, I am unable
to see in the present condition of the contest in Cuba those elements
which are requisite to constitute war in the sense of international law.
The insurgents hold no town or city; have no established seat of
government; they have no prize courts; no organization for the receiving
and collecting of revenue; no seaport to which a prize may be carried or
through which access can be had by a foreign power to the limited
interior territory and mountain fastnesses which they occupy. The
existence of a legislature representing any popular constituency is more
than doubtful.
In the uncertainty that hangs around the entire insurrection there is no
palpable evidence of an election, of any delegated authority, or of any
government outside the limits of the camps occupied from day to day by
the roving companies of insurgent troops; there is no commerce, no
trade, either internal or foreign, no manufactures.
The late commander in chief of the insurgents, having recently come to
the United States, publicly declared that "all commercial intercourse or
trade with the exterior world has been utterly cut off;" and he further
added: "To-day we have not 10,000 arms in Cuba."
It is a well-established principle of public law that a recognition by
a foreign state of belligerent rights to insurgents under circumstances
such as now exist in Cuba, if not justified by necessity, is a
gratuitous demonstration of moral support to the rebellion. Such
necessity may yet hereafter arrive, but it has not yet arrived, nor is
its probability clearly to be seen.
If it be war between Spain and Cuba, and be so recognized, it is
our duty to provide for the consequences which may ensue in the
embarrassment to our commerce and the interference with our revenue.
If belligerency be recognized, the commercial marine of the United
States becomes liable to search and to seizure by the commissioned
cruisers of both parties; they become subject to the adjudication of
prize courts.
Our large coastwise trade between the Atlantic and the Gulf States and
between both and the Isthmus of Panama and the States of South America
(engaging the larger part of our commercial marine) passes of necessity
almost in sight of the island of Cuba. Under the treaty with Spain of
1795, as well as by the law of nations, our vessels will be liable
to visit on the high seas. In case of belligerency the carrying of
contraband, which now is lawful, becomes liable to the risks of
seizure and condemnation. The parent Government becomes relieved from
responsibility for acts done in the insurgent territory, and acquires
the right to exercise against neutral commerce all the powers of a party
to a maritime war. To what consequences the exercise of those powers may
lead is a question which I desire to commend to the serious
consideration of Congress.
In view of the gravity of this question, I have deemed it my duty to
invite the attention of the war-making power of the country to all the
relations and bearings of the question in connection with the
declaration of neutrality and granting of belligerent rights.
There is not a _de facto_ government in the island of Cuba sufficient to
execute law and maintain just relations with other nations. Spain has
not been able to suppress the opposition to Spanish rule on the island,
nor to award speedy justice to other nations, or citizens of other
nations, when their rights have been invaded.
There are serious complications growing out of the seizure of American
vessels upon the high seas, executing American citizens without proper
trial, and confiscating or embargoing the property of American citizens.
Solemn protests have been made against every infraction of the rights
either of individual citizens of the United States or the rights of our
flag upon the high seas, and all proper steps have been taken and are
being pressed for the proper reparation of every indignity complained
of.
The question of belligerency, however, which is to be decided upon
definite principles and according to ascertained facts, is entirely
different from and unconnected with the other questions of the manner in
which the strife is carried on on both sides and the treatment of our
citizens entitled to our protection.
The questions concern our own dignity and responsibility, and they have
been made, as I have said, the subjects of repeated communications with
Spain and of protests and demands for redress on our part. It is hoped
that these will not be disregarded, but should they be these questions
will be made the subject of a further communication to Congress.
U.S. GRANT.
EXECUTIVE MANSION, _June 17, 1870_.
_To the Senate of the United States:_
In answer to the resolution of the Senate of the 8th instant, requesting
the President "to communicate, in confidence, the instructions of the
Navy Department to the navy officers in command on the coast of Dominica
and Hayti, and the reports of such officers to the Navy Department,
from the commencement of the negotiation of the treaty with Dominica,"
I herewith transmit the papers received from the Secretary of the Navy,
to whom the resolution was referred.
U.S. GRANT.
EXECUTIVE MANSION, _June 25, 1870_.
_To the Senate of the United States:_
In answer to the resolution of the 22d instant, requesting to be
furnished with "proposals received from any company or citizens of
the United States for constructing and placing iron steamships in
transatlantic service," I transmit herewith the only proposal of that
nature received by me.
U.S. GRANT.
WASHINGTON, _July 9, 1870_.
_To the Senate of the United States:_
In answer to the resolutions of the Senate of the 26th of May and of
the 14th of June last, I transmit a report from the Secretary of State
thereupon, and the papers[25] by which it was accompanied.
U.S. GRANT.
[Footnote 25: Lists of American vessels seized by Spanish authorities in
Cuba; of American citizens executed and imprisoned in Cuba; of American
citizens whose property was confiscated or embargoed in Cuba, and of
decrees under which the Spanish authorities acted, and correspondence
showing steps taken by the United States Government in reference
thereto.]
WASHINGTON, _July 12, 1870_.
_To the Senate of the United States:_
I transmit to the Senate, for consideration with a view to ratification,
a convention between the United States and Austria, concerning the
rights, privileges, and immunities of consuls in the two countries,
signed at Washington on the 11th instant.
U.S. GRANT.
WASHINGTON, _July 13, 1870_.
_To the Senate of the United States:_
I transmit to the Senate, in answer to their resolution of the 8th
instant, a report from the Secretary of State and the papers[26] which
accompanied it.
U.S. GRANT.
[Footnote 26: Instructions to the minister to Spain stating the basis
on which the United States offered its good offices for the purpose of
terminating the war in Cuba, correspondence relative thereto, etc.]
WASHINGTON, _July 13, 1870_.
_To the Senate of the United States:_
In answer to their resolution of the 8th instant, I transmit to the
Senate a report from the Secretary of State and the papers[27] which
accompanied it.
U.S. GRANT.
[Footnote 27: Correspondence between the United States and Great Britain
concerning questions pending between the two countries.]
WASHINGTON, _July 14, 1870_.
_To the Senate of the United States:_
I transmit to the Senate, in answer to their resolution of the 7th
instant, a report from the Secretary of State, with accompanying
documents.
U.S. GRANT.
DEPARTMENT OF STATE, _Washington, July 14, 1870_.
The Secretary of State, to whom was referred the resolution of the
Senate requesting the President "to institute an inquiry, by such means
as in his judgment shall be deemed proper, into the present condition
of the commercial relations between the United States and the Spanish
American States on this continent, and between those countries and other
nations, and to communicate to the Senate full and complete statements
regarding the same, together with such recommendations as he may think
necessary to promote the development and increase of our commerce with
those regions and to secure to the United States that proportionate
share of the trade of this continent to which their close relations of
geographical contiguity and political friendship with all the States
of America justly entitle them," has the honor to report:
The resolution justly regards the commercial and the political relations
of the United States with the American States of Spanish origin as
necessarily dependent upon each other. If the commerce of those
countries has been diverted from its natural connection with the United
States, the fact may probably be partly traced to political causes,
which have been swept away by the great civil convulsion in this
country.
For the just comprehension of the position of this Government in the
American political system, and for the causes which have failed to give
it hitherto the influence to which it is properly entitled by reason of
its democratic system and of the moderation and sense of justice which
have distinguished its foreign policy through successive Administrations
from the birth of the nation until now, it is necessary to make a brief
notice of such measures as affect our present relations to the other
parts of this continent.
The United States were the first of the European colonies in America to
arrive at maturity as a people and assume the position of an independent
republic. Since then important changes have taken place in various
nations and in every part of the world. Our own growth in power has been
not the least remarkable of all the great events of modern history.
When, at the conclusion of the Revolutionary War, having conquered by
arms our right to exist as a sovereign state, that right was at length
recognized by treaties, we occupied only a narrow belt of land along the
Atlantic coast, hemmed in at the north, the west, and the south by the
possessions of European Governments, or by uncultivated wastes beyond
the Alleghanies, inhabited only by the aborigines. But in the very
infancy of the United States far-sighted statesmen saw and predicted
that, weak in population and apparently restricted in available
territory as the new Republic then was, it had within it the germs of
colossal grandeur, and would at no remote day occupy the continent of
America with its institutions, its authority, and its peaceful
influence.
That expectation has been thus far signally verified. The United States
entered at once into the occupation of their rightful possessions
westward to the banks of the Mississippi. Next, by the spontaneous
proffer of France, they acquired Louisiana and its territorial
extension, or right of extension, north to the line of the treaty
demarcation between France and Great Britain, and west to the Pacific
Ocean. Next, by amicable arrangement with Spain, they acquired the
Floridas, and complete southern maritime frontiers upon the Gulf of
Mexico. Then came the union with the independent State of Texas,
followed by the acquisitions of California and New Mexico, and then of
Arizona. Finally, Russia has ceded to us Alaska, and the continent of
North America has become independent of Europe, except so much of it as
continues to maintain political relations with Great Britain.
Meanwhile, partly by natural increase and partly by voluntary
immigration from Europe, our population has risen from 3,000,000 to
nearly 40,000,000; the number of States and Territories united under
the Constitution has been augmented from thirteen to forty-seven; the
development of internal wealth and power has kept pace with political
expansion; we have occupied in part and peopled the vast interior of
the continent; we have bound the Pacific to the Atlantic by a chain of
intervening States and organized Territories; we have delivered the
Republic from the anomaly and the ignominy of domestic servitude; we
have constitutionally fixed the equality of all races and of all men
before the law; and we have established, at the cost of a great civil
war--a cost, however, not beyond the value of such a result--the
indissoluble national unity of the United States.
In all these marked stages of national progress, from the Declaration
of Independence to the recent amendments of the Constitution, it is
impossible not to perceive a providential series and succession of
events, intimately attached one to the other, and possessed of definite
character as a whole, whatever incidental departures from such
uniformity may have marked, or seemed to mark, our foreign policy under
the influence of temporary causes or of the conflicting opinions of
statesmen.
In the time of Washington, of the first Adams, of Jefferson, and of
Madison the condition of Europe, engaged in the gigantic wars of the
French Revolution and of the Empire, produced its series of public
questions and gave tone and color to our foreign policy. In the time of
Monroe, of the second Adams, and of Jackson, and subsequently thereto,
the independence of the Spanish and Portuguese colonies of America
produced its series of questions and its apparent modification of our
public policy. Domestic questions of territorial organization, of social
emancipation, and of national unity have also largely occupied the minds
and the attention of the later Administrations.
The treaties of alliance and guaranty with France, which contributed so
much to our independence, were one source of solicitude to the early
Administrations, which were endeavoring to protect our commerce from the
depredations and wrongs to which the maritime policy of England and the
reaction of that policy on France subjected it. For twenty years we
struggled in vain to accomplish this, and at last drifted into war.
The avoidance of entangling alliances, the characteristic feature of the
foreign policy of Washington, sprang from this condition of things. But
the entangling alliances which then existed were engagements made with
France as a part of the general contract under which aid was furnished
to us for the achievement of our independence. France was willing to
waive the letter of the obligation as to her West India possessions, but
demanded in its stead privileges in our ports which the Administration
was unwilling to concede. To make its refusal acceptable to a public
which sympathized with France, the Cabinet of General Washington
exaggerated the principle into a theory tending to national isolation.
The public measures designed to maintain unimpaired the domestic
sovereignty and the international neutrality of the United States
were independent of this policy, though apparently incidental to it.
The municipal laws enacted by Congress then and since have been but
declarations of the law of nations. They are essential to the
preservation of our national dignity and honor; they have for their
object to repress and punish all enterprises of private war, one of the
last relics of mediaeval barbarism; and they have descended to us from
the fathers of the Republic, supported and enforced by every succeeding
President of the United States.
The foreign policy of these early days was not a narrow one. During
this period we secured the evacuation by Great Britain of the country
wrongfully occupied by her on the Lakes; we acquired Louisiana; we
measured forces on the sea with France, and on the land and sea with
England; we set the example of resisting and chastising the piracies of
the Barbary States; we initiated in negotiations with Prussia the long
line of treaties for the liberalization of war and the promotion of
international intercourse; and we steadily demanded, and at length
obtained, indemnification from various governments for the losses we
had suffered by foreign spoliations in the wars of Europe.
To this point in our foreign policy we had arrived when the
revolutionary movements in Spanish and Portuguese America compelled a
modification of our relations with Europe, in consequence of the rise of
new and independent states in America.
The revolution which commenced in 1810, and extended through all the
Spanish American continental colonies, after vain efforts of repression
on the part of Spain, protracted through twenty years, terminated in
the establishment of the independent States of Mexico, Guatemala, San
Salvador, Honduras, Nicaragua, Costa Rica, Venezuela, Colombia, Ecuador,
Peru, Chile, Bolivia, the Argentine Republic, Uruguay, and Paraguay,
to which the Empire of Brazil came in time to be added. These events
necessarily enlarged the sphere of action of the United States, and
essentially modified our relations with Europe and our attitude to the
rest of this continent.
The new States were, like ourselves, revolted colonies. They continued
the precedent we had set, of separating from Europe. Their assumption of
independence was stimulated by our example. They professedly imitated
us, and copied our National Constitution, sometimes even to their
inconvenience.
The Spanish American colonies had not the same preparation for
independence that we had. Each of the British colonies possessed
complete local autonomy. Its formal transition from dependence to
independence consisted chiefly in expelling the British governor of the
colony and electing a governor of the State, from which to the organized
Union was but a step. All these conditions of success were wanting in
Spanish America, and hence many of the difficulties in their career
as independent states; and, further, while the revolution in British
America was the exclusive result of the march of opinion in the British
colonies, the simultaneous action of the separate Spanish colonies,
though showing a desire for independence, was principally produced by
the accident of the invasion of Spain by France.
The formation of these new sovereignties in America was important to us,
not only because of the cessation of colonial monopolies to that extent,
but because of the geographical relations to us held by so many new
nations, all, like ourselves, created from European stock and interested
in excluding European politics, dynastic questions, and balances of
power from further influence in the New World.
Thus the United States were forced into new lines of action, which,
though apparently in some respects conflicting, were really in harmony
with the line marked out by Washington. The avoidance of entangling
political alliances and the maintenance of our own independent
neutrality became doubly important from the fact that they became
applicable to the new Republics as well as to the mother country.
The duty of noninterference had been admitted by every President.
The question came up in the time of the first Adams, on the occasion
of the enlistment projects of Miranda. It appeared again under Jefferson
(anterior to the revolt of the Spanish colonies) in the schemes of Aaron
Burr. It was an ever-present question in the Administrations of Madison,
Monroe, and the younger Adams, in reference to the questions of foreign
enlistment or equipment in the United States, and when these new
Republics entered the family of nations, many of them very feeble, and
all too much subject to internal revolution and civil war, a strict
adherence to our previous policy and a strict enforcement of our laws
became essential to the preservation of friendly relations with them;
for since that time it has been one of the principal cares of those
intrusted with the administration of the Government to prevent piratical
expeditions against these sister Republics from leaving our ports.
And thus the changed condition of the New World made no change in the
traditional and peaceful policy of the United States in this respect.
In one respect, however, the advent of these new States in America did
compel an apparent change of foreign policy on our part. It devolved
upon us the determination of the great international question at what
time and under what circumstances to recognize a new power as entitled
to a place among the family of nations. There was but little of
precedent to guide us, except our own case. Something, indeed, could be
inferred from the historical origin of the Netherlands and Switzerland.
But our own case, carefully and conscientiously considered, was
sufficient to guide us to right conclusions. We maintained our position
of international friendship and of treaty obligations toward Spain, but
we did not consider that we were bound to wait for its recognition of
the new Republics before admitting them into treaty relations with us
as sovereign states. We held that it was for us to judge whether or
not they had attained to the condition of actual independence, and the
consequent right of recognition by us. We considered this question of
fact deliberately and coolly. We sent commissioners to Spanish America
to ascertain and report for our information concerning their actual
circumstances, and in the fullness of time we acknowledged their
independence; we exchanged diplomatic ministers, and made treaties of
amity with them, the earliest of which, negotiated by Mr. John Quincy
Adams, served as the model for the subsequent treaties with the Spanish
American Republics. We also, simultaneously therewith, exerted our good
offices with Spain to induce her to submit to the inevitable result and
herself to accept and acknowledge the independence of her late colonies.
We endeavored to induce Russia to join us in these representations.
In all this our action was positive, in the direction of promoting the
complete political separation of America from Europe.
A vast field was thus opened to the statesmen of the United States for
the peaceful introduction, the spread, and the permanent establishment
of the American ideas of republican government, of modification of the
laws of war, of liberalization of commerce, of religious freedom and
toleration, and of the emancipation of the New World from the dynastic
and balance of power controversies of Europe.
Mr. John Quincy Adams, beyond any other statesman of the time in this
country, had the knowledge and experience, both European and American,
the comprehension of thought and purpose, and the moral convictions
which peculiarly fitted him to introduce our country into this new field
and to lay the foundation of an American policy. The declaration known
as the Monroe doctrine, and the objects and purposes of the congress of
Panama, both supposed to have been largely inspired by Mr. Adams, have
influenced public events from that day to this as a principle of
government for this continent and its adjacent islands.
It was at the period of the congress of Aix-la-Chapelle and of
Laybach, when the "Holy Alliance" was combined to arrest all political
changes in Europe in the sense of liberty, when they were intervening
in southern Europe for the reestablishment of absolutism, and when they
were meditating interference to check the progress of free government
in America, that Mr. Monroe, in his annual message of December, 1823,
declared that the United States would consider any attempt to extend
the European system to any portion of this hemisphere as dangerous to
our peace and safety. "With the existing colonies or dependencies of
any European power," he said, "we have not interfered and shall not
interfere; but with the governments who have declared their independence
and maintained it, and whose independence we have, on great
consideration and on just principles, acknowledged, we could not view
any interposition for the purpose of oppressing them, or controlling in
any other manner their destiny, by any European power in any other light
than as the manifestation of an unfriendly disposition toward the United
States."
This declaration resolved the solution of the immediate question of the
independence of the Spanish American colonies, and is supposed to have
exercised some influence upon the course of the British cabinet in
regard to the absolutist schemes in Europe as well as in America.
It has also exercised a permanent influence on this continent. It was at
once invoked in consequence of the supposed peril of Cuba on the side of
Europe; it was applied to a similar danger threatening Yucatan; it was
embodied in the treaty of the United States and Great Britain as to
Central America; it produced the successful opposition of the United
States to the attempt of Great Britain to exercise dominion in Nicaragua
under the cover of the Mosquito Indians; and it operated in like manner
to prevent the establishment of a European dynasty in Mexico.
The United States stand solemnly committed by repeated declarations and
repeated acts to this doctrine, and its application to the affairs of
this continent. In his message to the two Houses of Congress at the
commencement of the present session the President, following the
teachings of all our history, said that the existing "dependencies are
no longer regarded as subject to transfer from one European power to
another. When the present relation of colonies ceases, they are to
become independent powers, exercising the right of choice and of
self-control in the determination of their future condition and
relations with other powers."
This policy is not a policy of aggression; but it opposes the creation
of European dominion on American soil, or its transfer to other European
powers, and it looks hopefully to the time when, by the voluntary
departure of European Governments from this continent and the adjacent
islands, America shall be wholly American.
It does not contemplate forcible intervention in any legitimate contest,
but it protests against permitting such a contest to result in the
increase of European power or influence; and it ever impels this
Government, as in the late contest between the South American Republics
and Spain, to interpose its good offices to secure an honorable peace.
The congress of Panama was planned by Bolivar to secure the union of
Spanish America against Spain. It had originally military as well as
political purposes. In the military objects the United States could take
no part; and, indeed, the necessity for such objects ceased when the
full effects of Mr. Monroe's declarations were felt. But the pacific
objects of the congress--the establishment of close and cordial
relations of amity, the creation of commercial intercourse, of
interchange of political thought, and of habits of good understanding
between the new Republics and the United States and their respective
citizens--might perhaps have been attained had the Administration of
that day received the united support of the country. Unhappily, they
were lost; the new States were removed from the sympathetic and
protecting influence of our example, and their commerce, which we might
then have secured, passed into other hands, unfriendly to the United
States.
In looking back upon the Panama congress from this length of time it is
easy to understand why the earnest and patriotic men who endeavored to
crystallize an American system for this continent failed.
Mr. Clay and Mr. Adams were far-sighted statesmen, but, unfortunately,
they struck against the rock of African slavery. One of the questions
proposed for discussion in the conference was "the consideration of
the means to be adopted for the entire abolition of the African slave
trade," to which proposition the committee of the United States Senate
of that day replied: "The United States have not certainly the right,
and ought never to feel the inclination, to dictate to others who may
differ with them upon this subject; nor do the committee see the
expediency of insulting other states with whom we are maintaining
relations of perfect amity by ascending the moral chair and proclaiming
from thence mere abstract principles, of the rectitude of which each
nation enjoys the perfect right of deciding for itself." The same
committee also alluded to the possibility that the condition of the
islands of Cuba and Porto Rico, still the possessions of Spain and
still slaveholding, might be made the subject of discussion and of
contemplated action by the Panama congress. "If ever the United States,"
they said, "permit themselves to be associated with these nations in any
general congress assembled for the discussion of common plans in any way
affecting European interests, they will by such act not only deprive
themselves of the ability they now possess of rendering useful
assistance to the other American States, but also produce other effects
prejudicial to their own interests."
Thus the necessity at that day of preserving the great interest of the
Southern States in African slavery, and of preventing a change in the
character of labor in the islands of Cuba and Porto Rico, lost to the
United States the opportunity of giving a permanent direction to the
political and commercial connections of the newly enfranchised Spanish
American States, and their trade passed into hands unfriendly to the
United States, and has remained there ever since.
Events subsequent to that date have tended to place us in a position to
retrieve our mistakes, among which events may be particularly named the
suppression of the rebellion, the manifestation of our undeveloped and
unexpected military power, the retirement of the French from Mexico, and
the abolition of slavery in the United States.
There is good reason to believe that the latter fact has had an
important influence in our favor in Spanish America. It has caused us
to be regarded there with more sympathetic as well as more respectful
consideration. It has relieved those Republics from the fear of
filibusterism which had been formerly incited against Central America
and Mexico in the interest of slave extension, and it has produced
an impression of the stability of our institutions and of our public
strength sufficient to dissipate the fears of our friends or the hopes
of those who wish us ill.
Thus there exists in the Spanish American Republics confidence toward
the United States. On our side they find a feeling of cordial amity and
friendship, and a desire to cultivate and develop our common interests
on this continent. With some of these States our relations are more
intimate than with others, either by reason of closer similarity of
constitutional forms, of greater commercial intercourse, of proximity in
fact, or of the construction or contemplated construction of lines of
transit for our trade and commerce between the Atlantic and the Pacific.
With several of them we have peculiar treaty relations. The treaty of
1846 between the United States and New Granada contains stipulations
of guaranty for the neutrality of that part of the Isthmus within the
present territory of Colombia, and for the protection of the rights
of sovereignty and property therein belonging to Colombia. Similar
stipulations appear in the treaty of 1867 with Nicaragua, and of July,
1864, with Honduras. Those treaties (like the treaty of alliance made
with France in 1778 by Dr. Franklin, Silas Deane, and Arthur Lee)
constitute _pro tanto_ a true protective alliance between the United
States and each of those Republics. Provisions of like effect appear
in the treaty of April 19, 1850, between Great Britain and the United
States.
Brazil, with her imperial semblance and constitutional reality, has
always held relations of amity with us, which have been fortified by
the opening of her great rivers to commerce. It needs only that, in
emulation of Russia and the United States, she should emancipate her
slaves to place her in more complete sympathy with the rest of America.
It will not be presumptuous, after the foregoing sketch, to say, with
entire consideration for the sovereignty and national pride of the
Spanish American Republics, that the United States, by the priority
of their independence, by the stability of their institutions, by the
regard of their people for the forms of law, by their resources as a
government, by their naval power, by their commercial enterprise, by the
attractions which they offer to European immigration, by the prodigious
internal development of their resources and wealth, and by the
intellectual life of their population, occupy of necessity a prominent
position on this continent, which they neither can nor should abdicate,
which entitles them to a leading voice, and which imposes upon them
duties of right and of honor regarding American questions, whether those
questions affect emancipated colonies or colonies still subject to
European dominion.
The public questions which existed as to all European colonies prior to
and during the revolutions in the continental colonies of Spain and
Portugal still exist with reference to the European colonies which
remain; and they now return upon us in full force, as we watch events in
Cuba and Porto Rico.
Whatever may be the result of the pending contest in Cuba, it appears
to be the belief of some of the leading statesmen of Spain that the
relations which now exist between the island and the mother country can
not be long continued. It is understood that the resources for carrying
on the struggle have been supplied mainly from Cuba, by the aid of that
portion of the population which does not desire to see its political
destinies intrusted to the persons who direct the movements of the
insurgents; but it does not follow that its political relations with
Spain are to remain unchanged, or that even the party which is now
dominant in the island will wish to forever continue colonists.
These facts give reason to think that when the contest shall close,
Cuba, with her resources strained, but unexhausted (whatever may be
her political relations), will resume and continue her old commercial
relations with the United States; and it is not impossible that at some
day, not far distant when measured by the course of history, she will be
called upon to elect her position in the family of nations.
Although the resolution of the Senate does not in terms apply to the
islands of the Antilles, it is impossible to answer it without speaking
of them. They outlie the southern coast of the United States and guard
the approaches to the ports of Mexico, Venezuela, and the Isthmus, by
which we reach from the east the western coasts of Mexico and of the
Spanish States. The people of the Spanish islands speak the language
and share the traditions, customs, ideas, and religion of the Spanish
American States of the continent, and will probably, like them, become
at some time independent of the mother country. It would, therefore,
be unwise, while shaping a commercial policy for the continent, to
disregard the islands which lie so much nearer to our seaports.
With the Spanish islands of Cuba and Porto Rico we maintain, in spite of
their adverse legislation, a large commerce by reason of our necessities
and of their proximity. In the year ending June 30, 1869, we imported
from them merchandise valued at $65,609,274. During the same time we
sent them goods to the value only of $15,313,919.
The prohibitory duties forced upon them by the policy of Spain
shut out much that we might supply. Their tropical productions, for
instance, are too valuable to allow their lands to be given up to the
growth of breadstuffs; yet, instead of taking these articles from the
superabundant fields of their nearest neighbors, they are forced to
go to the distant plains of Spain. It will be for the interest of the
United States to shape its general policy so that this relation of
imports and exports shall be altered in Cuba when peace is restored
and its political condition is satisfactorily established.
With none of the other Spanish American States in North and South
America are our commercial relations what they should be. Our total
imports in the year ending June 30, 1869, from these countries were less
than $25,000,000 (or not one-half the amount from Cuba alone), and our
exports for the same time to them were only $17,850,313; and yet these
countries have an aggregate population nearly or quite as great as that
of the United States; they have republican forms of government, and they
profess to be, and probably really are, in political sympathy with us.
This Department is not able to give with entire accuracy the imports
and exports of Great Britain with the same countries during the
corresponding period. It is believed, however, the following figures
will be found to be not far from correct: Imports to Great Britain,
$42,820,942; exports from Great Britain, $40,682,102.
It thus appears that notwithstanding the greater distance which
the commerce has to travel in coming to and from Great Britain,
notwithstanding the political sympathy which ought naturally to exist
between republics, notwithstanding the American idea which has been
so prominently and so constantly put forward by the Government of the
United States, notwithstanding the acknowledged skill of American
manufacturers, notwithstanding the ready markets which the great cities
of the United States afford for the consumption of tropical productions,
the inhabitants of the Spanish American continent consume of the
products of Great Britain more than twice the quantity they take of
the products of the United States, and that they sell to us only
three-fifths of the amount they sell to Great Britain.
The Secretary of State appends to this report the tables on which these
statements are founded. That their commerce with the United States is
not large may be partially explained by the fact that these States have
been subject to many successive revolutions since the failure of the
congress of Panama. These revolutions not only exhaust their resources
and burden them with debt, but they check emigration, prevent the flow
of foreign capital into the country, and stop the enterprise which needs
a stable government for its development.
These suggestions are, however, applicable to the British commerce as
well as to our own, and they do not explain why we, with the natural
advantages in our favor, fall so far behind. The Isthmus of Panama is
the common point where the commerce of the western coasts of Mexico and
South America meets. When it arrives there, why should it seek Liverpool
and London rather than New York?
The political causes which have operated to divert this commerce from us
the Secretary of State has endeavored to explain. A favorable time has
now come for removing them--for laying the foundation of an American
policy which shall bind in closer union the American Republics. Let
them understand that the United States do not covet their territories;
that our only desire is to see them peaceful, with free and stable
governments, increasing in wealth and population, and developing in the
lines in which their own traditions, customs, habits, laws, and modes
of thought will naturally take them. Let them feel that, as in 1826,
so now, this Government is ready to aid them to the full extent of its
constitutional power in any steps which they may take for their better
protection against anarchy. Let them be convinced that the United States
is prepared, in good faith and without ulterior purposes, to join them
in the development of a peaceful American commercial policy that may in
time include this continent and the West Indian Islands. Let this be
comprehended, and there will be no political reason why we may not
"secure to the United States that proportionate share of the trade of
this continent to which their close relations of geographical contiguity
and political friendship with all the States of America justly entitle
them."
It may not be enough to remove the political obstacles only. The
financial policy which the war made necessary may have operated
injuriously upon our commerce with these States. The resolution of the
Senate calls, on these points, for detailed information which is not
within the control of the Secretary of State, and for recommendations
for the future which he is not prepared to give without that
information. To fully answer the Senate's call, it would probably be
necessary to employ some competent agent, familiar with the Spanish
American States, to collate and arrange the information asked for.
For this there is no appropriation by Congress.
Respectfully submitted.
HAMILTON FISH.
_Commerce of the United States with the countries on this continent and
adjacent islands for the year ended June 30, 1860_.
[Compiled from the Annual Report on Commerce and Navigation.]
Countries. Imports. Exports. Reexports. Total Total
exports. commerce.
_______________________________________________________________________
Dominion of
Canada $3,353,010 $18,188,613 $2,858,782 $21,047,395 $51,400,405
All other
British
possessions
in North
America 1,737,304 2,703,173 446,664 3,149,837 4,887,141
British West
Indies 6,682,391 9,142,344 101,760 9,244,104 15,926,495
==========================================================
Total 38,772,705 30,034,130 3,407,206 33,441,336 72,214,041
-----------------------------------------------------------------------
Cuba 58,201,374 12,643,955 7,064,787 19,708,742 77,910,116
Porto Rico 7,407,900 2,669,964 114,037 2,784,001 10,191,901
==========================================================
Total 65,609,274 15,313,919 7,178,824 22,492,743 88,102,017
-----------------------------------------------------------------------
French
possessions
in America 696,952 1,174,056 45,514 1,219,570 1,916,522
Danish West
Indies 638,550 1,500,000 39,121 1,539,121 2,177,671
Dutch West
Indies and
Guiana 999,099 926,051 29,595 955,646 1,954,745
Hayti and
San Domingo 729,632 1,349,438 129,462 1,478,900 2,208,532
Sandwich
Islands 1,298,065 700,962 86,665 787,627 2,085,712
==========================================================
Total 4,362,318 5,650,507 330,357 5,980,864 10,343,182
-----------------------------------------------------------------------
Mexico 7,232,006 3,836,699 1,047,408 4,884,107 12,116,113
Central
American
States 733,296 1,324,336 52,146 1,376,482 2,109,778
Colombia 5,291,706 4,900,075 180,267 5,080,342 10,372,048
Peru 1,386,310 1,556,434 116,911 1,673,445 3,059,755
Chile 1,186,982 1,969,580 115,905 2,085,485 3,272,467
Argentine
Republic 5,162,966 2,235,089 272,425 2,507,514 7,670,480
Uruguay 1,472,608 835,112 58,270 894,382 2,366,990
Brazil 24,912,450 5,910,565 158,514 6,069,079 30,981,529
Venezuela 2,431,760 1,191,888 29,176 1,221,064 3,652,824
==========================================================
Total 49,810,084 23,760,878 2,031,022 25,791,900 75,601,984
-----------------------------------------------------------------------
Grand
total 158,554,381 74,759,434 12,947,409 87,706,843 246,261,224
==========================================================
Total
commerce
of
United
States 437,314,255 413,954,615 25,173,414 439,128,029 876,442,284
_______________________________________________________________________
_Imports and exports of Great Britain with Spanish America and some
of the West India Islands for parts of the years 1868 and 1869_.
Year. Imports. Exports.
==================================================================
Cuba and Porto Rico 1869 £3,228,292 £1,374,242
French possessions in America 1868 4,252 3,002
Danish West Indies 1868 295,102 9,211
Dutch West Indies and Guiana 1868 148,882 4,444
Hayti and San Domingo 1868 220,806 6,043
Sandwich Islands 1868 33,336 917
Mexico 1868 350,664 92,077
Central American States 1868 939,827 173,611
Colombia 1869 971,396 2,500,039
Peru 1869 2,734,784 1,180,931
Chile 1869 3,211,174 1,596,905
Argentine Republic 1869 1,034,445 1,841,953
Uruguay 1869 535,015 1,009,425
Brazil 1869 7,754,526 5,477,439
Venezuela 1868 69,997 10,452
==================================================================
WASHINGTON, _July 14, 1870_.
_To the Senate of the United States:_
I transmit, for the consideration of the Senate with a view to
ratification, a convention between the United States and His Majesty the
King of Sweden and Norway, relative to the citizenship of natives of the
one country who may emigrate to the other. A protocol on the subject is
also herewith transmitted.
U.S. GRANT.
WASHINGTON, _July 14, 1870_.
_To the Senate of the United States:_
I transmit, for consideration with a view to its ratification, a
convention between the United States and the Republic of Salvador for
the surrender of fugitive criminals, signed at San Salvador on the 23d
day of May last.
U.S. GRANT.
WASHINGTON, D.C., _July 15, 1870_.
_To the Senate and House of Representatives:_
Your attention is respectfully called to the necessity of passing an
Indian appropriation bill before the members of Congress separate.
Without such appropriation Indian hostilities are sure to ensue, and
with them suffering, loss of life, and expenditures vast as compared
with the amount asked for.
The latest intelligence from Europe indicates the imminence of a
war between France and North Germany. In view of this a sound policy
indicates the importance of some legislation tending to enlarge the
commercial marine of this country. The vessels of this country at the
present time are insufficient to meet the demand which the existence of
a war in Europe will impose upon the commerce of the United States, and
I submit to the consideration of Congress that the interests of the
country will be advanced by the opportunity afforded to our citizens to
purchase vessels of foreign construction for the foreign trade of the
country. An act to this effect may be limited in its duration to meet
the immediate exigency.
The foreign-mail service of the United States is in a large degree
dependent upon the Bremen and Hamburg lines of steamers. The Post-Office
Department has entered into contracts in writing with the two companies
above named, and with the Williams and Guion lines, respectively, for a
regular and continuous service of two years. The only arrangement that
could be made with the Inman and Cunard lines is temporary, and may be
broken off at any time.
The North German lines are first class in point of speed and equipment,
their steamers usually making the trip across the Atlantic in from
twenty-four to thirty-six hours in advance of the Williams and Guion
lines.
Should the North German steamers be blockaded or impeded by France, our
postal intercourse with foreign nations will be greatly embarrassed
unless Congress shall interpose for its relief.
I suggest to Congress the propriety of further postponing the time for
adjournment, with the view of considering the questions herein
communicated.
U.S. GRANT.
WASHINGTON, _July 15, 1870_.
_To the Senate of the United States:_
In answer to their resolution of the 9th instant, I transmit a report[28]
from the Secretary of State and the papers which accompanied it.
U.S. GRANT.
[Footnote 28: Relating to the importation of Chinese coolies into the
United States.]
VETO MESSAGES.
EXECUTIVE MANSION, _Washington, D.C., January 11, 1870_.
_To the Senate of the United States:_
I return herewith without my approval Senate bill No. 273, entitled
"An act for the relief of Rollin White," for the reasons set forth in
the accompanying communication, dated December n, 1869, from the Chief
of Ordnance.
U.S. GRANT.
ORDNANCE OFFICE, WAR DEPARTMENT, _Washington, December 11, 1869_.
Hon. W.W. BELKNAP,
_Secretary of War_.
SIR: In the year 1855 Rollin White obtained letters patent for
improvements in repeating pistols, in (among other things) extending the
chambers of the rotating cylinder through to the rear, so as to enable
the chambers to be charged at the rear by hand or by a self-acting
charger.
Some time afterwards, and prior to the breaking out of the rebellion,
he assigned this patent to Smith & Wesson, of Springfield, Mass., for
the sum of $500 in cash and their obligation to pay him 25 cents royalty
on each pistol manufactured under the patent, binding himself to apply
for and to use his influence to procure a renewal of the patent. He
afterwards surrendered this original patent and obtained a reissue
in three divisions. Two years before the expiration of the latter he
applied to the Commissioner of Patents for an extension, upon the
ground of insufficiency of compensation. The Commissioner rejected the
application for an extension, without assigning any reason, and the
patents expired by limitation on the 3d of April, 1869, and the
invention became public property.
On the 9th of April, 1869, a bill authorizing the Commissioner of
Patents to reconsider the application of Rollin White for extension of
his patents was introduced in the Senate and passed without debate. It
passed the House without debate on the 10th of April, but failed to
receive the signature of the Vice-President before Congress adjourned.
It is understood that it has now been signed by that officer, and only
awaits the approval of the President to become a law.
Unless the ends of justice require the extension of this patent, it
should not be renewed. So far as I have been able to ascertain, justice
to the Government and to the public forbids this patent from being
renewed.
The validity of the patent has been questioned for many years, and it is
understood that it was only affirmed by the Supreme Court by a tie vote,
four of the justices voting affirmatively and an equal number
negatively.
Its renewal is urged by Rollin White upon the ground that he has not
been sufficiently compensated for his invention. Rollin White has
received nearly $71,000 as royalty. Smith & Wesson, for the years 1862,
1863, 1864, 1865, 1866, 1867, and 1868, returned incomes amounting in
the aggregate to about $1,000,000. This was derived chiefly from the
manufacture of firearms under Rollin White's patent, that firm holding
the exclusive right to manufacture under it and being engaged almost
exclusively in their manufacture.
It is believed that the Government suffered inconvenience and
embarrassment enough during the war in consequence of the inability of
manufacturers to use this patent, and that its further extension will
operate prejudicially to its interest by compelling it to pay to parties
already well paid a large royalty for altering its revolvers to use
metallic cartridges.
For these reasons I respectfully request that you will call the
attention of the President of the United States to this subject before
he acts upon the bill which is now before him.
Respectfully, your obedient servant,
A.B. DYER,
_Brevet Major-General, Chief of Ordnance_.
EXECUTIVE MANSION, _July 14, 1870_.
_To the Senate of the United States:_
I herewith return without my approval Senate bill No. 476, "An act to
fix the status of certain Federal soldiers enlisting in the Union Army
from the States of Alabama and Florida," for the reasons embodied in the
following facts, which have been obtained from the office of the Second
Comptroller:
The First Regiment of Florida Cavalry, composed of six companies, was
organized from December, 1862, to August, 1864, to serve three years.
It was mustered out of service November 17, 1865, by reason of general
order from the War Department discharging all cavalry organizations east
of the Mississippi.
The men of this regiment enlisting prior to July 18, 1864, received $25
advance bounty at muster-in, and the discharged soldiers and heirs of
those deceased have been paid the same bounty under act of July 22,
1861, joint resolution of January 13, 1864, an act of July 28, 1866,
as men enlisted at the same time in other volunteer organizations.
The Second Regiment of Florida Cavalry, composed of seven companies, was
organized from December, 1863, to June, 1864, to serve three years. It
was mustered out November 29, 1865, by reason of the order discharging
cavalry organizations east of the Mississippi. Most of the men received
the $25 advance bounty at muster-in, and the discharged men and heirs of
deceased men have received bounty under the several acts of Congress
cited above, subject to the same conditions which apply to men who
enlisted at the same time in other volunteer organizations.
The First Alabama Cavalry was originally organized as a one-year
regiment from December, 1862, to September, 1863, and two companies
of three-years men (Companies I and K) were added to complete its
organization. These companies were formerly Companies D and E of the
First Middle Tennessee Cavalry. Prior to the expiration of the term
of the one-year men, the Adjutant-General of the Army, of date May 15,
1863, authorized General Dodge to fill up this command, and in accordance
therewith the places of the companies discharged by reason of expiration
of term were filled by companies of men enlisted for three years. The
original companies, A, B, C, D, E, F, G, H, and L, were organized from
December, 1862, to September 25, 1863, and were discharged by companies
from December 22, 1863, to September 28, 1864, in order as the term (one
year) of each company expired. Companies I and K, mustered in August,
1862, to serve three years, were discharged in July, 1865, by reason
of expiration of term of service. As reorganized under the order above
mentioned, the regiment consisted of Companies A, B, C, D, E, and G,
organized from February 5, 1864, to October, 1864, to serve three years;
Companies F, L, and M, organized from December 28, 1863, to October 31,
1864, to serve one and three years; Company H, organized in March and
April, 1865, to serve three years, and Companies I and K, of the old
organization described above. The men of the First Alabama Cavalry who
enlisted for three years have been paid bounty under the several acts
of Congress upon the same principles which apply to other three-years
volunteers. The one-year men enlisted prior to July 18, 1864, received
no bounty, but $100 bounty has been paid the proper heirs of the
one-year men of this organization who died in the service, in accordance
with the act of July 22, 1861, under which the regiment was originally
organized.
Some of the men of these organizations were erroneously paid by the Pay
Department at the time of their muster out of service, they having been
paid but $100, when they should have been allowed $300 under the joint
resolution of January 13, 1864. The balance of bounty due these men is
being paid by the proper accounting officers. It will be seen by
comparing the above statement with the act under consideration that the
effect of the act will be to give the one-year men of the First Alabama
Cavalry, nearly all of whom enlisted in 1862 and 1863, a bounty of $100
each, or a proportionate part, according to the time served. It would
give each man of Companies I and K of the First Alabama Cavalry $100
more bounty. The bounty of the other three-years men of the First
Alabama Cavalry, First Florida Cavalry, and Second Florida Cavalry, who
enlisted prior to December 25, 1863, and from April 1, 1864, to July 17,
1864, inclusive, and who were discharged by reason of orders from the
War Department, will not be affected.
The men enlisting in these organizations under joint resolution of
January 13, 1864, receive under existing laws $100 more bounty than they
would be entitled to receive if the act under consideration becomes a
law.
In case of deceased men the working of the act is still more perplexing,
as the prescribed order of inheritance under the act of July 4, 1864, is
entirely different from that under all other acts.
A large proportion of the claims in case of the deceased men have been
settled, and the bounties have been paid fathers, mothers, brothers,
and sisters, the proper heirs under existing laws, which under this act
would go only to the widow, children, and widowed mother. Bounty has
also been paid to parents under act of July 28, 1866, which this act
would require to be paid to the widow, although she may have remarried.
Under the act of July 28, 1866, children of age are not entitled, but
this act makes them joint heirs with the minor children.
In case of the deceased one-year men, and the three-years men enlisted
under joint resolution of January 13, 1864, the effect of this act would
only be to change the prescribed order of inheritance.
In case of the three-years men enlisted under act of July 22, 1861, the
order of inheritance is changed by this act, and the heirs entitled
(widow, children, and widowed mother) will receive $100 more bounty than
they are now entitled to receive.
It may be well to state that November 14, 1864, the War Department gave
authority to enlist men who had deserted from the rebel army as recruits
for the First Alabama Cavalry, with the distinct understanding that they
were to receive no bounty. Such recruits have not been paid bounty, and
it may be a question whether the act under consideration would entitle
them to any.
U.S. GRANT.
PROCLAMATIONS.
BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
A PROCLAMATION.
Whereas, pursuant to the first section of the act of Congress approved
the 11th day of June, 1864, entitled "An act to provide for the
execution of treaties between the United States and foreign nations
respecting consular jurisdiction over the crews of vessels of such
foreign nations in the waters and ports of the United States," it is
provided that before that act shall take effect as to the ships and
vessels of any particular nation having such treaty with the United
States the President of the United States shall have been satisfied that
similar provisions have been made for the execution of such treaty by
the other contracting party, and shall have issued his proclamation to
that effect, declaring that act to be in force as to such nation; and
Whereas due inquiry having been made and satisfactory answers having
been received that similar provisions are in force in France, Prussia
and the other States of the North German Union, and Italy:
Now, therefore, be it known that I, Ulysses S. Grant, President of the
United States of America, do hereby proclaim the same accordingly.
Done at the city of Washington, this 10th day of February, A.D. 1870,
and of the Independence of the United States of America the
ninety-fourth.
[SEAL.]
U.S. GRANT.
By the President:
HAMILTON FISH,
_Secretary of State_.
ULYSSES S. GRANT, PRESIDENT OF THE UNITED STATES OF AMERICA.
_To all whom it may concern:_
An exequatur, bearing date the 17th day of June, 1865, having been
issued to Joaquin de Palma, recognizing him as vice-consul of Portugal
at Savannah, Ga., and declaring him free to exercise and enjoy such
functions, powers, and privileges as are allowed to vice-consuls by the
law of nations or by the laws of the United States and existing treaty
stipulations between the Government of Portugal and the United States;
but for satisfactory reasons it is deemed advisable that the said
Joaquin de Palma should no longer be permitted to continue in the
exercise of said functions, powers, and privileges:
These are therefore to declare that I no longer recognize the said
Joaquin de Palma as vice-consul of Portugal at Savannah, Ga., and will
not permit him to exercise or enjoy any of the functions, powers, or
privileges allowed to a consular officer of that nation; and that I do
hereby wholly revoke and annul the said exequatur heretofore given, and
do declare the same to be absolutely null and void from this day
forward.
In testimony whereof I have caused these letters to be made patent and
the seal of the United States of America to be hereunto affixed.
[SEAL.]
Given under my hand, at Washington, this 12th day of May, A.D. 1870, and
of the Independence of the United States of America the ninety-fourth.
U.S. GRANT.
By the President:
HAMILTON FISH,
_Secretary of State_.
BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
A PROCLAMATION.
Whereas it has come to my knowledge that sundry illegal military
enterprises and expeditions are being set on foot within the territory
and jurisdiction of the United States with a view to carry on the same
from such territory and jurisdiction against the people and district of
the Dominion of Canada, within the dominions of Her Majesty the Queen of
the United Kingdom of Great Britain and Ireland, with whom the United
States are at peace:
Now, therefore, I, Ulysses S. Grant, President of the United States, do
hereby admonish all good citizens of the United States and all persons
within the territory and jurisdiction of the United States against
aiding, countenancing, abetting, or taking part in such unlawful
proceedings; and I do hereby warn all persons that by committing such
illegal acts they will forfeit all right to the protection of the
Government or to its interference in their behalf to rescue them from
the consequences of their own acts; and I do hereby enjoin all officers
in the service of the United States to employ all their lawful authority
and power to prevent and defeat the aforesaid unlawful proceedings and
to arrest and bring to justice all persons who may be engaged therein.
In testimony whereof I have hereunto set my hand and caused the seal of
the United States to be affixed.
[SEAL.]
Done at the city of Washington, this 24th day of May, A.D. 1870, and of
the Independence of the United States the ninety-fourth.
U.S. GRANT.
By the President:
HAMILTON FISH,
_Secretary of State_.
BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
A PROCLAMATION.
Whereas a state of war unhappily exists between France on the one side
and the North German Confederation and its allies on the other side; and
Whereas the United States are on terms of friendship and amity with all
the contending powers and with the persons inhabiting their several
dominions; and
Whereas great numbers of the citizens of the United States reside within
the territories or dominions of each of the said belligerents and carry
on commerce, trade, or other business or pursuits therein, protected by
the faith of treaties; and
Whereas great numbers of the subjects or citizens of each of the said
belligerents reside within the territory or jurisdiction of the United
States and carry on commerce, trade, or other business or pursuits
therein; and
Whereas the laws of the United States, without interfering with the free
expression of opinion and sympathy, or with the open manufacture or sale
of arms or munitions of war, nevertheless impose upon all persons who
may be within their territory and jurisdiction the duty of an impartial
neutrality during the existence of the contest:
Now, therefore, I, Ulysses S. Grant, President of the United States,
in order to preserve the neutrality of the United States and of their
citizens and of persons within their territory and jurisdiction, and to
enforce their laws, and in order that all persons, being warned of the
general tenor of the laws and treaties of the United States in this
behalf and of the law of nations, may thus be prevented from an
unintentional violation of the same, do hereby declare and proclaim that
by the act passed on the 20th day of April, A.D. 1818, commonly known as
the "neutrality law," the following acts are forbidden to be done, under
severe penalties, within the territory and jurisdiction of the United
States, to wit:
1. Accepting and exercising a commission to serve either of the said
belligerents, by land or by sea, against the other belligerent.
2. Enlisting or entering into the service of either of the said
belligerents as a soldier or as a marine or seaman on board of any
vessel of war, letter of marque, or privateer.
3. Hiring or retaining another person to enlist or enter himself in the
service of either of the said belligerents as a soldier or as a marine
or seaman on board of any vessel of war, letter of marque, or privateer.
4. Hiring another person to go beyond the limits or jurisdiction of the
United States with intent to be enlisted as aforesaid.
5. Hiring another person to go beyond the limits of the United States
with intent to be entered into service as aforesaid.
6. Retaining another person to go beyond the limits of the United States
with intent to be enlisted as aforesaid.
7. Retaining another person to go beyond the limits of the United States
with intent to be entered into service as aforesaid. (But the said act
is not to be construed to extend to a citizen or subject of either
belligerent who, being transiently within the United States, shall, on
board of any vessel of war which at the time of its arrival within the
United States was fitted and equipped as such vessel of war, enlist or
enter himself, or hire or retain another subject or citizen of the same
belligerent who is transiently within the United States to enlist or
enter himself, to serve such belligerent on board such vessel of war,
if the United States shall then be at peace with such belligerent.)
8. Fitting out and arming, or attempting to fit out and arm, or
procuring to be fitted out and armed, or knowingly being concerned in
the furnishing, fitting out, or arming of any ship or vessel with intent
that such ship or vessel shall be employed in the service of either of
the said belligerents.
9. Issuing or delivering a commission within the territory or
jurisdiction of the United States for any ship or vessel to the intent
that she may be employed as aforesaid.
10. Increasing or augmenting, or procuring to be increased or augmented,
or knowingly being concerned in increasing or augmenting, the force of
any ship of war, cruiser, or other armed vessel which at the time of her
arrival within the United States was a ship of war, cruiser, or armed
vessel in the service of either of the said belligerents, or belonging
to the subjects or citizens of either, by adding to the number of guns
of such vessel, or by changing those on board of her for guns of a
larger caliber, or by the addition thereto of any equipment solely
applicable to war.
11. Beginning or setting on foot or providing or preparing the means
for any military expedition or enterprise to be carried on from the
territory or jurisdiction of the United States against the territories
or dominions of either of the said belligerents.
And I do further declare and proclaim that by the nineteenth article of
the treaty of amity and commerce which was concluded between His Majesty
the King of Prussia and the United States of America on the 11th day of
July, A.D. 1799, which article was revived by the treaty of May 1, A.D.
1828, between the same parties, and is still in force, it was agreed
that "the vessels of war, public and private, of both parties shall
carry freely, wheresoever they please, the vessels and effects taken
from their enemies, without being obliged to pay any duties, charges, or
fees to officers of admiralty, of the customs, or any others; nor shall
such prizes be arrested, searched, or put under legal process when they
come to and enter the ports of the other party, but may freely be
carried out again at any time by their captors to the places expressed
in their commissions, which the commanding officer of such vessel shall
be obliged to show."
And I do further declare and proclaim that it has been officially
communicated to the Government of the United States by the envoy
extraordinary and minister plenipotentiary of the North German
Confederation at Washington that private property on the high seas will
be exempted from seizure by the ships of His Majesty the King of
Prussia, without regard to reciprocity.
And I do further declare and proclaim that it has been officially
communicated to the Government of the United States by the envoy
extraordinary and minister plenipotentiary of His Majesty the Emperor of
the French at Washington that orders have been given that in the conduct
of the war the commanders of the French forces on land and on the seas
shall scrupulously observe toward neutral powers the rules of
international law and that they shall strictly adhere to the principles
set forth in the declaration of the congress of Paris of the 16th of
April, 1856; that is to say:
First. That privateering is and remains abolished.
Second. That the neutral flag covers enemy's goods, with the exception
of contraband of war.
Third. That neutral goods, with the exception of contraband of war, are
not liable to capture under the enemy's flag.
Fourth. That blockades, in order to be binding, must be effective--that
is to say, maintained by a force sufficient really to prevent access to
the coast of the enemy; and that, although the United States have not
adhered to the declaration of 1856, the vessels of His Majesty will not
seize enemy's property found on board of a vessel of the United States,
provided that property is not contraband of war.
And I do further declare and proclaim that the statutes of the United
States and the law of nations alike require that no person within the
territory and jurisdiction of the United States shall take part,
directly or indirectly, in the said war, but shall remain at peace with
each of the said belligerents and shall maintain a strict and impartial
neutrality, and that whatever privileges shall be accorded to one
belligerent within the ports of the United States shall be in like
manner accorded to the other.
And I do hereby enjoin all the good citizens of the United States and
all persons residing or being within the territory or jurisdiction of
the United States to observe the laws thereof and to commit no act
contrary to the provisions of the said statutes or in violation of the
law of nations in that behalf.
And I do hereby warn all citizens of the United States and all persons
residing or being within their territory or jurisdiction that while the
free and full expression of sympathies in public and private is not
restricted by the laws of the United States, military forces in aid of
either belligerent can not lawfully be originated or organized within
their jurisdiction; and that while all persons may lawfully and without
restriction, by reason of the aforesaid state of war, manufacture and
sell within the United States arms and munitions of war and other
articles ordinarily known as "contraband of war," yet they can not carry
such articles upon the high seas for the use or service of either
belligerent, nor can they transport soldiers and officers of either,
or attempt to break any blockade which may be lawfully established and
maintained during the war, without incurring the risk of hostile capture
and the penalties denounced by the law of nations in that behalf.
And I do hereby give notice that all citizens of the United States
and others who may claim the protection of this Government who may
misconduct themselves in the premises will do so at their peril, and
that they can in no wise obtain any protection from the Government of
the United States against the consequences of their misconduct.
In witness whereof I have hereunto set my hand and caused the seal
of the United States to be affixed.
[SEAL.]
Done at the city of Washington, this 22d day of August, A.D. 1870, and
of the Independence of the United States of America the ninety-fifth.
U.S. GRANT.
By the President:
HAMILTON FISH,
_Secretary of State_.
BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
A PROCLAMATION.
Whereas on the 22d day of August, 1870, my proclamation was issued
enjoining neutrality in the present war between France and the North
German Confederation and its allies, and declaring, so far as then
seemed to be necessary, the respective rights and obligations of the
belligerent parties and of the citizens of the United States; and
Whereas subsequent information gives reason to apprehend that armed
cruisers of the belligerents may be tempted to abuse the hospitality
accorded to them in the ports, harbors, roadsteads, and other waters of
the United States, by making such waters subservient to the purposes of
war:
Now, therefore, I, Ulysses S. Grant, President of the United States of
America, do hereby proclaim and declare that any frequenting and use of
the waters within the territorial jurisdiction of the United States by
the armed vessels of either belligerent, whether public ships or
privateers, for the purpose of preparing for hostile operations or as
posts of observation upon the ships of war or privateers or merchant
vessels of the other belligerent lying within or being about to enter
the jurisdiction of the United States, must be regarded as unfriendly
and offensive and in violation of that neutrality which it is the
determination of this Government to observe; and to the end that the
hazard and inconvenience of such apprehended practices may be avoided, I
further proclaim and declare that from and after the 12th day of October
instant, and during the continuance of the present hostilities between
France and the North German Confederation and its allies, no ship of war
or privateer of either belligerent shall be permitted to make use of any
port, harbor, roadstead, or other waters within the jurisdiction of the
United States as a station or place of resort for any warlike purpose or
for the purpose of obtaining any facilities of warlike equipment; and
no ship of war or privateer of either belligerent shall be permitted to
sail out of or leave any port, harbor, roadstead, or waters subject to
the jurisdiction of the United States from which a vessel of the other
belligerent (whether the same shall be a ship of war, a privateer, or a
merchant ship) shall have previously departed until after the expiration
of at least twenty-four hours from the departure of such last-mentioned
vessel beyond the jurisdiction of the United States. If any ship
of war or privateer of either belligerent shall, after the time this
notification takes effect, enter any port, harbor, roadstead, or waters
of the United States, such vessel shall be required to depart and to
put to sea within twenty-four hours after her entrance into such port,
harbor, roadstead, or waters, except in case of stress of weather or of
her requiring provisions or things necessary for the subsistence of her
crew or for repairs, in either of which cases the authorities of the
port or of the nearest port (as the case may be) shall require her to
put to sea as soon as possible after the expiration of such period of
twenty-four hours, without permitting her to take in supplies beyond
what may be necessary for her immediate use; and no such vessel which
may have been permitted to remain within the waters of the United States
for the purpose of repair shall continue within such port, harbor,
roadstead, or waters for a longer period than twenty-four hours after
her necessary repairs shall have been completed, unless within such
twenty-four hours a vessel, whether ship of war, privateer, or merchant
ship, of the other belligerent shall have departed therefrom, in which
case the time limited for the departure of such ship of war or privateer
shall be extended so far as may be necessary to secure an interval of
not less than twenty-four hours between such departure and that of any
ship of war, privateer, or merchant ship of the other belligerent which
may have previously quit the same port, harbor, roadstead, or waters.
No ship of war or privateer of either belligerent shall be detained in
any port, harbor, roadstead, or waters of the United States more than
twenty-four hours by reason of the successive departures from such
port, harbor, roadstead, or waters of more than one vessel of the other
belligerent. But if there be several vessels of each or either of the
two belligerents in the same port, harbor, roadstead, or waters, the
order of their departure therefrom shall be so arranged as to afford
the opportunity of leaving alternately to the vessels of the respective
belligerents and to cause the least detention consistent with the
objects of this proclamation. No ship of war or privateer of either
belligerent shall be permitted, while in any port, harbor, roadstead,
or waters within the jurisdiction of the United States, to take in any
supplies except provisions and such other things as may be requisite
for the subsistence of her crew, and except so much coal only as may be
sufficient to carry such vessel, if without sail power, to the nearest
European port of her own country, or, in case the vessel is rigged to go
under sail and may also be propelled by steam power, then with half the
quantity of coal which she would be entitled to receive if dependent
upon steam alone; and no coal shall be again supplied to any such ship
of war or privateer in the same or any other port, harbor, roadstead, or
waters of the United States, without special permission, until after the
expiration of three months from the time when such coal may have been
last supplied to her within the waters of the United States, unless such
ship of war or privateer shall, since last thus supplied, have entered a
European port of the Government to which she belongs.
In testimony whereof I have hereunto set my hand and caused the seal
of the United States to be affixed.
[SEAL.]
Done at the city of Washington, this 8th day of October, A.D. 1870, and
of the Independence of the United States of America the ninety-fifth.
U.S. GRANT.
By the President:
HAMILTON FISH,
_Secretary of State_.
BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
A PROCLAMATION.
Whereas divers evil-disposed persons have at sundry times within the
territory or jurisdiction of the United States begun or set on foot, or
provided or prepared the means for, military expeditions or enterprises
to be carried on thence against the territories or dominions of powers
with whom the United States are at peace, by organizing bodies
pretending to have powers of government over portions of the territories
or dominions of powers with whom the United States are at peace, or, by
being or assuming to be members of such bodies, by levying or collecting
money for the purpose or for the alleged purpose of using the same in
carrying on military enterprises against such territories or dominions
by enlisting and organizing armed forces to be used against such powers,
and by fitting out, equipping, and arming vessels to transport such
organized armed forces to be employed in hostilities against such
powers; and
Whereas it is alleged and there is reason to apprehend that such
evil-disposed persons have also at sundry times within the territory and
jurisdiction of the United States violated the laws thereof by accepting
and exercising commissions to serve by land or by sea against powers
with whom the United States are at peace by enlisting themselves or
other persons to carry on war against such powers by fitting out and
arming vessels with intent that the same shall be employed to cruise or
commit hostilities against such powers, or by delivering commissions
within the territory or jurisdiction of the United States for such
vessels to the intent that they might be employed as aforesaid; and
Whereas such acts are in violation of the laws of the United States in
such case made and provided, and are done in disregard of the duties and
obligations which all persons residing or being within the territory or
jurisdiction of the United States owe thereto, and are condemned by all
right-minded and law-abiding citizens:
Now, therefore, I, Ulysses S. Grant, President of the United States of
America, do hereby declare and proclaim that all persons hereafter found
within the territory or jurisdiction of the United States committing any
of the aforerecited violations of law or any similar violations of the
sovereignty of the United States for which punishment is provided by
law will be rigorously prosecuted therefor, and, upon conviction and
sentence to punishment, will not be entitled to expect or receive the
clemency of the Executive to save them from the consequences of their
guilt; and I enjoin upon every officer of this Government, civil or
military or naval, to use all efforts in his power to arrest for trial
and punishment every such offender against the laws providing for the
performance of our sacred obligations to friendly powers.
In testimony whereof I have hereunto set my hand and caused the seal of
the United States to be affixed.
[SEAL.]
Done at the city of Washington, this 12th day of October, A.D. 1870, and
of the Independence of the United States of America the ninety-fifth.
U.S. GRANT.
By the President:
HAMILTON FISH,
_Secretary of State_.
BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
A PROCLAMATION.
Whereas it behooves a people sensible of their dependence on the
Almighty publicly and collectively to acknowledge their gratitude for
his favors and mercies and humbly to beseech for their continuance; and
Whereas the people of the United States during the year now about to end
have special cause to be thankful for general prosperity, abundant
harvests, exemption from pestilence, foreign war, and civil strife:
Now, therefore, be it known that I, Ulysses S. Grant, President of the
United States, concurring in any similar recommendations from chief
magistrates of States, do hereby recommend to all citizens to meet in
their respective places of worship on Thursday, the 24th day of November
next, there to give thanks for the bounty of God during the year about
to close and to supplicate for its continuance hereafter.
In witness whereof I have hereunto set my hand and caused the seal of
the United States to be affixed.
[SEAL.]
Done at the city of Washington, this 21st day of October, A.D. 1870, and
of the Independence of the United States the ninety-fifth.
U.S. GRANT.
By the President:
HAMILTON FISH,
_Secretary of State_.
EXECUTIVE ORDERS.
GENERAL ORDERS, No. 83.
HEADQUARTERS OF THE ARMY
ADJUTANT-GENERAL'S OFFICE,
_Washington, December 24, 1869_.
Brevet Major-General A.H. Terry, in addition to his duties as commander
of the Department of the South, is, by order of the President of the
United States, appointed to exercise the duties of commanding general of
the District of Georgia, as defined by the act of Congress approved
December 22, 1869.
By command of General Sherman:
E.D. TOWNSEND,
_Adjutant-General_.
EXECUTIVE MANSION, _Washington, D.C., December 24, 1869_.
The painful duty devolves upon the President of announcing to the people
of the United States the death of one of her most distinguished citizens
and faithful public servants, the Hon. Edwin M. Stanton, which occurred
in this city at an early hour this morning.
He was distinguished in the councils of the nation during the entire
period of its recent struggle for national existence--first as
Attorney-General, then as Secretary of War: He was unceasing in his
labors, earnest and fearless in the assumption of responsibilities
necessary to his country's success, respected by all good men, and
feared by wrongdoers. In his death the bar, the bench, and the nation
sustain a great loss, which will be mourned by all.
As a mark of respect to his memory it is ordered that the Executive
Mansion and the several Departments at Washington be draped in mourning,
and that all business be suspended on the day of the funeral.
U.S. GRANT.
GENERAL ORDERS, No. 1.
HEADQUARTERS OF THE ARMY,
ADJUTANT-GENERAL'S OFFICE,
_Washington, January 4, 1870_.
By direction of the President of the United States, so much of General
Orders, No. 103, dated Headquarters Third Military District (Department
of Georgia, Florida, and Alabama), Atlanta, Ga., July 22, 1868, and
so much of General Orders, No. 55, dated Headquarters of the Army,
Adjutant-General's Office, Washington, July 28, 1868, as refers to the
State of Georgia is hereby countermanded. Brevet Major-General Terry
will until further orders exercise within that State the powers of the
commander of a military district, as provided by the act of March 2,
1867, and the acts supplementary thereto, under his assignment by
General Orders, No. 83, dated Headquarters of the Army,
Adjutant-General's Office, Washington, December 24, 1869.
By command of General Sherman:
E.D. TOWNSEND,
_Adjutant-General_.
GENERAL ORDERS, No. 11.
HEADQUARTERS OF THE ARMY,
ADJUTANT-GENERAL'S OFFICE,
_Washington, January 29, 1870_.
I. The Senators and Representatives from the State of Virginia having
been admitted to their respective Houses of Congress, the command known
as the First Military District has ceased to exist.
II. By direction of the President, the States of Maryland, Virginia,
West Virginia, and North Carolina will compose the Department of
Virginia, under the command of Brevet Major-General E.R.S. Canby,
headquarters at Richmond, Va., and will form a part of the Military
Division of the Atlantic.
III. Commanding officers of all posts and detachments now serving in the
limits of the new department will report to General Canby for
instructions. The companies of the Eighth Infantry now serving in the
State of North Carolina will be relieved as early as possible, and
report to Brevet Major-General A.H. Terry, commanding Department of the
South, for orders.
By command of General Sherman:
E.D. TOWNSEND,
_Adjutant-General_.
GENERAL ORDERS, No. 25.
HEADQUARTERS OF THE ARMY,
ADJUTANT-GENERAL'S OFFICE,
_Washington, February 26, 1870_.
I. The Senators and Representatives from the State of Mississippi having
been admitted to their respective Houses of Congress, the command known
as the Fourth Military District has ceased to exist.
II. By direction of the President, the State of Mississippi is attached
to the Department of the Cumberland, and the officers and troops within
the late Fourth Military District will accordingly report to Brevet
Major-General Cooke, commanding the department.
III. The general commanding the late Fourth Military District will
complete the records of that district as soon as practicable and send
them to the Adjutant-General of the Army, except such military records
as should properly be retained at the headquarters of the department,
which he will send there.
By command of General Sherman:
E.D. TOWNSEND,
_Adjutant-General_.
GENERAL ORDERS, No. 35.
HEADQUARTERS OF THE ARMY,
ADJUTANT-GENERAL'S OFFICE,
_Washington, March 31, 1870_.
I. By order of the President of the United States, the State of
Texas having been admitted to representation in Congress, the command
heretofore known as the Fifth Military District will cease to exist, and
will hereafter constitute a separate military department, headquarters
Austin, Tex., Brevet Major-General J.J. Reynolds commanding.
II. The department known as the Department of Louisiana will be
broken up; the State of Louisiana is hereby added to the Department of
Texas, and the State of Arkansas to the Department of the Missouri.
The commanding general Department of the Missouri will, as soon as
convenient, relieve the garrison at Little Rock by a detachment from the
Sixth Infantry, and the commanding officer of the troops now in Arkansas
will report to General J.J. Reynolds for orders, to take effect as soon
as replaced.
III. The new Department of Texas will form a part of the Military
Division of the South.
By command of General Sherman:
E.D. TOWNSEND,
_Adjutant-General_.
SECOND ANNUAL MESSAGE.
EXECUTIVE MANSION, _December 5, 1870_.
_To the Senate and House of Representatives:_
A year of peace and general prosperity to this nation has passed since
the last assembling of Congress. We have, through a kind Providence,
been blessed with abundant crops, and have been spared from
complications and war with foreign nations. In our midst comparative
harmony has been restored. It is to be regretted, however, that a free
exercise of the elective franchise has by violence and intimidation been
denied to citizens in exceptional cases in several of the States lately
in rebellion, and the verdict of the people has thereby been reversed.
The States of Virginia, Mississippi, and Texas have been restored to
representation in our national councils. Georgia, the only State now
without representation, may confidently be expected to take her place
there also at the beginning of the new year, and then, let us hope, will
be completed the work of reconstruction. With an acquiescence on the
part of the whole people in the national obligation to pay the public
debt created as the price of our Union, the pensions to our disabled
soldiers and sailors and their widows and orphans, and in the changes to
the Constitution which have been made necessary by a great rebellion,
there is no reason why we should not advance in material prosperity and
happiness as no other nation ever did after so protracted and
devastating a war.
Soon after the existing war broke out in Europe the protection of the
United States minister in Paris was invoked in favor of North Germans
domiciled in French territory. Instructions were issued to grant
the protection. This has been followed by an extension of American
protection to citizens of Saxony, Hesse and Saxe-Coburg, Gotha,
Colombia, Portugal, Uruguay, the Dominican Republic, Ecuador, Chile,
Paraguay, and Venezuela in Paris. The charge was an onerous one,
requiring constant and severe labor, as well as the exercise of
patience, prudence, and good judgment. It has been performed to the
entire satisfaction of this Government, and, as I am officially
informed, equally so to the satisfaction of the Government of North
Germany.
As soon as I learned that a republic had been proclaimed at Paris and
that the people of France had acquiesced in the change, the minister
of the United States was directed by telegraph to recognize it and to
tender my congratulations and those of the people of the United States.
The reestablishment in France of a system of government disconnected
with the dynastic traditions of Europe appeared to be a proper subject
for the felicitations of Americans. Should the present struggle
result in attaching the hearts of the French to our simpler forms
of representative government, it will be a subject of still further
satisfaction to our people. While we make no effort to impose our
institutions upon the inhabitants of other countries, and while we
adhere to our traditional neutrality in civil contests elsewhere, we can
not be indifferent to the spread of American political ideas in a great
and highly civilized country like France.
We were asked by the new Government to use our good offices, jointly
with those of European powers, in the interests of peace. Answer was
made that the established policy and the true interests of the United
States forbade them to interfere in European questions jointly with
European powers. I ascertained, informally and unofficially, that the
Government of North Germany was not then disposed to listen to such
representations from any power, and though earnestly wishing to see the
blessings of peace restored to the belligerents, with all of whom the
United States are on terms of friendship, I declined on the part of this
Government to take a step which could only result in injury to our true
interests, without advancing the object for which our intervention was
invoked. Should the time come when the action of the United States
can hasten the return of peace by a single hour, that action will be
heartily taken. I deemed it prudent, in view of the number of persons
of German and French birth living in the United States, to issue, soon
after official notice of a state of war had been received from both
belligerents, a proclamation[29] defining the duties of the United
States as a neutral and the obligations of persons residing within
their territory to observe their laws and the laws of nations. This
proclamation was followed by others,[30] as circumstances seemed to call
for them. The people, thus acquainted in advance of their duties and
obligations, have assisted in preventing violations of the neutrality
of the United States.
It is not understood that the condition of the insurrection in Cuba has
materially changed since the close of the last session of Congress. In
an early stage of the contest the authorities of Spain inaugurated a
system of arbitrary arrests, of close confinement, and of military trial
and execution of persons suspected of complicity with the insurgents,
and of summary embargo of their properties, and sequestration of their
revenues by executive warrant. Such proceedings, so far as they affected
the persons or property of citizens of the United States, were in
violation of the provisions of the treaty of 1795 between the United
States and Spain.
Representations of injuries resulting to several persons claiming to be
citizens of the United States by reason of such violations were made to
the Spanish Government. From April, 1869, to June last the Spanish
minister at Washington had been clothed with a limited power to aid in
redressing such wrongs. That power was found to be withdrawn, "in view,"
as it was said, "of the favorable situation in which the island of Cuba"
then "was," which, however, did not lead to a revocation or suspension
of the extraordinary and arbitrary functions exercised by the executive
power in Cuba, and we were obliged to make our complaints at Madrid. In
the negotiations thus opened, and still pending there, the United States
only claimed that for the future the rights secured to their citizens
by treaty should be respected in Cuba, and that as to the past a
joint tribunal should be established in the United States with full
jurisdiction over all such claims. Before such an impartial tribunal
each claimant would be required to prove his case. On the other hand,
Spain would be at liberty to traverse every material fact, and thus
complete equity would be done. A case which at one time threatened
seriously to affect the relations between the United States and Spain
has already been disposed of in this way. The claim of the owners of the
_Colonel Lloyd Aspinwall_ for the illegal seizure and detention of that
vessel was referred to arbitration by mutual consent, and has resulted
in an award to the United States, for the owners, of the sum of
$19,702.50 in gold. Another and long-pending claim of like nature, that
of the whaleship _Canada_, has been disposed of by friendly arbitrament
during the present year. It was referred, by the joint consent of Brazil
and the United States, to the decision of Sir Edward Thornton, Her
Britannic Majesty's minister at Washington, who kindly undertook the
laborious task of examining the voluminous mass of correspondence and
testimony submitted by the two Governments, and awarded to the United
States the sum of $100,740.09 in gold, which has since been paid by the
Imperial Government. These recent examples show that the mode which the
United States have proposed to Spain for adjusting the pending claims is
just and feasible, and that it may be agreed to by either nation without
dishonor. It is to be hoped that this moderate demand may be acceded
to by Spain without further delay. Should the pending negotiations,
unfortunately and unexpectedly, be without result, it will then become
my duty to communicate that fact to Congress and invite its action on
the subject.
The long-deferred peace conference between Spain and the allied South
American Republics has been inaugurated in Washington under the auspices
of the United States. Pursuant to the recommendation contained in the
resolution of the House of Representatives of the 17th of December,
1866, the executive department of the Government offered its friendly
offices for the promotion of peace and harmony between Spain and the
allied Republics. Hesitations and obstacles occurred to the acceptance
of the offer. Ultimately, however, a conference was arranged, and was
opened in this city on the 29th of October last, at which I authorized
the Secretary of State to preside. It was attended by the ministers of
Spain, Peru, Chile, and Ecuador. In consequence of the absence of a
representative from Bolivia, the conference was adjourned until the
attendance of a plenipotentiary from that Republic could be secured or
other measures could be adopted toward compassing its objects.
The allied and other Republics of Spanish origin on this continent may
see in this fact a new proof of our sincere interest in their welfare,
of our desire to see them blessed with good governments, capable of
maintaining order and of preserving their respective territorial
integrity, and of our sincere wish to extend our own commercial and
social relations with them. The time is not probably far distant when,
in the natural course of events, the European political connection with
this continent will cease. Our policy should be shaped, in view of this
probability, so as to ally the commercial interests of the Spanish
American States more closely to our own, and thus give the United States
all the preeminence and all the advantage which Mr. Monroe, Mr. Adams,
and Mr. Clay contemplated when they proposed to join in the congress of
Panama.
During the last session of Congress a treaty for the annexation of the
Republic of San Domingo to the United States failed to receive the
requisite two-thirds vote of the Senate. I was thoroughly convinced then
that the best interests of this country, commercially and materially,
demanded its ratification. Time has only confirmed me in this view.
I now firmly believe that the moment it is known that the United States
have entirely abandoned the project of accepting as a part of its
territory the island of San Domingo a free port will be negotiated for
by European nations in the Bay of Samana. A large commercial city will
spring up, to which we will be tributary without receiving corresponding
benefits, and then will be seen the folly of our rejecting so great
a prize. The Government of San Domingo has voluntarily sought this
annexation. It is a weak power, numbering probably less than 120,000
souls, and yet possessing one of the richest territories under the sun,
capable of supporting a population of 10,000,000 people in luxury. The
people of San Domingo are not capable of maintaining themselves in their
present condition, and must look for outside support. They yearn for
the protection of our free institutions and laws, our progress and
civilization. Shall we refuse them?
The acquisition of San Domingo is desirable because of its geographical
position. It commands the entrance to the Caribbean Sea and the Isthmus
transit of commerce. It possesses the richest soil, best and most
capacious harbors, most salubrious climate, and the most valuable
products of the forests, mine, and soil of any of the West India
Islands. Its possession by us will in a few years build up a coastwise
commerce of immense magnitude, which will go far toward restoring to us
our lost merchant marine. It will give to us those articles which we
consume so largely and do not produce, thus equalizing our exports and
imports. In case of foreign war it will give us command of all the
islands referred to, and thus prevent an enemy from ever again
possessing himself of rendezvous upon our very coast. At present our
coast trade between the States bordering on the Atlantic and those
bordering on the Gulf of Mexico is cut into by the Bahamas and the
Antilles, Twice we must, as it were, pass through foreign countries
to get by sea from Georgia to the west coast of Florida.
San Domingo, with a stable government, under which her immense resources
can be developed, will give remunerative wages to tens of thousands of
laborers not now upon the island. This labor will take advantage of
every available means of transportation to abandon the adjacent islands
and seek the blessings of freedom and its sequence--each inhabitant
receiving the reward of his own labor. Porto Rico and Cuba will have
to abolish slavery, as a measure of self-preservation, to retain their
laborers.
San Domingo will become a large consumer of the products of Northern
farms and manufactories. The cheap rate at which her citizens can be
furnished with food, tools, and machinery will make it necessary that
contiguous islands should have the same advantages in order to compete
in the production of sugar, coffee, tobacco, tropical fruits, etc. This
will open to us a still wider market for our products. The production
of our own supply of these articles will cut off more than one hundred
millions of our annual imports, besides largely increasing our exports.
With such a picture it is easy to see how our large debt abroad is
ultimately to be extinguished. With a balance of trade against us
(including interest on bonds held by foreigners and money spent by our
citizens traveling in foreign lands) equal to the entire yield of the
precious metals in this country, it is not so easy to see how this
result is to be otherwise accomplished.
The acquisition of San Domingo is an adherence to the "Monroe doctrine;"
it is a measure of national protection; it is asserting our just claim
to a controlling influence over the great commercial traffic soon to
flow from west to east by way of the Isthmus of Darien; it is to build
up our merchant marine; it is to furnish new markets for the products of
our farms, shops, and manufactories; it is to make slavery insupportable
in Cuba and Porto Rico at once, and ultimately so in Brazil; it is to
settle the unhappy condition of Cuba and end an exterminating conflict;
it is to provide honest means of paying our honest debts without
overtaxing the people; it is to furnish our citizens with the necessaries
of everyday life at cheaper rates than ever before; and it is, in fine,
a rapid stride toward that greatness which the intelligence, industry,
and enterprise of the citizens of the United States entitle this country
to assume among nations.
In view of the importance of this question, I earnestly urge upon
Congress early action expressive of its views as to the best means of
acquiring San Domingo. My suggestion is that by joint resolution of
the two Houses of Congress the Executive be authorized to appoint a
commission to negotiate a treaty with the authorities of San Domingo
for the acquisition of that island, and that an appropriation be made
to defray the expenses of such a commission. The question may then
be determined, either by the action of the Senate upon the treaty or
the joint action of the two Houses of Congress upon a resolution of
annexation, as in the case of the acquisition of Texas. So convinced am
I of the advantages to flow from the acquisition of San Domingo, and of
the great disadvantages--I might almost say calamities--to flow from
nonacquisition, that I believe the subject has only to be investigated
to be approved.
It is to be regretted that our representations in regard to the
injurious effects, especially upon the revenue of the United States,
of the policy of the Mexican Government in exempting from impost
duties a large tract of its territory on our borders have not only been
fruitless, but that it is even proposed in that country to extend the
limits within which the privilege adverted to has hitherto been enjoyed.
The expediency of taking into your serious consideration proper measures
for countervailing the policy referred to will, it is presumed, engage
your earnest attention.
It is the obvious interest, especially of neighboring nations, to
provide against impunity to those who may have committed high crimes
within their borders and who may have sought refuge abroad. For this
purpose extradition treaties have been concluded with several of the
Central American Republics, and others are in progress.
The sense of Congress is desired, as early as may be convenient, upon
the proceedings of the commission on claims against Venezuela, as
communicated in my messages of March 16, 1869, March 1, 1870, and March
31, 1870. It has not been deemed advisable to distribute any of the
money which has been received from that Government until Congress shall
have acted on the subject.
The massacres of French and Russian residents at Tien-Tsin, under
circumstances of great barbarity, was supposed by some to have been
premeditated, and to indicate a purpose among the populace to
exterminate foreigners in the Chinese Empire. The evidence fails to
establish such a supposition, but shows a complicity between the local
authorities and the mob. The Government at Peking, however, seems to
have been disposed to fulfill its treaty obligations so far as it was
able to do so. Unfortunately, the news of the war between the German
States and France reached China soon after the massacre. It would appear
that the popular mind became possessed with the idea that this contest,
extending to Chinese waters, would neutralize the Christian influence
and power, and that the time was coming when the superstitious masses
might expel all foreigners and restore mandarin influence. Anticipating
trouble from this cause, I invited France and North Germany to make
an authorized suspension of hostilities in the East (where they were
temporarily suspended by act of the commanders), and to act together for
the future protection in China of the lives and properties of Americans
and Europeans.
Since the adjournment of Congress the ratifications of the treaty with
Great Britain for abolishing the mixed courts for the suppression of the
slave trade have been exchanged. It is believed that the slave trade is
now confined to the eastern coast of Africa, whence the slaves are taken
to Arabian markets.
The ratifications of the naturalization convention between Great Britain
and the United States have also been exchanged during the recess, and
thus a long-standing dispute between the two Governments has been
settled in accordance with the principles always contended for by the
United States.
In April last, while engaged in locating a military reservation near
Pembina, a corps of engineers discovered that the commonly received
boundary line between the United States and the British possessions
at that place is about 4,700 feet south of the true position of the
forty-ninth parallel, and that the line, when run on what is now
supposed to be the true position of that parallel, would leave the fort
of the Hudsons Bay Company at Pembina within the territory of the United
States. This information being communicated to the British Government,
I was requested to consent, and did consent, that the British occupation
of the fort of the Hudsons Bay Company should continue for the present.
I deem it important, however, that this part of the boundary line should
be definitely fixed by a joint commission of the two Governments, and
I submit herewith estimates of the expense of such a commission on the
part of the United States and recommend that an appropriation be made
for that purpose. The land boundary has already been fixed and marked
from the summit of the Rocky Mountains to the Georgian Bay. It should
now be in like manner marked from the Lake of the Woods to the summit
of the Rocky Mountains.
I regret to say that no conclusion has been reached for the adjustment
of the claims against Great Britain growing out of the course adopted
by that Government during the rebellion. The cabinet of London, so far
as its views have been expressed, does not appear to be willing to
concede that Her Majesty's Government was guilty of any negligence,
or did or permitted any act during the war by which the United States
has just cause of complaint. Our firm and unalterable convictions are
directly the reverse. I therefore recommend to Congress to authorize
the appointment of a commission to take proof of the amount and the
ownership of these several claims, on notice to the representative
of Her Majesty at Washington, and that authority be given for the
settlement of these claims by the United States, so that the Government
shall have the ownership of the private claims, as well as the
responsible control of all the demands against Great Britain. It can
not be necessary to add that whenever Her Majesty's Government shall
entertain a desire for a full and friendly adjustment of these claims
the United States will enter upon their consideration with an earnest
desire for a conclusion consistent with the honor and dignity of both
nations.
The course pursued by the Canadian authorities toward the fishermen
of the United States during the past season has not been marked by a
friendly feeling. By the first article of the convention of 1818 between
Great Britain and the United States it was agreed that the inhabitants
of the United States should have forever, in common with British
subjects, the right of taking fish in certain waters therein defined.
In the waters not included in the limits named in the convention (within
3 miles of parts of the British coast) it has been the custom for many
years to give to intruding fishermen of the United States a reasonable
warning of their violation of the technical rights of Great Britain.
The Imperial Government is understood to have delegated the whole or a
share of its jurisdiction or control of these inshore fishing grounds
to the colonial authority known as the Dominion of Canada, and this
semi-independent but irresponsible agent has exercised its delegated
powers in an unfriendly way. Vessels have been seized without notice or
warning, in violation of the custom previously prevailing, and have been
taken into the colonial ports, their voyages broken up, and the vessels
condemned. There is reason to believe that this unfriendly and vexatious
treatment was designed to bear harshly upon the hardy fishermen of the
United States, with a view to political effect upon this Government.
The statutes of the Dominion of Canada assume a still broader and more
untenable jurisdiction over the vessels of the United States. They
authorize officers or persons to bring vessels hovering within 3 marine
miles of any of the coasts, bays, creeks, or harbors of Canada into
port, to search the cargo, to examine the master on oath touching the
cargo and voyage, and to inflict upon him a heavy pecuniary penalty if
true answers are not given; and if such a vessel is found "preparing
to fish" within 3 marine miles of any of such coasts, bays, creeks, or
harbors without a license, or after the expiration of the period named
in the last license granted to it, they provide that the vessel,
with her tackle, etc., shall be forfeited. It is not known that any
condemnations have been made under this statute. Should the authorities
of Canada attempt to enforce it, it will become my duty to take such
steps as may be necessary to protect the rights of the citizens of the
United States.
It has been claimed by Her Majesty's officers that the fishing vessels
of the United States have no right to enter the open ports of the
British possessions in North America, except for the purposes of shelter
and repairing damages, of purchasing wood and obtaining water; that they
have no right to enter at the British custom-houses or to trade there
except in the purchase of wood and water, and that they must depart
within twenty-four hours after notice to leave. It is not known that any
seizure of a fishing vessel carrying the flag of the United States has
been made under this claim. So far as the claim is founded on an alleged
construction of the convention of 1818, it can not be acquiesced in by
the United States. It is hoped that it will not be insisted on by Her
Majesty's Government.
During the conferences which preceded the negotiation of the convention
of 1818 the British commissioners proposed to expressly exclude the
fishermen of the United States from "the privilege of carrying on trade
with any of His Britannic Majesty's subjects residing within the limits
assigned for their use;" and also that it should not be "lawful for the
vessels of the United States engaged in said fishery to have on board
any goods, wares, or merchandise whatever, except such as may be
necessary for the prosecution of their voyages to and from the said
fishing grounds; and any vessel of the United States which shall
contravene this regulation may be seized, condemned, and confiscated,
with her cargo."
This proposition, which is identical with the construction now put
upon the language of the convention, was emphatically rejected by the
American commissioners, and thereupon was abandoned by the British
plenipotentiaries, and Article I, as it stands in the convention, was
substituted.
If, however, it be said that this claim is founded on provincial or
colonial statutes, and not upon the convention, this Government can not
but regard them as unfriendly, and in contravention of the spirit, if
not of the letter, of the treaty, for the faithful execution of which
the Imperial Government is alone responsible.
Anticipating that an attempt may possibly be made by the Canadian
authorities in the coming season to repeat their unneighborly acts
toward our fishermen, I recommend you to confer upon the Executive the
power to suspend by proclamation the operation of the laws authorizing
the transit of goods, wares, and merchandise in bond across the
territory of the United States to Canada, and, further, should such an
extreme measure become necessary, to suspend the operation of any laws
whereby the vessels of the Dominion of Canada are permitted to enter the
waters of the United States.
A like unfriendly disposition has been manifested on the part of Canada
in the maintenance of a claim of right to exclude the citizens of the
United States from the navigation of the St. Lawrence. This river
constitutes a natural outlet to the ocean for eight States, with an
aggregate population of about 17,600,000 inhabitants, and with an
aggregate tonnage of 661,367 tons upon the waters which discharge into
it. The foreign commerce of our ports on these waters is open to British
competition, and the major part of it is done in British bottoms.
If the American seamen be excluded from this natural avenue to the
ocean, the monopoly of the direct commerce of the lake ports with the
Atlantic would be in foreign hands, their vessels on transatlantic
voyages having an access to our lake ports which would be denied to
American vessels on similar voyages. To state such a proposition is
to refute its justice.
During the Administration of Mr. John Quincy Adams Mr. Clay unanswerably
demonstrated the natural right of the citizens of the United States to
the navigation of this river, claiming that the act of the congress of
Vienna in opening the Rhine and other rivers to all nations showed the
judgment of European jurists and statesmen that the inhabitants of a
country through which a navigable river passes have a natural right to
enjoy the navigation of that river to and into the sea, even though
passing through the territories of another power. This right does not
exclude the coequal right of the sovereign possessing the territory
through which the river debouches into the sea to make such regulations
relative to the police of the navigation as may be reasonably necessary;
but those regulations should be framed in a liberal spirit of comity,
and should not impose needless burdens upon the commerce which has the
right of transit. It has been found in practice more advantageous to
arrange these regulations by mutual agreement. The United States are
ready to make any reasonable arrangement as to the police of the St.
Lawrence which may be suggested by Great Britain.
If the claim made by Mr. Clay was just when the population of States
bordering on the shores of the Lakes was only 3,400,000, it now derives
greater force and equity from the increased population, wealth,
production, and tonnage of the States on the Canadian frontier. Since
Mr. Clay advanced his argument in behalf of our right the principle
for which he contended has been frequently, and by various nations,
recognized by law or by treaty, and has been extended to several other
great rivers. By the treaty concluded at Mayence in 1831 the Rhine was
declared free from the point where it is first navigable into the sea.
By the convention between Spain and Portugal concluded in 1835 the
navigation of the Douro throughout its whole extent was made free for
the subjects of both Crowns. In 1853 the Argentine Confederation by
treaty threw open the free navigation of the Parana and the Uruguay to
the merchant vessels of all nations. In 1856 the Crimean War was closed
by a treaty which provided for the free navigation of the Danube.
In 1858 Bolivia by treaty declared that it regarded the rivers Amazon
and La Plata, in accordance with fixed principles of national law, as
highways or channels opened by nature for the commerce of all nations.
In 1859 the Paraguay was made free by treaty, and in December, 1866,
the Emperor of Brazil by imperial decree declared the Amazon to be open
to the frontier of Brazil to the merchant ships of all nations. The
greatest living British authority on this subject, while asserting the
abstract right of the British claim, says:
It seems difficult to deny that Great Britain may ground her refusal
upon strict _law_, but it is equally difficult to deny, first, that in
so doing she exercises harshly an extreme and hard law; secondly, that
her conduct with respect to the navigation of the St. Lawrence is in
glaring and discreditable inconsistency with her conduct with respect
to the navigation of the Mississippi. On the ground that she possessed
a small domain in which the Mississippi took its rise, she insisted on
the right to navigate the entire volume of its waters. On the ground
that she possesses both banks of the St. Lawrence, where it disembogues
itself into the sea, she denies to the United States the right of
navigation, though about one-half of the waters of Lakes Ontario, Erie,
Huron, and Superior, and the whole of Lake Michigan, through which the
river flows, are the property of the United States.
The whole nation is interested in securing cheap transportation from
the agricultural States of the West to the Atlantic Seaboard. To the
citizens of those States it secures a greater return for their labor; to
the inhabitants of the seaboard it affords cheaper food; to the nation,
an increase in the annual surplus of wealth. It is hoped that the
Government of Great Britain will see the justice of abandoning the
narrow and inconsistent claim to which her Canadian Provinces have urged
her adherence.
Our depressed commerce is a subject to which I called your special
attention at the last session, and suggested that we will in the future
have to look more to the countries south of us, and to China and Japan,
for its revival. Our representatives to all these Governments have
exerted their influence to encourage trade between the United States and
the countries to which they are accredited. But the fact exists that the
carrying is done almost entirely in foreign bottoms, and while this
state of affairs exists we can not control our due share of the commerce
of the world; that between the Pacific States and China and Japan is
about all the carrying trade now conducted in American vessels. I would
recommend a liberal policy toward that line of American steamers--one
that will insure its success, and even increased usefulness.
The cost of building iron vessels, the only ones that can compete with
foreign ships in the carrying trade, is so much greater in the United
States than in foreign countries that without some assistance from the
Government they can not be successfully built here. There will be
several propositions laid before Congress in the course of the present
session looking to a remedy for this evil. Even if it should be at some
cost to the National Treasury, I hope such encouragement will be given
as will secure American shipping on the high seas and American
shipbuilding at home.
The condition of the archives at the Department of State calls for the
early action of Congress. The building now rented by that Department
is a frail structure, at an inconvenient distance from the Executive
Mansion and from the other Departments, is ill adapted to the purpose
for which it is used, has not capacity to accommodate the archives, and
is not fireproof. Its remote situation, its slender construction, and
the absence of a supply of water in the neighborhood leave but little
hope of safety for either the building or its contents in case of the
accident of a fire. Its destruction would involve the loss of the
rolls containing the original acts and resolutions of Congress, of the
historic records of the Revolution and of the Confederation, of the
whole series of diplomatic and consular archives since the adoption of
the Constitution, and of the many other valuable records and papers
left with that Department when it was the principal depository of the
governmental archives. I recommend an appropriation for the construction
of a building for the Department of State.
I recommend to your consideration the propriety of transferring to the
Department of the Interior, to which they seem more appropriately to
belong, all powers and duties in relation to the Territories with which
the Department of State is now charged by law or usage; and from the
Interior Department to the War Department the Pension Bureau, so far
as it regulates the payment of soldiers' pensions. I would further
recommend that the payment of naval pensions be transferred to one of
the bureaus of the Navy Department.
The estimates for the expenses of the Government for the next fiscal
year are $18,244,346.01 less than for the current one, but exceed the
appropriations for the present year for the same items $8,972,127.56.
In this estimate, however, is included $22,338,278.37 for public works
heretofore begun under Congressional provision, and of which only so
much is asked as Congress may choose to give. The appropriation for
the same works for the present fiscal year was $11,984,518.08.
The average value of gold, as compared with national currency, for the
whole of the year 1869 was about 134, and for eleven months of 1870 the
same relative value has been about 115. The approach to a specie basis
is very gratifying, but the fact can not be denied that the instability
of the value of our currency is prejudicial to our prosperity, and tends
to keep up prices, to the detriment of trade. The evils of a depreciated
and fluctuating currency are so great that now, when the premium on gold
has fallen so much, it would seem that the time has arrived when by wise
and prudent legislation Congress should look to a policy which would
place our currency at par with gold at no distant day.
The tax collected from the people has been reduced more than $80,000,000
per annum. By steadiness in our present course there is no reason why in
a few short years the national taxgatherer may not disappear from the
door of the citizen almost entirely. With the revenue stamp dispensed
by postmasters in every community, a tax upon liquors of all sorts and
tobacco in all its forms, and by a wise adjustment of the tariff, which
will put a duty only upon those articles which we could dispense with,
known as luxuries, and on those which we use more of than we produce,
revenue enough may be raised after a few years of peace and consequent
reduction of indebtedness to fulfill all our obligations. A further
reduction of expenses, in addition to a reduction of interest account,
may be relied on to make this practicable. Revenue reform, if it means
this, has my hearty support. If it implies a collection of all the
revenue for the support of the Government, for the payment of principal
and interest of the public debt, pensions, etc., by directly taxing the
people, then I am against revenue reform, and confidently believe the
people are with me. If it means failure to provide the necessary means
to defray all the expenses of Government, and thereby repudiation of
the public debt and pensions, then I am still more opposed to such kind
of revenue reform. Revenue reform has not been defined by any of its
advocates to my knowledge, but seems to be accepted as something which
is to supply every man's wants without any cost or effort on his part.
A true revenue reform can not be made in a day, but must be the work
of national legislation and of time. As soon as the revenue can be
dispensed with, all duty should be removed from coffee, tea, and other
articles of universal use not produced by ourselves. The necessities of
the country compel us to collect revenue from our imports. An army of
assessors and collectors is not a pleasant sight to the citizen, but
that or a tariff for revenue is necessary. Such a tariff, so far as it
acts as an encouragement to home production, affords employment to labor
at living wages, in contrast to the pauper labor of the Old World, and
also in the development of home resources.
Under the act of Congress of the 15th day of July, 1870, the Army has
gradually been reduced, so that on the 1st day of January, 1871, the
number of commissioned officers and men will not exceed the number
contemplated by that law.
The War Department building is an old structure, not fireproof, and
entirely inadequate in dimensions to our present wants. Many thousands
of dollars are now paid annually for rent of private buildings to
accommodate the various bureaus of the Department. I recommend an
appropriation for a new War Department building, suited to the present
and growing wants of the nation.
The report of the Secretary of War shows a very satisfactory reduction
in the expenses of the Army for the last fiscal year. For details you
are referred to his accompanying report.
The expenses of the Navy for the whole of the last year--i.e.,
from December 1, 1869, the date of the last report--are less than
$19,000,000, or about $1,000,000 less than they were the previous year.
The expenses since the commencement of this fiscal year--i.e., since
July 1--show for the five months a decrease of over $2,400,000 from
those of the corresponding months last year. The estimates for the
current year were $28,205,671.37. Those for next year are $20,683,317,
with $955,100 additional for necessary permanent improvements. These
estimates are made closely for the mere maintenance of the naval
establishment as it now is, without much in the nature of permanent
improvement. The appropriations made for the last and current years were
evidently intended by Congress, and are sufficient only, to keep the
Navy on its present footing by the repairing and refitting of our old
ships.
This policy must, of course, gradually but surely destroy the Navy, and
it is in itself far from economical, as each year that it is pursued
the necessity for mere repairs in ships and navy-yards becomes more
imperative and more costly, and our current expenses are annually
increased for the mere repair of ships, many of which must soon become
unsafe and useless. I hope during the present session of Congress to be
able to submit to it a plan by which naval vessels can be built and
repairs made with great saving upon the present cost.
It can hardly be wise statesmanship in a Government which represents a
country with over 5,000 miles of coast line on both oceans, exclusive
of Alaska, and containing 40,000,000 progressive people, with relations
of every nature with almost every foreign country, to rest with such
inadequate means of enforcing any foreign policy, either of protection
or redress. Separated by the ocean from the nations of the Eastern
Continent, our Navy is our only means of direct protection to our
citizens abroad or for the enforcement of any foreign policy.
The accompanying report of the Postmaster-General shows a most
satisfactory working of that Department. With the adoption of the
recommendations contained therein, particularly those relating to a
reform in the franking privilege and the adoption of the "correspondence
cards," a self-sustaining postal system may speedily be looked for, and
at no distant day a further reduction of the rate of postage be
attained.
I recommend authorization by Congress to the Postmaster-General and
Attorney-General to issue all commissions to officials appointed through
their respective Departments. At present these commissions, where
appointments are Presidential, are issued by the State Department.
The law in all the Departments of Government, except those of the
Post-Office and of Justice, authorizes each to issue its own
commissions.
Always favoring practical reforms, I respectfully call your attention to
one abuse of long standing which I would like to see remedied by this
Congress. It is a reform in the civil service of the country. I would
have it go beyond the mere fixing of the tenure of office of clerks
and employees who do not require "the advice and consent of the Senate"
to make their appointments complete. I would have it govern, not the
tenure, but the manner of making all appointments. There is no duty
which so much embarrasses the Executive and heads of Departments as
that of appointments, nor is there any such arduous and thankless labor
imposed on Senators and Representatives as that of finding places for
constituents. The present system does not secure the best men, and often
not even fit men, for public place. The elevation and purification of
the civil service of the Government will be hailed with approval by the
whole people of the United States.
Reform in the management of Indian affairs has received the special
attention of the Administration from its inauguration to the present
day. The experiment of making it a missionary work was tried with a few
agencies given to the denomination of Friends, and has been found to
work most advantageously. All agencies and superintendencies not so
disposed of were given to officers of the Army. The act of Congress
reducing the Army renders army officers ineligible for civil positions.
Indian agencies being civil offices, I determined to give all the
agencies to such religious denominations as had heretofore established
missionaries among the Indians, and perhaps to some other denominations
who would undertake the work on the same terms--i.e. as a missionary
work. The societies selected are allowed to name their own agents,
subject to the approval of the Executive, and are expected to watch over
them and aid them as missionaries, to Christianize and civilize the
Indian, and to train him in the arts of peace. The Government watches
over the official acts of these agents, and requires of them as strict
an accountability as if they were appointed in any other manner.
I entertain the confident hope that the policy now pursued will in a
few years bring all the Indians upon reservations, where they will live
in houses, and have schoolhouses and churches, and will be pursuing
peaceful and self-sustaining avocations, and where they may be visited
by the law-abiding white man with the same impunity that he now visits
the civilized white settlements. I call your special attention to the
report of the Commissioner of Indian Affairs for full information on
this subject.
During the last fiscal year 8,095,413 acres of public land were disposed
of. Of this quantity 3,698,910.05 acres were taken under the homestead
law and 2,159,515.81 acres sold for cash. The remainder was located with
military warrants, college or Indian scrip, or applied in satisfaction
of grants to railroads or for other public uses. The entries under the
homestead law during the last year covered 961,545 acres more than those
during the preceding year. Surveys have been vigorously prosecuted to
the full extent of the means applicable to the purpose. The quantity of
land in market will amply supply the present demand. The claim of the
settler under the homestead or the preemption laws is not, however,
limited to lands subject to sale at private entry. Any unappropriated
surveyed public land may, to a limited amount, be acquired under the
former laws if the party entitled to enter under them will comply
with the requirements they prescribe in regard to the residence and
cultivation. The actual settler's preference right of purchase is even
broader, and extends to lands which were unsurveyed at the time of his
settlement. His right was formerly confined within much narrower limits,
and at one period of our history was conferred only by special statutes.
They were enacted from time to time to legalize what was then regarded
as an unauthorized intrusion upon the national domain. The opinion that
the public lands should be regarded chiefly as a source of revenue is no
longer maintained. The rapid settlement and successful cultivation of
them are now justly considered of more importance to our well-being than
is the fund which the sale of them would produce. The remarkable growth
and prosperity of our new States and Territories attest the wisdom
of the legislation which invites the tiller of the soil to secure a
permanent home on terms within the reach of all. The pioneer who incurs
the dangers and privations of a frontier life, and thus aids in laying
the foundation of new commonwealths, renders a signal service to his
country, and is entitled to its special favor and protection. These laws
secure that object and largely promote the general welfare. They should
therefore be cherished as a permanent feature of our land system.
Good faith requires us to give full effect to existing grants. The
time-honored and beneficent policy of setting apart certain sections
of public land for educational purposes in the new States should be
continued. When ample provision shall have been made for these objects,
I submit as a question worthy of serious consideration whether the
residue of our national domain should not be wholly disposed of under
the provisions of the homestead and preemption laws.
In addition to the swamp and overflowed lands granted to the States in
which they are situated, the lands taken under the agricultural-college
acts and for internal-improvement purposes under the act of September,
1841, and the acts supplemental thereto, there had been conveyed up to
the close of the last fiscal year, by patent or other equivalent title,
to States and corporations 27,836,257.63 acres for railways, canals, and
wagon roads. It is estimated that an additional quantity of 174,735,523
acres is still due under grants for like uses. The policy of thus aiding
the States in building works of internal improvement was inaugurated
more than forty years since in the grants to Indiana and Illinois, to
aid those States in opening canals to connect the waters of the Wabash
with those of Lake Erie and the waters of the Illinois with those of
Lake Michigan. It was followed, with some modifications, in the grant to
Illinois of alternate sections of public land within certain limits of
the Illinois Central Railway. Fourteen States and sundry corporations
have received similar subsidies in connection with railways completed
or in process of construction. As the reserved sections are rated
at the double minimum, the sale of them at the enhanced price has
thus in many instances indemnified the Treasury for the granted lands.
The construction of some of these thoroughfares has undoubtedly given a
vigorous impulse to the development of our resources and the settlement
of the more distant portions of the country. It may, however, be well
insisted that much of our legislation in this regard has been
characterized by indiscriminate and profuse liberality. The United
States should not loan their credit in aid of any enterprise undertaken
by States or corporations, nor grant lands in any instance, unless the
projected work is of acknowledged national importance. I am strongly
inclined to the opinion that it is inexpedient and unnecessary to bestow
subsidies of either description; but should Congress determine otherwise
I earnestly recommend that the right of settlers and of the public be
more effectually secured and protected by appropriate legislation.
During the year ending September 30, 1870, there were filed in the
Patent Office 19,411 applications for patents, 3,374 caveats, and 160
applications for the extension of patents. Thirteen thousand six hundred
and twenty-two patents, including reissues and designs, were issued,
1,010 extended, and 1,089 allowed, but not issued by reason of the
non-payment of the final fees. The receipts of the office during the
fiscal year were $136,304.29 in excess of its expenditures.
The work of the Census Bureau has been energetically prosecuted. The
preliminary report, containing much information of special value and
interest, will be ready for delivery during the present session. The
remaining volumes will be completed with all the dispatch consistent
with perfect accuracy in arranging and classifying the returns. We shall
thus at no distant day be furnished with an authentic record of our
condition and resources. It will, I doubt not, attest the growing
prosperity of the country, although during the decade which has just
closed it was so severely tried by the great war waged to maintain its
integrity and to secure and perpetuate our free institutions.
During the last fiscal year the sum paid to pensioners, including the
cost of disbursement, was $27,780,811.11, and 1,758 bounty-land warrants
were issued. At its close 198,686 names were on the pension rolls.
The labors of the Pension Office have been directed to the severe
scrutiny of the evidence submitted in favor of new claims and to the
discovery of fictitious claims which have been heretofore allowed. The
appropriation for the employment of special agents for the investigation
of frauds has been judiciously used, and the results obtained have been
of unquestionable benefit to the service.
The subjects of education and agriculture are of great interest to the
success of our republican institutions, happiness, and grandeur as a
nation. In the interest of one a bureau has been established in the
Interior Department--the Bureau of Education; and in the interest of
the other, a separate Department, that of Agriculture. I believe great
general good is to flow from the operations of both these Bureaus if
properly fostered. I can not commend to your careful consideration too
highly the reports of the Commissioners of Education and of Agriculture,
nor urge too strongly such liberal legislation as to secure their
efficiency.
In conclusion I would sum up the policy of the Administration to be a
thorough enforcement of every law; a faithful collection of every tax
provided for; economy in the disbursement of the same; a prompt payment
of every debt of the nation; a reduction of taxes as rapidly as the
requirements of the country will admit; reductions of taxation and
tariff, to be so arranged as to afford the greatest relief to the
greatest number; honest and fair dealings with all other peoples, to the
end that war, with all its blighting consequences, may be avoided, but
without surrendering any right or obligation due to us; a reform in the
treatment of Indians and in the whole civil service of the country;
and finally, in securing a pure, untrammeled ballot, where every man
entitled to cast a vote may do so, just once at each election, without
fear of molestation or proscription on account of his political faith,
nativity, or color.
U.S. GRANT.
[Footnote 29: See pp. 86-89.]
[Footnote 30: See pp. 89-92.]
SPECIAL MESSAGES.
DECEMBER 6, 1870.
_To the Senate and House of Representatives:_
In pursuance of the provisions of the second section of an act approved
June 20, 1864, entitled "An act making appropriations for the consular
and diplomatic expenses of the Government for the year ending June 30,
1865, and for other purposes," I inform Congress that Louis W. Viollier,
a consular clerk, was, on the 26th day of September last, removed from
office for the following causes, namely: For disobedience of orders and
continued absence from duty after orders to proceed to his post.
U.S. GRANT.
WASHINGTON, _December 6, 1870_.
_To the Senate and House of Representatives:_
I herewith transmit to Congress a report, dated the 5th instant, with
the accompanying papers,[31] received from the Secretary of State, in
compliance with the requirements of the eighteenth section of the act
entitled "An act to regulate the diplomatic and consular systems of the
United States," approved August 18, 1856.
U.S. GRANT.
[Footnote 31: Report of fees collected, etc., by consular officers of
the United States for 1868, and tariff of consular fees prescribed by
the President October 1, 1870.]
WASHINGTON, _December 6, 1870_.
_To the Senate of the United States:_
I transmit to the Senate, for its consideration with a view to
ratification, a convention for the surrender of criminals between the
United States of America and the Republic of Guatemala, signed on the
11th day of October last, together with correspondence on the subject,
a list of which is given.
U.S. GRANT.
WASHINGTON, _December 6, 1870_.
_To the Senate of the United States:_
I transmit to the Senate, for its consideration with a view to
ratification, a convention for the extradition of criminals fugitives
from justice between the United States of America and the Republic of
Nicaragua, signed at the city of Nicaragua on the 5th day of June last,
together with correspondence upon the subject, of which a list is
annexed.
U.S. GRANT.
WASHINGTON, _December 6, 1870_.
_To the Senate of the United States:_
I transmit to the Senate, for its consideration with a view to
ratification, a treaty for the extradition of criminals fugitives from
justice between the United States and the Republic of Peru, signed at
Lima on the 12th day of September last. As this treaty contains some
stipulations of an unusual character, the special attention of the
Senate is called to them.
U.S. GRANT.
WASHINGTON, _December 6, 1870_.
_To the Senate of the United States:_
I transmit to the Senate, for its consideration with a view to
ratification, a treaty of friendship, commerce, and navigation between
the United States of America and the Republic of Peru, signed at the
city of Lima on the 6th day of September last, together with the
correspondence in relation thereto, a list of which is annexed.
U.S. GRANT.
WASHINGTON, _December 6, 1870_.
_To the Senate of the United States:_
Referring to my message of the 1st of February last, transmitting to
the Senate, for its consideration with a view to ratification, a treaty
between the United States and the United States of Colombia for the
construction of an interoceanic canal across the Isthmus of Panama or
Darien, signed at Bogota on the 26th of January last, I herewith submit
correspondence upon the subject between the Secretary of State and the
minister of the United States at Bogota, a list of which is hereto
appended.
U.S. GRANT.
WASHINGTON, _December 8, 1870_.
_To the House of Representatives of the United States:_
In answer to its resolution of the 1st of July, 1870, I transmit to the
House of Representatives a report[32] from the Secretary of State.
U.S. GRANT.
[Footnote 32: Stating that the correspondence relative to the arrest and
detention of American fishing vessels in the Straits of Canso by armed
vessels flying the British flag had been communicated to Congress with
the President's annual message on the 5th instant.]
WASHINGTON, _December 8, 1870_.
_To the Senate of the United States:_
In answer to a resolution of the 5th instant, I transmit to the Senate
a report[33] from the Secretary of State.
U.S. GRANT.
[Footnote 33: Stating that the correspondence with the United States
minister at Paris relative to the Franco-Prussian war had been
communicated with the President's annual message on the 5th instant.]
WASHINGTON, _December 12, 1870_.
_To the Senate of the United States:_
I submit to the Senate, for their consideration with a view to
ratification, a convention relating to naturalization between the United
States and the Austro-Hungarian Empire, signed at Vienna on the 20th of
September, 1870, which is accompanied by the papers mentioned in the
subjoined list.
U.S. GRANT.
WASHINGTON, _December 13, 1870_.
_To the Senate of the United States:_
I transmit, in answer to the resolution of the Senate of June 14, 1870,
a report from the Secretary of State and the papers[34] by which it was
accompanied.
U.S. GRANT.
[Footnote 34: Relating to charges for messages made by the International
Ocean Telegraph Company.]
WASHINGTON, _December 15, 1870_.
_To the House of Representatives:_
In answer to the resolution of the House of Representatives of the 9th
of April, 1869, I herewith transmit a report[35] from the Secretary of
State.
U.S. GRANT.
[Footnote 35: Stating that all the correspondence relative to the
condition of affairs in Paraguay believed to be required by the public
interest had been made public.]
WASHINGTON, _December 15, 1870_.
_To the House of Representatives:_
In answer to the resolution of the House of Representatives of the 20th
of January last, I herewith transmit a report[36] from the Secretary of
State, with accompanying documents.
U.S. GRANT.
[Footnote 36: Stating that the claim for indemnity in the case of the
ship _Canada_, wrecked on the coast of Brazil in 1865, had been referred
to the British minister as arbiter, and submitting a summary of the
case, correspondence connected with it, and a copy of the award of the
arbiter.]
EXECUTIVE MANSION, _December 19, 1870_.
_To the Senate and House of Representatives of the United States:_
I transmit herewith a report[37] of the Secretary of the Treasury,
made in compliance with section 2 of the act approved July n, 1870,
"making appropriations for the consular and diplomatic expenses of the
Government for the year ending June 30, 1871, and for other purposes."
U.S. GRANT.
[Footnote 37: Transmitting reports of consular agents.]
WASHINGTON, _December 19, 1870_.
_To the House of Representatives:_
I transmit to the House of Representatives a report of the Secretary of
State and the papers[38] by which it was accompanied, in answer to its
resolution of the 7th instant.
U.S. GRANT.
[Footnote 38: Relating to the seizure at Port Hood, Nova Scotia, by a
Canadian revenue cutter, of the schooner _Granada_, of Provincetown,
Mass.]
EXECUTIVE MANSION, _January 4, 1871_.
_To the House of Representatives:_
I transmit to the House of Representatives, in answer to their
resolution of the 12th of December, 1870, a report from the Secretary of
State, with accompanying documents.[39]
U.S. GRANT.
[Footnote 39: Correspondence relative to public documents or libraries
in the care of legations of the United States.]
WASHINGTON, _January 9, 1871_.
_To the Senate of the United States:_
I transmit to the Senate, in answer to their resolution of the 5th
instant, a report from the Secretary of State, with accompanying
documents.[40]
U.S. GRANT.
[Footnote 40: The last correspondence with Mr. Motley, including
telegraphic dispatches, etc., relative to his recall as minister to the
Court of St. James.]
WASHINGTON, _January 9, 1871_.
_To the House of Representatives:_
I transmit to the House of Representatives, in answer to their
resolution of the 5th instant, a report from the Secretary of State,
with the accompanying documents.[41]
U.S. GRANT.
[Footnote 41: Correspondence, etc., in 1844 and 1845 relative to the
resources and condition of the Dominican Republic.]
WASHINGTON, D.C., _January 9, 1871_.
_To the Senate of the United States:_
I transmit, for consideration with a view to its ratification, a treaty
of amity, commerce, and consular privileges between the United States
and the Republic of Salvador, signed at the city of San Salvador on the
6th of December last.
A copy of the official correspondence relating to the instrument is also
herewith transmitted.
U.S. GRANT.
EXECUTIVE MANSION, _January 11, 1871_.
_To the Senate of the United States:_
In view of a proclamation having been published in newspapers of the
United States purporting to emanate from Cabral, a chieftain who opposed
the constitutional authorities of the Republic of San Domingo, I deem it
but just to communicate to the Senate of the United States the views of
that chieftain and his followers, as voluntarily communicated by him
through the United States minister to the Republic of Hayti in June
last. It will be observed by the letter of Minister Bassett that Cabral
did not wish his views to be made public before the question of
annexation was disposed of, in a way to work prejudice to his interest.
But as the object which Cabral had already in view was to declare to
the treaty-making power of the United States his views and those of his
followers upon the subject of annexation of the Republic of San Domingo,
and as the Senate is a branch of that power, I deem it no breach of
confidence to communicate this letter to the Senate. I ask, however,
that it may be read in executive session and that the request of Cabral
be observed, so that in no case they shall be made public or used
against him until the question of annexation is disposed of.
U.S. GRANT.
EXECUTIVE MANSION, _January 11, 1871_.
_To the House of Representatives:_
I transmit herewith, in reply to the resolution of the House of
Representatives of the 5th instant, copies of the reports of Captain
George B. McClellan upon the Dominican Republic, made in the year 1854.
U.S. GRANT.
EXECUTIVE MANSION, _January 13, 1871_.
_To the Senate of the United States:_
In reply to the resolution of the Senate of the 16th of December, 1870,
requesting to be furnished with information relative to the organization
of disloyal persons in North Carolina having in view resistance of the
United States laws, denial of protection, and the enjoyment of the
rights and liberties secured under the United States, etc., I transmit
herewith abstracts of reports and other papers on file in the War
Department relative to outrages in North Carolina, and also, for the
information of the Senate, those relative to outrages in the other
Southern States. The original reports and papers are too voluminous to
be copied in season to be used by the present Congress, but are easily
accessible for reference, and copies of such papers can be furnished as
the Senate may deem necessary.
U.S. GRANT.
WASHINGTON, _January 16, 1871_.
_To the Senate of the United States:_
I transmit to the Senate, in answer to their resolution of 4th instant,
a report from the Secretary of State, with accompanying documents,
relating to the proposed annexation of the Dominican portion of the
island of San Domingo.
U.S. GRANT.
EXECUTIVE MANSION, _January 17, 1871_.
_To the Senate of the United States:_
In answer to their resolution of the 16th of December, 1870, I herewith
transmit copies of certain reports received at the War Department
relative to disloyal organizations in the State of North Carolina,
intended to resist the laws or to deprive the citizens of the United
States of the protection of law or the enjoyment of their rights under
the Constitution of the United States. These reports are in addition to
the abstracts of those sent to the Senate on the 13th instant.
U.S. GRANT.
EXECUTIVE MANSION, _January 24, 1871_.
_To the Senate of the United States:_
In answer to your resolution of the 21st December, 1870, requesting the
President "to furnish the Senate with the amount of money expended by
the United States for freight and passage to the Pacific Coast by the
way of the Isthmus and Cape Horn during the twelve months now last
past," I herewith transmit reports from the Secretary of the Treasury,
of War, and of the Navy, to whom, respectively, the resolution was
referred.
U.S. GRANT.
WASHINGTON, _January 27, 1871_.
_To the Senate and House of Representatives:_
I transmit herewith, for the consideration of Congress, a report of the
Secretary of State and the papers which accompanied it, concerning
regulations for the consular courts of the United States in Japan.
U.S. GRANT.
WASHINGTON, _January 27, 1871_.
_To the Senate of the United States:_
I transmit, for consideration with a view to its ratification, a treaty
of friendship, commerce, and navigation between the United States and
the Oriental Republic of Uruguay, which was signed at Montevideo, it is
presumed, in the course of last month, though the precise date has
inadvertently been omitted.
A copy of the correspondence relating to the instrument is also herewith
transmitted. From this it will be seen that the treaty is substantially
the same as one between the same parties which has already been approved
by the Senate and ratified by the President of the United States, but
the ratifications of which have never been exchanged. If the Senate
should approve the new treaty, it is suggested that their resolution to
that effect should include authority to insert the precise date when
that shall have been ascertained.
U.S. GRANT.
EXECUTIVE MANSION, _January 30, 1871_.
_To the Senate and House of Representatives:_
I transmit herewith an official copy of the proceedings of the council
of Indian tribes held at Ocmulgee in December last, which resulted in
the adoption of a declaration of rights and a constitution for their
government, together with a copy of the report of the Commissioner of
Indian Affairs and the views of the Secretary of the Interior thereon.
It would seem highly desirable that the civilized Indians of the country
should be encouraged in establishing for themselves forms of Territorial
government compatible with the Constitution of the United States and
with the previous customs toward communities lying outside of State
limits.
I concur in the views expressed by the Secretary of the Interior,
that it would not be advisable to receive the new Territory with the
constitution precisely as it is now framed. As long as a Territorial
form of government is preserved, Congress should hold the power of
approving or disapproving of all legislative action of the Territory,
and the Executive should, with "the advice and consent of the Senate,"
have the power to appoint the governor and judicial officers (and
possibly some others) of the Territory.
This is the first indication of the aborigines desiring to adopt
our form of government, and it is highly desirable that they become
self-sustaining, self-relying, Christianized, and civilized. If
successful in this their first attempt at Territorial government, we may
hope for a gradual concentration of other Indians in the new Territory.
I therefore recommend as close an adherence to their wishes as is
consistent with safety.
It might be well to limit the appointment of all Territorial officials
appointed by the Executive to native citizens of the Territory. If any
exception is made to this rule, I would recommend that it should be
limited to the judiciary.
It is confidently hoped that the policy now being pursued toward the
Indian will fit him for self-government and make him desire to settle
among people of his own race where he can enjoy the full privileges of
civil and enlightened government.
U.S. GRANT.
EXECUTIVE MANSION, _February 7, 1871_.
_To the Senate and House of Representatives:_
The union of the States of Germany into a form of government similar in
many respects to that of the American Union is an event that can not
fail to touch deeply the sympathies of the people of the United States.
This union has been brought about by the long-continued, persistent
efforts of the people, with the deliberate approval of the governments
and people of twenty-four of the German States, through their regularly
constituted representatives.
In it the American people see an attempt to reproduce in Europe some
of the best features of our own Constitution, with such modifications
as the history and condition of Germany seem to require. The local
governments of the several members of the union are preserved, while
the power conferred upon the chief imparts strength for the purposes
of self-defense, without authority to enter upon wars of conquest and
ambition.
The cherished aspiration for national unity which for ages has
inspired the many millions of people speaking the same language,
inhabiting a contiguous and compact territory, but unnaturally separated
and divided by dynastic jealousies and the ambition of short-sighted
rulers, has been attained, and Germany now contains a population of
about 34,000,000, united, like our own, under one Government for its
relations with other powers, but retaining in its several members the
right and power of control of their local interests, habits, and
institutions.
The bringing of great masses of thoughtful and free people under a
single government must tend to make governments what alone they should
be--the representatives of the will and the organization of the power
of the people.
The adoption in Europe of the American system of union under the control
and direction of a free people, educated to self-restraint, can not fail
to extend popular institutions and to enlarge the peaceful influence of
American ideas.
The relations of the United States with Germany are intimate and
cordial. The commercial intercourse between the two countries is
extensive and is increasing from year to year; and the large number of
citizens and residents in the United States of German extraction and the
continued flow of emigration thence to this country have produced an
intimacy of personal and political intercourse approaching, if not equal
to, that with the country from which the founders of our Government
derived their origin.
The extent of these interests and the greatness of the German Union
seem to require that in the classification of the representatives of
this Government to foreign powers there should no longer be an apparent
undervaluation of the importance of the German mission, such as is
made in the difference between the compensation allowed by law to
the minister to Germany and those to Great Britain and France. There
would seem to be a great propriety in placing the representative
of this Government at Berlin on the same footing with that of its
representatives at London and Paris. The union of the several States of
Germany under one Government and the increasing commercial and personal
intercourse between the two countries will also add to the labors and
the responsibilities of the legation.
I therefore recommend that the salaries of the minister and of the
secretary of legation at Berlin be respectively increased to the same
amounts as are allowed to those at London and Paris.
U.S. GRANT.
EXECUTIVE MANSION, _February 7, 1871_.
_To the Senate of the United States:_
In answer to that part of your resolution of the 4th of January last
requesting copies of "instructions to the commander of our naval
squadron in the waters of the island [of San Domingo] since the
commencement of the late negotiations, with the reports and
correspondence of such commander," I herewith transmit a report, with
accompanying papers, received from the Secretary of the Navy.
U.S. GRANT.
EXECUTIVE MANSION, _February 8, 1871_.
_To the Senate and House of Representatives:_
I transmit herewith an extract of a paper addressed to the President,
the Secretary of the Interior, and the Commissioner of Indian Affairs by
the committee of Friends on Indian affairs having charge of the northern
superintendency, in relation to a desire of certain Indian tribes to
sell a portion of the lands owned by them, with a view of locating on
other lands that they may be able to purchase, together with the report
of the Commissioner of Indian Affairs thereon and a letter of the
Secretary of the Interior Department approving the report of the
Commissioner.
I submit the draft of a bill which has been prepared, and which it is
believed will effect the object desired by the committee, and request
the consideration thereof by Congress.
U.S. GRANT.
WASHINGTON, _February 9, 1871_.
_To the Senate:_
The British minister accredited to this Government recently, in
compliance with instructions from his Government, submitted a proposal
for the appointment of a "joint high commission," to be composed of
members to be named by each Government, to hold its session at
Washington, and to treat and discuss the mode of settling the different
questions which have arisen out of the fisheries, as well as those which
affect the relations of the United States toward the British possessions
in North America.
I did not deem it expedient to agree to the proposal unless the
consideration of the questions growing out of the acts committed by
the vessels which have given rise to the claims known as the "Alabama
claims" were to be within the subject of discussion and settlement by
the commission. The British Government having assented to this, the
commission is expected shortly to meet. I therefore nominate as such
commissioners, jointly and separately, on the part of the United States:
Hamilton Fish, Secretary of State.
Robert C. Schenck, envoy extraordinary and minister plenipotentiary to
Great Britain.
Samuel Nelson, an associate justice of the Supreme Court of the United
States.
Ebenezer R. Hoar, of Massachusetts.
George H. Williams, of Oregon.
I communicate herewith the correspondence which has passed on this
subject between the Secretary of State and the British minister.
U.S. GRANT.
EXECUTIVE MANSION, _February 10, 1871_.
_To the Senate and House of Representatives:_
I submit herewith, for the information of Congress, the second annual
report of the Board of Indian Commissioners to the Secretary of the
Interior.
U.S. GRANT.
EXECUTIVE MANSION, _February 13, 1871_.
_To the House of Representatives:_
I transmit herewith, in answer to the resolution of the House of the 6th
instant, copies of the correspondence between the governor of the State
of California and the President of the United States in the month of
October, 1868, relative to the use of the military forces of the
National Government in preserving the peace at the approaching State
election.
U.S. GRANT.
EXECUTIVE MANSION, _February 15, 1871_.
_To the Senate and House of Representatives:_
I have this day transmitted to the Senate the announcement that Senate
bill No. 218, "An act prescribing an oath of office to be taken by
persons who participated in the late rebellion, but who are not
disqualified from holding office by the fourteenth amendment to the
Constitution of the United States," has become a law in the manner
prescribed by the Constitution, without the signature of the President.
If this were a bill for the repeal of the "test oath" required of
persons "elected or appointed to offices of honor or trust," it would
meet my approval. The effect of the law, however, is to relieve from
taking a prescribed oath all those persons whom it was intended to
exclude from such offices and to require it from all others. By this
law the soldier who fought and bled for his country is to swear to
his loyalty before assuming official functions, while the general who
commanded hosts for the overthrow of his Government is admitted to place
without it. I can not affix my name to a law which discriminates against
the upholder of his Government.
I believe, however, that it is not wise policy to keep from office by an
oath those who are not disqualified by the Constitution, and who are the
choice of legal voters; but while relieving them from an oath which they
can not take, I recommend the release also of those to whom the oath has
no application.
U.S. GRANT.
EXECUTIVE MANSION, _February 17, 1871_.
_To the Senate of the United States:_
In answer to your resolution of the 19th of December last, requesting
the President "to furnish the Senate with the entire cost of
transportation of mails and freights of every description to the Pacific
Coast, also to all intermediate points west of the Missouri River, from
the annexation of California to July 1, 1864; and also the expenses of
the War Department and Indian Bureau during the same period in guarding
the overland route from the Missouri River to California against Indians
and Mormons, and the cost of the Indian service on the same line,
including in all cases freights and all other expenditures," I transmit
herewith reports received from the Secretary of the Interior, the
Secretary of War, and the Postmaster-General.
U.S. GRANT.
WASHINGTON, _February 27, 1871_.
_To the Senate of the United States:_
I transmit to the Senate, for its consideration with a view to
ratification, a convention between the United States and Great Britain,
concluded at Washington on the 23d instant, supplemental to the
convention between the two countries concluded May 13, 1870, concerning
the citizenship of citizens or subjects of either country emigrating to
the other.
The conclusion of the supplemental convention now submitted was found to
be expedient in view of the stipulation contained in Article II of the
before-named convention of May 13, 1870, that the two Governments should
agree upon the manner in which the renunciation within the periods
specified, by naturalized citizens and subjects of either country, of
their naturalization should be effected.
U.S. GRANT.
WASHINGTON, _March 3, 1871_.
_To the Senate of the United States:_
I transmit to the Senate, in answer to their resolution of the 2d
instant, a report of the Secretary of State, with accompanying
documents.[42]
U.S. GRANT.
[Footnote 42: Correspondence from the United States legation at
Constantinople relative to restrictions on the passage of the straits of
the Dardanelles and the Bosphorus by the ships of other nations.]
WASHINGTON, _March 3, 1871_.
_To the Senate of the United States:_
I transmit to the Senate, in answer to their resolution of February
1, 1871, a report from the Secretary of State, with accompanying
documents.[43]
U.S. GRANT.
[Footnote 43: Dispatches, etc., from the United States minister to the
Court of Brazil relative to the Paraguayan war, the culture of cotton in
Brazil, trade with Brazil, etc.]
VETO MESSAGES.
EXECUTIVE MANSION, _January 4, 1871_.
_To the House of Representatives:_
I herewith return without my approval House bill No. 1395, entitled "An
act for the relief of Charles Cooper, Goshorn A. Jones, Jerome Rowley,
William Hannegan, and John Hannegan," for the following reasons:
The act directs the discontinuance of an action at law said to be now
pending in the United States district court for the northern district
of Ohio for the enforcement of the bond executed by said parties to the
United States, whereas in fact no such suit is pending in the district
court, but such a suit is now pending in the circuit court of the United
States for the sixth circuit and northern district of Ohio.
Neither the body of said act nor the proviso requires the obligors in
said bond, who are released from all liability to the United States on
account thereof, to abandon or release their pretended claim against the
Government.
Since these parties have gone to Congress to ask relief from liability
for a large sum of money on account of the failure of the principals in
the bond to execute their contract, it is but just and proper that they
at the same time should abandon the claim heretofore asserted by them
against the Government growing out of the same transaction.
U.S. GRANT.
EXECUTIVE MANSION, _February 7, 1871_.
_To the Senate of the United States:_
I hereby return without my approval Senate resolution No. 92, entitled
"A resolution for the relief of certain contractors for the construction
of vessels of war and steam machinery," for the following reasons:
The act of March 2, 1867 (14 U.S. Statutes at Large, p. 424), directs
the Secretary of the Navy--
to investigate the claims of all contractors for building vessels of
war and steam machinery for the same under contracts made after the 1st
day of May, 1861, and prior to the 1st day of January, 1864; and said
investigation to be made upon the following basis: He shall ascertain
the additional cost which was necessarily incurred by each contractor
in the completion of his work by reason of any changes or alterations
in the plans and specifications required, and delays in the prosecution
of the work occasioned by the Government, which were not provided for
in the original contract; but no allowance for any advance in the price
of labor or material shall be considered unless such advance occurred
during the prolonged time for completing the work rendered necessary by
the delay resulting from the action of the Government aforesaid, and
then only when such advance could not have been avoided by the exercise
of ordinary prudence and diligence on the part of the contractor. * * *
The present joint resolution transfers the investigation to the Court of
Claims, and repeals "so much of said act as provides against considering
any allowance in favor of any such parties for any advance in the price
of labor or material, unless such advance could have been avoided
by the exercise of ordinary diligence and prudence on the part of the
contractor." It seems to me that the provision thus repealed is a very
reasonable one. It prevents the contractor from receiving any allowance
for an advance in the price of labor and material when he could have
avoided that advance by the exercise of ordinary prudence and diligence.
The effect of the repeal will be to relieve contractors from the
consequences of their own imprudence and negligence. I see no good
reason for thus relieving contractors who have not exercised ordinary
prudence and diligence in their business transactions.
U.S. GRANT.
EXECUTIVE MANSION, _February 28, 1871_.
_To the House of Representatives:_
I herewith return without my approval House bill No. 2566, entitled
"An act for the relief of Henry Willman, late a private in the Third
Regiment of Indiana Cavalry," for the following reasons:
The records of the War Department show that Henry Willman was mustered
into the military service April 4, 1862, and that he was mounted on a
private horse. It appears from evidence presented by himself that his
horse died May 18, 1862; that he remounted himself on June 8, 1862, and
so continued mounted till October 1, 1862, when his horse was killed by
the enemy, and that he was not afterwards mounted upon a private horse.
Upon presenting a claim against the United States for the legal value
of the two horses lost by him in the public service, the claim, after
investigation, was allowed; but it being discovered that he had
erroneously been paid for the use and risk of a private horse from May
18 to June 8, 1862, and from October 1, 1862, to April 30, 1864, during
which periods he had no horse in the public service, the amount so
overpaid was offset against his claim, leaving the latter fully
liquidated and the claimant indebted to the United States in an amount
not yet refunded.
The person named in the act is not, in law or equity, entitled to the
relief therein provided, and has no unsatisfied demands against the
United States.
U.S. GRANT.
PROCLAMATION.
BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
A PROCLAMATION.
Whereas satisfactory evidence was given to me on the 17th day of this
month by the Government of Portugal that the discriminating duties
heretofore levied in the ports of Portugal on merchandise imported in
vessels of the United States into said ports from other countries than
those of which said merchandise was the growth, production, or
manufacture have been abolished:
Now, therefore, I, Ulysses S. Grant, President of the United States of
America, by virtue of the authority vested in me by an act of Congress
of January 7, 1824, and by an act in addition thereto of May 24, 1828,
do hereby declare and proclaim that the discriminating duties heretofore
levied in ports of the United States upon merchandise imported in
Portuguese vessels from countries other than those of which such
merchandise is the growth, produce, or manufacture shall be, and are
hereby, suspended and discontinued, this suspension or discontinuance to
take effect on and after the said 17th day of this month and to continue
so long as the reciprocal exemption of merchandise belonging to citizens
of the United States from such discriminating duties shall be granted in
the ports of Portugal.
In testimony whereof I have hereunto set my hand and caused the seal of
the United States to be affixed.
[SEAL.]
Done at the city of Washington, this 25th day of February, A.D. 1871,
and of the Independence of the United States of America the
ninety-fifth.
U.S. GRANT.
By the President:
HAMILTON FISH,
_Secretary of State_.
[NOTE.--The Forty-second Congress, first session, met March 4, 1871, in
accordance with the act of January 22, 1867.]
SPECIAL MESSAGES.
WASHINGTON, _March 17, 1871_.
_To the Senate of the United States:_
I transmit to the Senate, in compliance with its resolution of the
14th instant, a report from the Secretary of State, making known that
official notice has been received at the Department of State of the
ratification by the legislature of one, and only one, additional
State--to wit, that of New Jersey--of the fifteenth amendment to the
Constitution of the United States since the 30th of March, 1870, the
date of his certificate that three-fourths of the whole number of States
in the United States had ratified that amendment and that it had become
valid to all intents and purposes as part of the Constitution of the
United States.
U.S. GRANT.
WASHINGTON, D.C., _March 23, 1871_.
_To the Senate and House of Representatives:_
A condition of affairs now exists in some of the States of the Union
rendering life and property insecure and the carrying of the mails and
the collection of the revenue dangerous. The proof that such a condition
of affairs exists in some localities is now before the Senate. That
the power to correct these evils is beyond the control of the State
authorities I do not doubt; that the power of the Executive of the
United States, acting within the limits of existing laws, is sufficient
for present emergencies is not clear.
Therefore I urgently recommend such legislation as in the judgment of
Congress shall effectually secure life, liberty, and property and the
enforcement of law in all parts of the United States.
It may be expedient to provide that such law as shall be passed in
pursuance of this recommendation shall expire at the end of the next
session of Congress.
There is no other subject upon which I would recommend legislation
during the present session.
U.S. GRANT.
WASHINGTON, _March 28, 1871_.
_To the Senate of the United States:_
In answer to the resolution of the Senate of the 16th instant, I
transmit a report from the Secretary of State and the papers[44] which
accompanied it.
U.S. GRANT.
[Footnote 44: Reports, communications, etc., relative to the
International Statistical Congress held at The Hague in 1869.]
WASHINGTON, _March 30, 1871_.
_To the Senate of the United States:_
I transmit, for consideration with a view to its ratification, a treaty
of commerce and navigation between the United States and the Kingdom of
Italy, signed at Florence on the 26th of last month.
U.S. GRANT.
EXECUTIVE MANSION, _March 31, 1871_.
_To the Senate of the United States:_
In answer to your resolution of the 17th instant, requesting, "if not
incompatible with the public service, the report recently made by a
board of officers of the Engineer Department on the condition of the
Mississippi River near Vicksburg, Miss., with such remarks, suggestions,
or recommendations as may be made by the Chief Engineer of the Army,"
I herewith transmit a report, dated 28th instant, with accompanying
papers, received from the Secretary of War.
U.S. GRANT.
EXECUTIVE MANSION, _April 5, 1871_.
_To the Senate and House of Representatives:_
I have the honor to submit herewith to the two Houses of Congress the
report of the commissioners appointed in pursuance of joint resolution
approved January 12, 1871.
It will be observed that this report more than sustains all that I have
heretofore said in regard to the productiveness and healthfulness of the
Republic of San Domingo, of the unanimity of the people for annexation
to the United States, and of their peaceable character.
It is due to the public, as it certainly is to myself, that I should
here give all the circumstances which first led to the negotiation of a
treaty for the annexation of the Republic of San Domingo to the United
States.
When I accepted the arduous and responsible position which I now hold,
I did not dream of instituting any steps for the acquisition of insular
possessions. I believed, however, that our institutions were broad
enough to extend over the entire continent as rapidly as other peoples
might desire to bring themselves under our protection. I believed
further that we should not permit any independent government within the
limits of North America to pass from a condition of independence to one
of ownership or protection under a European power.
Soon after my inauguration as President I was waited upon by an agent of
President Baez with a proposition to annex the Republic of San Domingo
to the United States. This gentleman represented the capacity of
the island, the desire of the people, and their character and habits
about as they have been described by the commissioners whose report
accompanies this message. He stated further that, being weak in numbers
and poor in purse, they were not capable of developing their great
resources; that the people had no incentive to industry on account of
lack of protection for their accumulations, and that if not accepted by
the United States--with institutions which they loved above those of any
other nation--they would be compelled to seek protection elsewhere.
To these statements I made no reply and gave no indication of what I
thought of the proposition. In the course of time I was waited upon by
a second gentleman from San Domingo, who made the same representations,
and who was received in like manner.
In view of the facts which had been laid before me, and with an earnest
desire to maintain the "Monroe doctrine," I believed that I would be
derelict in my duty if I did not take measures to ascertain the exact
wish of the Government and inhabitants of the Republic of San Domingo in
regard to annexation and communicate the information to the people of
the United States. Under the attending circumstances I felt that if I
turned a deaf ear to this appeal I might in the future be justly charged
with a flagrant neglect of the public interests and an utter disregard
of the welfare of a downtrodden race praying for the blessings of a free
and strong government and for protection in the enjoyment of the fruits
of their own industry.
Those opponents of annexation who have heretofore professed to be
preeminently the friends of the rights of man I believed would be my
most violent assailants if I neglected so clear a duty. Accordingly,
after having appointed a commissioner to visit the island, who declined
on account of sickness, I selected a second gentleman, in whose
capacity, judgment, and integrity I had, and have yet, the most
unbounded confidence.
He visited San Domingo, not to secure or hasten annexation, but,
unprejudiced and unbiased, to learn all the facts about the Government,
the people, and the resources of that Republic. He went certainly as
well prepared to make an unfavorable report as a favorable one, if the
facts warranted it. His report fully corroborated the views of previous
commissioners, and upon its receipt I felt that a sense of duty and a
due regard for our great national interests required me to negotiate a
treaty for the acquisition of the Republic of San Domingo.
As soon as it became publicly known that such a treaty had been
negotiated, the attention of the country was occupied with allegations
calculated to prejudice the merits of the case and with aspersions upon
those whose duty had connected them with it. Amid the public excitement
thus created the treaty failed to receive the requisite two-thirds vote
of the Senate, and was rejected; but whether the action of that body was
based wholly upon the merits of the treaty, or might not have been in
some degree influenced by such unfounded allegations, could not be known
by the people, because the debates of the Senate in secret session are
not published.
Under these circumstances I deemed it due to the office which I hold
and due to the character of the agents who had been charged with the
investigation that such proceedings should be had as would enable the
people to know the truth. A commission was therefore constituted, under
authority of Congress, consisting of gentlemen selected with special
reference to their high character and capacity for the laborious work
intrusted to them, who were instructed to visit the spot and report
upon the facts. Other eminent citizens were requested to accompany the
commission, in order that the people might have the benefit of their
views. Students of science and correspondents of the press, without
regard to political opinions, were invited to join the expedition,
and their numbers were limited only by the capacity of the vessel.
The mere rejection by the Senate of a treaty negotiated by the
President only indicates a difference of opinion between two coordinate
departments of the Government, without touching the character or
wounding the pride of either. But when such rejection takes place
simultaneously with charges openly made of corruption on the part of the
President or those employed by him the case is different. Indeed, in
such case the honor of the nation demands investigation. This has been
accomplished by the report of the commissioners herewith transmitted,
and which fully vindicates the purity of the motives and action of those
who represented the United States in the negotiation.
And now my task is finished, and with it ends all personal solicitude
upon the subject. My duty being done, yours begins; and I gladly hand
over the whole matter to the judgment of the American people and of
their representatives in Congress assembled. The facts will now be
spread before the country, and a decision rendered by that tribunal
whose convictions so seldom err, and against whose will I have no policy
to enforce. My opinion remains unchanged; indeed, it is confirmed by the
report that the interests of our country and of San Domingo alike invite
the annexation of that Republic.
In view of the difference of opinion upon this subject, I suggest that
no action be taken at the present session beyond the printing and
general dissemination of the report. Before the next session of Congress
the people will have considered the subject and formed an intelligent
opinion concerning it, to which opinion, deliberately made up, it will
be the duty of every department of the Government to give heed; and no
one will more cheerfully conform to it than myself. It is not only the
theory of our Constitution that the will of the people, constitutionally
expressed, is the supreme law, but I have ever believed that "all men
are wiser than any one man;" and if the people, upon a full presentation
of the facts, shall decide that the annexation of the Republic is not
desirable, every department of the Government ought to acquiesce in that
decision.
In again submitting to Congress a subject upon which public sentiment
has been divided, and which has been made the occasion of acrimonious
debates in Congress, as well as of unjust aspersions elsewhere, I may,
I trust, be indulged in a single remark.
No man could hope to perform duties so delicate and responsible as
pertain to the Presidential office without sometimes incurring the
hostility of those who deem their opinions and wishes treated with
insufficient consideration; and he who undertakes to conduct the affairs
of a great government as a faithful public servant, if sustained by the
approval of his own conscience, may rely with confidence upon the candor
and intelligence of a free people whose best interests he has striven to
subserve, and can bear with patience the censure of disappointed men.
U.S. GRANT.
WASHINGTON, _April 5, 1871_.
_To the Senate of the United States:_
I transmit confidentially, for the information and consideration of the
Senate, a copy of a dispatch of the 25th of February last relative to
the annexation of the Hawaiian Islands, addressed to the Department of
State by Henry A. Pierce, minister resident of the United States at
Honolulu. Although I do not deem it advisable to express any opinion or
to make any recommendation in regard to the subject at this juncture,
the views of the Senate, if it should be deemed proper to express them,
would be very acceptable with reference to any future course which there
might be a disposition to adopt.
U.S. GRANT.
WASHINGTON, _April 11, 1871_.
_To the House of Representatives:_
I transmit to the House of Representatives, in answer to their resolution
of March 31, 1871, a report from the Secretary of State, with accompanying
documents.[45]
U.S. GRANT.
[Footnote 45: Dispatches from the United States minister at Florence
relative to the occupation of Rome by the King of Italy.]
[The following messages were sent to the special session of the Senate
convened by proclamation (see pp. 133-134) of April 20, 1871.]
WASHINGTON, _May 10, 1871_.
_To the Senate of the United States:_
I transmit to the Senate, for consideration with a view to ratification,
a treaty between the United States and Great Britain for the settlement
of pending questions between the two countries, signed at Washington on
the 8th instant by the commissioners of the United States and Great
Britain, respectively.
Copies of the powers and instructions to the commissioners on the part
of the United States and the protocols of the conferences are also
transmitted.
U.S. GRANT.
WASHINGTON, _May 15, 1871_.
_To the Senate of the United States:_
I transmit to the Senate, in answer to their resolution of the 10th
instant, a report[46] from the Secretary of State and the papers which
accompanied it.
U.S. GRANT.
[Footnote 46: Relating to claims of the subjects of foreign nations
growing out of the War of the Rebellion.]
WASHINGTON, _May 17, 1871_.
_To the Senate of the United States:_
In answer to a resolution of the Senate of the 15th instant, I transmit
herewith a report [47] from the Secretary of State.
U.S. GRANT.
[Footnote 47: Relating to claims under the treaty of Washington of May 8
1871.]
PROCLAMATIONS.
BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
A PROCLAMATION.
Whereas it is provided in the Constitution of the United States that the
United States shall protect every State in this Union, on application of
the legislature, or of the executive (when the legislature can not be
convened), against domestic violence; and
Whereas it is provided in the laws of the United States that in
all cases of insurrection in any State or of obstruction to the laws
thereof it shall be lawful for the President of the United States, on
application of the legislature of such State, or of the executive (when
the legislature can not be convened), to call forth the militia of any
other State or States, or to employ such part of the land and naval
force as shall be judged necessary for the purpose of suppressing such
insurrection or of causing the laws to be duly executed; and
Whereas I have received information that combinations of armed men,
unauthorized by law, are now disturbing the peace and safety of the
citizens of the State of South Carolina and committing acts of violence
in said State of a character and to an extent which render the power of
the State and its officers unequal to the task of protecting life and
property and securing public order therein; and
Whereas the legislature of said State is not now in session and can not
be convened in time to meet the present emergency, and the executive of
said State has therefore made application to me for such part of the
military force of the United States as may be necessary and adequate
to protect said State and the citizens thereof against the domestic
violence hereinbefore mentioned and to enforce the due execution of
the laws; and
Whereas the laws of the United States require that whenever it may be
necessary, in the judgment of the President, to use the military force
for the purpose aforesaid, he shall forthwith, by proclamation, command
such insurgents to disperse and retire peaceably to their respective
abodes within a limited time:
Now, therefore, I, Ulysses S. Grant, President of the United States, do
hereby command the persons composing the unlawful combinations aforesaid
to disperse and retire peaceably to their respective abodes within
twenty days from this date.
In witness whereof I have hereunto set my hand and caused the seal of
the United States to be affixed.
[SEAL.]
Done at the city of Washington, this 24th day of March, A.D. 1871, and
of the Independence of the United States the ninety-fifth.
U.S. GRANT.
By the President:
HAMILTON FISH,
_Secretary of State_.
BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
A PROCLAMATION.
Whereas objects of interest to the United States require that the Senate
should be convened at 12 o'clock on Wednesday, the 10th day of May next,
to receive and act upon such communications as may be made to it on the
part of the Executive:
Now, therefore, I, Ulysses S. Grant, President of the United States,
have considered it to be my duty to issue this my proclamation,
declaring that an extraordinary occasion requires the Senate of the
United States to convene for the transaction of business at the Capitol,
in the city of Washington, on Wednesday, the 10th day of May next, at 12
o'clock on that day, of which all who shall at that time be entitled to
act as members of that body are hereby required to take notice.
[SEAL.]
Given under my hand and the seal of the United States, at Washington,
the 20th day of April, A.D. 1871, and of the Independence of the United
States of America the ninety-fifth.
U.S. GRANT.
By the President:
HAMILTON FISH,
_Secretary of State_.
BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
A PROCLAMATION
The act of Congress entitled "An act to enforce the provisions of
the fourteenth amendment to the Constitution of the United States,
and for other purposes," approved April 20, A.D. 1871, being a law of
extraordinary public importance, I consider it my duty to issue this my
proclamation, calling the attention of the people of the United States
thereto enjoining upon all good citizens, and especially upon all public
officers, to be zealous in the enforcement thereof, and warning all
persons to abstain from committing any of the acts thereby prohibited.
This law of Congress applies to all parts of the United States and
will be enforced everywhere to the extent of the powers vested in the
Executive. But inasmuch as the necessity therefor is well known to have
been caused chiefly by persistent violations of the rights of citizens
of the United States by combinations of lawless and disaffected persons
in certain localities lately the theater of insurrection and military
conflict, I do particularly exhort the people of those parts of the
country to suppress all such combinations by their own voluntary efforts
through the agency of local laws and to maintain the rights of all
citizens of the United States and to secure to all such citizens the
equal protection of the laws.
Fully sensible of the responsibility imposed upon the Executive by the
act of Congress to which public attention is now called, and reluctant
to call into exercise any of the extraordinary powers thereby conferred
upon me except in cases of imperative necessity, I do, nevertheless,
deem it my duty to make known that I will not hesitate to exhaust the
powers thus vested in the Executive whenever and wherever it shall
become necessary to do so for the purpose of securing to all citizens
of the United States the peaceful enjoyment of the rights guaranteed
to them by the Constitution and laws.
It is my earnest wish that peace and cheerful obedience to law may
prevail throughout the land and that all traces of our late unhappy
civil strife may be speedily removed. These ends can be easily reached
by acquiescence in the results of the conflict, now written in our
Constitution, and by the due and proper enforcement of equal, just, and
impartial laws in every part of our country.
The failure of local communities to furnish such means for the
attainment of results so earnestly desired imposes upon the National
Government the duty of putting forth all its energies for the protection
of its citizens of every race and color and for the restoration of peace
and order throughout the entire country.
In testimony whereof I have hereunto set my hand and caused the seal of
the United States to be affixed.
Done at the city of Washington, this 3d day of May, A.D. 1871, and of
the Independence of the United States the ninety-fifth.
[SEAL.]
U.S. GRANT.
By the President:
HAMILTON FISH,
_Secretary of State_.
BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
A PROCLAMATION.
Whereas unlawful combinations and conspiracies have long existed and do
still exist in the State of South Carolina for the purpose of depriving
certain portions and classes of the people of that State of the rights,
privileges, immunities, and protection named in the Constitution of the
United States and secured by the act of Congress approved April 20,
1871, entitled "An act to enforce the provisions of the fourteenth
amendment to the Constitution of the United States;" and
Whereas in certain parts of said State, to wit, in the counties of
Spartanburg, York, Marion, Chester, Laurens, Newberry, Fairfield,
Lancaster, and Chesterfield, such combinations and conspiracies do
so obstruct and hinder the execution of the laws of said State and of
the United States as to deprive the people aforesaid of the rights,
privileges, immunities, and protection aforesaid and do oppose and
obstruct the laws of the United States and their due execution and
impede and obstruct the due course of justice under the same; and
Whereas the constituted authorities of said State are unable to protect
the people aforesaid in such rights within the said counties; and
Whereas the combinations and conspiracies aforesaid, within the counties
aforesaid, are organized and armed and are so numerous and powerful as
to be able to defy the constituted authorities of said State and of the
United States within the said State, and by reason of said causes the
conviction of such offenders and the preservation of the public peace
and safety have become impracticable in said counties:
Now, therefore, I, Ulysses S. Grant, President of the United States
of America, do hereby command all persons composing the unlawful
combinations and conspiracies aforesaid to disperse and to retire
peaceably to their homes within five days of the date hereof, and to
deliver either to the marshal of the United States for the district of
South Carolina, or to any of his deputies, or to any military officer of
the United States within said counties, all arms, ammunition, uniforms,
disguises, and other means and implements used, kept, possessed, or
controlled by them for carrying out the unlawful purposes for which the
combinations and conspiracies are organized.
In witness whereof I have hereunto set my hand and caused the seal of
the United States to be affixed.
Done at the city of Washington, this 12th day of October, A.D. 1871, and
of the Independence of the United States of America the ninety-sixth.
[SEAL.]
U.S. GRANT.
By the President:
HAMILTON FISH,
_Secretary of State_.
BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
A PROCLAMATION.
Whereas by an act of Congress entitled "An act to enforce the provisions
of the fourteenth amendment to the Constitution of the United States,
and for other purposes," approved the 20th day of April, A.D. 1871,
power is given to the President of the United States, when in his
judgment the public safety shall require it, to suspend the privileges
of the writ of _habeas corpus_ in any State or part of a State whenever
combinations and conspiracies exist in such State or part of a State for
the purpose of depriving any portion or class of the people of such
State of the rights, privileges, immunities, and protection named in the
Constitution of the United States and secured by the act of Congress
aforesaid; and whenever such combinations and conspiracies do so
obstruct and hinder the execution of the laws of any such State and of
the United States as to deprive the people aforesaid of the rights,
privileges, immunities, and protection aforesaid, and do oppose and
obstruct the laws of the United States and their due execution, and
impede and obstruct the due course of justice under the same; and
whenever such combinations shall be organized and armed, and so numerous
and powerful as to be able by violence either to overthrow or to set at
defiance the constituted authorities of said State and of the United
States within such State; and whenever by reason of said causes the
conviction of such offenders and the preservation of the public peace
shall become in such State or part of a State impracticable; and
Whereas such unlawful combinations and conspiracies for the purposes
aforesaid are declared by the act of Congress aforesaid to be rebellion
against the Government of the United States; and
Whereas by said act of Congress it is provided that before the President
shall suspend the privileges of the writ of _habeas corpus_ he shall
first have made proclamation commanding such insurgents to disperse; and
Whereas on the 12th day of the present month of October the President of
the United States did issue his proclamation, reciting therein, among
other things, that such combinations and conspiracies did then exist in
the counties of Spartanburg, York, Marion, Chester, Laurens, Newberry,
Fairfield, Lancaster, and Chesterfield, in the State of South Carolina,
and commanding thereby all persons composing such unlawful combinations
and conspiracies to disperse and retire peaceably to their homes within
five days from the date thereof, and to deliver either to the marshal of
the United States for the district of South Carolina, or to any of his
deputies, or to any military officer of the United States within said
counties, all arms, ammunition, uniforms, disguises, and other means and
implements used, kept, possessed, or controlled by them for carrying out
the unlawful purposes for which the said combinations and conspiracies
are organized; and
Whereas the insurgents engaged in such unlawful combinations and
conspiracies within the counties aforesaid have not dispersed and
retired peaceably to their respective homes, and have not delivered to
the marshal of the United States, or to any of his deputies, or to any
military officer of the United States within said counties, all arms,
ammunition, uniforms, disguises, and other means and implements used,
kept, possessed, or controlled by them for carrying out the unlawful
purposes for which the combinations and conspiracies are organized, as
commanded by said proclamation, but do still persist in the unlawful
combinations and conspiracies aforesaid:
Now, therefore, I, Ulysses S. Grant, President of the United States of
America, by virtue of the authority vested in me by the Constitution of
the United States and the act of Congress aforesaid, do hereby declare
that in my judgment the public safety especially requires that the
privileges of the writ of _habeas corpus_ be suspended, to the end that
such rebellion may be overthrown, and do hereby suspend the privileges
of the writ of _habeas corpus_ within the counties of Spartanburg,
York, Marion, Chester, Laurens, Newberry, Fairfield, Lancaster, and
Chesterfield, in said State of South Carolina, in respect to all persons
arrested by the marshal of the United States for the said district of
South Carolina, or by any of his deputies, or by any military officer of
the United States, or by any soldier or citizen acting under the orders
of said marshal, deputy, or such military officer within any one of said
counties, charged with any violation of the act of Congress aforesaid,
during the continuance of such rebellion.
In witness whereof I have hereunto set my hand and caused the seal of
the United States to be affixed.
Done at the city of Washington, this 17th day of October, A.D. 1871, and
of the Independence of the United States of America the ninety-sixth.
[SEAL.]
U.S. GRANT.
By the President:
J.C. BANCROFT DAVIS,
_Acting Secretary of State_.
BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
A PROCLAMATION.
The process of the seasons has again enabled the husbandman to garner
the fruits of successful toil. Industry has been generally well
rewarded. We are at peace with all nations, and tranquillity, with few
exceptions, prevails at home. Within the past year we have in the main
been free from ills which elsewhere have afflicted our kind. If some of
us have had calamities, these should be an occasion for sympathy with
the sufferers, of resignation on their part to the will of the Most
High, and of rejoicing to the many who have been more favored.
I therefore recommend that on Thursday, the 30th day of November next,
the people meet in their respective places of worship and there make the
usual annual acknowledgments to Almighty God for the blessings He has
conferred upon them, for their merciful exemption from evils, and invoke
His protection and kindness for their less fortunate brethren, whom in
His wisdom He has deemed it best to chastise.
In witness whereof I have hereunto set my hand and caused the seal of
the United States to be affixed.
Done at the city of Washington, this 28th day of October, A.D. 1871, and
of the Independence of the United States the ninety-sixth.
[SEAL.]
U.S. GRANT.
By the President:
HAMILTON FISH,
_Secretary of State_.
BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
A PROCLAMATION.
Whereas in my proclamation of the 12th day of October, in the year 1871,
it was recited that certain unlawful combinations and conspiracies
existed in certain counties in the State of South Carolina for the
purpose of depriving certain portions and classes of the people of that
State of the rights, privileges, and immunities and protection named in
the Constitution of the United States and secured by the act of Congress
approved April 20, 1871, entitled "An act to enforce the provisions of
the fourteenth amendment to the Constitution of the United States," and
the persons composing such combinations and conspiracies were commanded
to disperse and to retire peaceably to their homes within five days from
said date; and
Whereas by my proclamation of the 17th day of October, in the year 1871,
the privileges of the writ of _habeas corpus_ were suspended in the
counties named in said proclamation; and
Whereas the county of Marion was named in said proclamations as one of
the counties in which said unlawful combinations and conspiracies for
the purposes aforesaid existed, and in which the privileges of the writ
of _habeas corpus_ were suspended; and
Whereas it has been ascertained that in said county of Marion said
combinations and conspiracies do not exist to the extent recited in said
proclamations; and
Whereas it has been ascertained that unlawful combinations and
conspiracies of the character and to the extent and for the purposes
described in said proclamations do exist in the county of Union in said
State:
Now, therefore, I, Ulysses S. Grant, President of the United States
of America, do hereby revoke, as to the said county of Marion, the
suspension of the privileges of the writ of _habeas corpus_ directed
in my said proclamation of the 17th day of October, 1871.
And I do hereby command all persons in the said county of Union
composing the unlawful combinations and conspiracies aforesaid to
disperse and to retire peaceably to their homes within five days of the
date hereof, and to deliver either to the marshal of the United States
for the district of South Carolina, or to any of his deputies, or to any
military officer of the United States within said county, all arms,
ammunition, uniforms, disguises, and other means and implements used,
kept, possessed, or controlled by them for carrying out the unlawful
purposes for which the combinations and conspiracies are organized.
In witness whereof I have hereunto set my hand and caused the seal of
the United States to be affixed.
Done at the city of Washington, this 3d day of November, A.D. 1871, and
of the Independence of the United States of America the ninety-sixth.
[SEAL.]
U.S. GRANT.
By the President:
HAMILTON FISH,
_Secretary of State_.
BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
A PROCLAMATION.
Whereas by an act of Congress entitled "An act to enforce the provisions
of the fourteenth amendment to the Constitution of the United States,
and for other purposes," approved the 20th day of April, A.D. 1871,
power is given to the President of the United States, when in his
judgment the public safety shall require it, to suspend the privileges
of the writ of _habeas corpus_ in any State or part of a State whenever
combinations and conspiracies exist in such State or part of a State for
the purpose of depriving any portion or class of the people of such
State of the rights, privileges, immunities, and protection named in the
Constitution of the United States and secured by the act of Congress
aforesaid; and whenever such combinations and conspiracies do so
obstruct and hinder the execution of the laws of any such State and of
the United States as to deprive the people aforesaid of the rights,
privileges, immunities, and protection aforesaid, and do oppose and
obstruct the laws of the United States and their due execution, and
impede and obstruct the due course of justice under the same; and
whenever such combinations shall be organized and armed and so numerous
and powerful as to be able by violence either to overthrow or to set at
defiance the constituted authorities of said State and of the United
States within such State; and whenever by reason of said causes the
conviction of such offenders and the preservation of the public peace
shall become in such State or part of a State impracticable; and
Whereas such unlawful combinations and conspiracies for the purposes
aforesaid are declared by the act of Congress aforesaid to be rebellion
against the Government of the United States; and
Whereas by said act of Congress it is provided that before the President
shall suspend the privileges of the writ of _habeas corpus_ he shall
first have made proclamation commanding such insurgents to disperse; and
Whereas on the 3d day of the present month of November the President
of the United States did issue his proclamation, reciting therein,
among other things, that such combinations and conspiracies did then
exist in the county of Union, in the State of South Carolina, and
commanding thereby all persons composing such unlawful combinations and
conspiracies to disperse and retire peaceably to their homes within five
days from the date thereof, and to deliver either to the marshal of
the United States for the district of South Carolina, or to any of his
deputies, or to any military officer of the United States within said
county, all arms, ammunition, uniforms, disguises, and other means and
implements used, kept, possessed, or controlled by them for carrying out
the unlawful purposes for which the said combinations and conspiracies
are organized; and
Whereas the insurgents engaged in such unlawful combinations and
conspiracies within the county aforesaid have not dispersed and retired
peaceably to their respective homes, and have not delivered to the
marshal of the United States, or to any of his deputies, or to any
military officer of the United States within said county, all arms,
ammunition, uniforms, disguises, and other means and implements used,
kept, possessed, or controlled by them for carrying out the unlawful
purposes for which the combinations and conspiracies are organized, as
commanded by said proclamation, but do still persist in the unlawful
combinations and conspiracies aforesaid:
Now, therefore, I, Ulysses S. Grant, President of the United States of
America, by virtue of the authority vested in me by the Constitution of
the United States and the act of Congress aforesaid, do hereby declare
that in my judgment the public safety especially requires that the
privileges of the writ of _habeas corpus_ be suspended, to the end that
such rebellion may be overthrown, and do hereby suspend the privileges
of the writ of _habeas corpus_ within the county of Union, in said State
of South Carolina, in respect to all persons arrested by the marshal of
the United States for the said district of South Carolina, or by any of
his deputies, or by any military officer of the United States, or by any
soldier or citizen acting under the orders of said marshal, deputy, or
such military officer within said county, charged with any violation of
the act of Congress aforesaid, during the continuance of such rebellion.
In witness whereof I have hereunto set my hand and caused the seal of
the United States to be affixed.
Done at the city of Washington, this 10th day of November, A.D. 1871,
and of the Independence of the United States of America the
ninety-sixth.
[SEAL.]
U.S. GRANT.
By the President:
HAMILTON FISH,
_Secretary of State_.
EXECUTIVE ORDER.
BY THE PRESIDENT OF THE UNITED STATES.
EXECUTIVE ORDER.
WASHINGTON, _March 31, 1871_.
The act of June 15, 1852, section 1 (10 U.S. Statutes at Large, p. 10),
provides:
That whenever any officer of either of the Territories of the United
States shall be absent therefrom and from the duties of his office no
salary shall be paid him during the year in which such absence shall
occur, unless good cause therefor shall be shown to the President of
the United States, who shall officially certify his opinion of such
cause to the proper accounting officer of the Treasury, to be filed
in his office.
It has been the practice under this law for the Territorial officers who
have desired to be absent from their respective Territories to apply for
leaves to the head of the proper Department at Washington, and when such
leave has been given the required certificate of the President has been
granted as a matter of course.
The unusual number of applications for leave of absence which have
been lately made by Territorial officers has induced the President to
announce that he expects the gentlemen who hold those offices to stay in
their respective Territories and to attend strictly to their official
duties. They have been appointed for service in the Territory and for
the benefit and convenience of the Territorial population. He expects
them by their personal presence to identify themselves with the people
and acquire local information, without which their duties can not be
well performed. Frequent or long absence makes them in some degree
strangers, and therefore less acceptable to the people. Their absence,
no matter with what substitution, must often put the people to
inconvenience. Executive officers may be required for emergencies which
could not be foreseen. Judges should be at hand, not only when the
courts are in session, but for matters of bail, _habeas corpus_, orders
in equity, examination of persons charged with crime, and other similar
business, which often arises in vacation.
These and similar considerations no doubt induced Congress to pass the
law above quoted.
It is therefore directed that in future the heads of Departments shall
grant leaves of absence to Territorial officers only for reasons of the
most urgent character, and then only for the shortest possible time.
By order of the President:
HAMILTON FISH, _Secretary of State_.
THIRD ANNUAL MESSAGE.
EXECUTIVE MANSION, _December 4, 1871_.
_To the Senate and House of Representatives:_
In addressing my third annual message to the law-making branch of the
Government it is gratifying to be able to state that during the past
year success has generally attended the effort to execute all laws found
upon the statute books. The policy has been not to inquire into the
wisdom of laws already enacted, but to learn their spirit and intent and
to enforce them accordingly.
The past year has, under a wise Providence, been one of general
prosperity to the nation. It has, however, been attended with more than
usual chastisements in the loss of life and property by storm and fire.
These disasters have served to call forth the best elements of human
nature in our country and to develop a friendship for us on the part
of foreign nations which goes far toward alleviating the distresses
occasioned by these calamities. The benevolent, who have so generously
shared their means with the victims of these misfortunes, will reap
their reward in the consciousness of having performed a noble act and
in receiving the grateful thanks of men, women, and children whose
sufferings they have relieved.
The relations of the United States with foreign powers continue to be
friendly. The year has been an eventful one in witnessing two great
nations, speaking one language and having one lineage, settling by
peaceful arbitration disputes of long standing and liable at any time to
bring those nations into bloody and costly conflict. An example has thus
been set which, if successful in its final issue, may be followed by
other civilized nations, and finally be the means of returning to
productive industry millions of men now maintained to settle the
disputes of nations by the bayonet and the broadside.
I transmit herewith a copy of the treaty alluded to, which has been
concluded since the adjournment of Congress with Her Britannic Majesty,
and a copy of the protocols of the conferences of the commissioners by
whom it was negotiated. This treaty provides methods for adjusting the
questions pending between the two nations.
Various questions are to be adjusted by arbitration. I recommend
Congress at an early day to make the necessary provision for the
tribunal at Geneva and for the several commissioners on the part of the
United States called for by the treaty.
His Majesty the King of Italy, the President of the Swiss Confederation,
and His Majesty the Emperor of Brazil have each consented, on the joint
request of the two powers, to name an arbiter for the tribunal at
Geneva. I have caused my thanks to be suitably expressed for the
readiness with which the joint request has been complied with, by the
appointment of gentlemen of eminence and learning to these important
positions.
His Majesty the Emperor of Germany has been pleased to comply with the
joint request of the two Governments, and has consented to act as the
arbitrator of the disputed water boundary between the United States and
Great Britain.
The contracting parties in the treaty have undertaken to regard as
between themselves certain principles of public law, for which the
United States have contended from the commencement of their history.
They have also agreed to bring those principles to the knowledge of the
other maritime powers and to invite them to accede to them. Negotiations
are going on as to the form of the note by which the invitation is to be
extended to the other powers.
I recommend the legislation necessary on the part of the United States
to bring into operation the articles of the treaty relating to the
fisheries and to the other matters touching the relations of the United
States toward the British North American possessions, to become
operative so soon as the proper legislation shall be had on the part of
Great Britain and its possessions. It is much to be desired that this
legislation may become operative before the fishermen of the United
States begin to make their arrangements for the coming season.
I have addressed a communication, of which a copy is transmitted
herewith, to the governors of New York, Pennsylvania, Ohio, Indiana,
Michigan, Illinois, and Wisconsin, urging upon the governments of those
States, respectively, the necessary action on their part to carry into
effect the object of the article of the treaty which contemplates the
use of the canals, on either side, connected with the navigation of the
lakes and rivers forming the boundary, on terms of equality, by the
inhabitants of both countries. It is hoped that the importance of the
object and the benefits to flow therefrom will secure the speedy
approval and legislative sanction of the States concerned.
I renew the recommendation for an appropriation for determining the true
position of the forty-ninth parallel of latitude where it forms the
boundary between the United States and the British North American
possessions, between the Lake of the Woods and the summit of the Rocky
Mountains. The early action of Congress on this recommendation would put
it in the power of the War Department to place a force in the field
during the next summer.
The resumption of diplomatic relations between France and Germany has
enabled me to give directions for the withdrawal of the protection
extended to Germans in France by the diplomatic and consular
representatives of the United States in that country. It is just to add
that the delicate duty of this protection has been performed by the
minister and the consul-general at Paris, and the various consuls in
France under the supervision of the latter, with great kindness as well
as with prudence and tact. Their course has received the commendation of
the German Government, and has wounded no susceptibility of the French.
The Government of the Emperor of Germany continues to manifest a
friendly feeling toward the United States, and a desire to harmonize
with the moderate and just policy which this Government maintains in
its relations with Asiatic powers, as well as with the South American
Republics. I have given assurances that the friendly feelings of that
Government are fully shared by the United States.
The ratifications of the consular and naturalization conventions with
the Austro-Hungarian Empire have been exchanged.
I have been officially informed of the annexation of the States of the
Church to the Kingdom of Italy, and the removal of the capital of that
Kingdom to Rome. In conformity with the established policy of the
United States, I have recognized this change. The ratifications of the
new treaty of commerce between the United States and Italy have been
exchanged. The two powers have agreed in this treaty that private
property at sea shall be exempt from capture in case of war between
the two powers. The United States have spared no opportunity of
incorporating this rule into the obligation of nations.
The Forty-first Congress, at its third session, made an appropriation
for the organization of a mixed commission for adjudicating upon the
claims of citizens of the United States against Spain growing out of
the insurrection in Cuba. That commission has since been organized. I
transmit herewith the correspondence relating to its formation and its
jurisdiction. It is to be hoped that this commission will afford the
claimants a complete remedy for their injuries.
It has been made the agreeable duty of the United States to preside over
a conference at Washington between the plenipotentiaries of Spain and
the allied South American Republics, which has resulted in an armistice,
with the reasonable assurance of a permanent peace.
The intimate friendly relations which have so long existed between the
United States and Russia continue undisturbed. The visit of the third
son of the Emperor is a proof that there is no desire on the part of his
Government to diminish the cordiality of those relations. The hospitable
reception which has been given to the Grand Duke is a proof that on our
side we share the wishes of that Government. The inexcusable course of
the Russian minister at Washington rendered it necessary to ask his
recall and to decline to longer receive that functionary as a diplomatic
representative. It was impossible, with self-respect or with a just
regard to the dignity of the country, to permit Mr. Catacazy to continue
to hold intercourse with this Government after his personal abuse of
Government officials, and during his persistent interferences, through
various means, with the relations between the United States and other
powers. In accordance with my wishes, this Government has been relieved
of further intercourse with Mr. Catacazy, and the management of the
affairs of the imperial legation has passed into the hands of a
gentleman entirely unobjectionable.
With Japan we continue to maintain intimate relations. The cabinet of
the Mikado has since the close of the last session of Congress selected
citizens of the United States to serve in offices of importance in
several departments of Government. I have reason to think that this
selection is due to an appreciation of the disinterestedness of the
policy which the United States have pursued toward Japan. It is our
desire to continue to maintain this disinterested and just policy with
China as well as Japan. The correspondence transmitted herewith shows
that there is no disposition on the part of this Government to swerve
from its established course.
Prompted by a desire to put an end to the barbarous treatment of our
shipwrecked sailors on the Korean coast, I instructed our minister at
Peking to endeavor to conclude a convention with Korea for securing the
safety and humane treatment of such mariners.
Admiral Rodgers was instructed to accompany him with a sufficient force
to protect him in case of need.
A small surveying party sent out, on reaching the coast was
treacherously attacked at a disadvantage. Ample opportunity was given
for explanation and apology for the insult. Neither came. A force was
then landed. After an arduous march over a rugged and difficult country,
the forts from which the outrages had been committed were reduced by a
gallant assault and were destroyed. Having thus punished the criminals,
and having vindicated the honor of the flag, the expedition returned,
finding it impracticable under the circumstances to conclude the desired
convention. I respectfully refer to the correspondence relating thereto,
herewith submitted, and leave the subject for such action as Congress
may see fit to take.
The Republic of Mexico has not yet repealed the very objectionable laws
establishing what is known as the "free zone" on the frontier of the
United States. It is hoped that this may yet be done, and also that more
stringent measures may be taken by that Republic for restraining lawless
persons on its frontiers. I hope that Mexico by its own action will soon
relieve this Government of the difficulties experienced from these
causes.
Our relations with the various Republics of Central and South America
continue, with one exception, to be cordial and friendly.
I recommend some action by Congress regarding the overdue installments
under the award of the Venezuelan Claims Commission of 1866. The
internal dissensions of this Government present no justification for the
absence of effort to meet their solemn treaty obligations.
The ratification of an extradition treaty with Nicaragua has been
exchanged.
It is a subject for congratulation that the great Empire of Brazil has
taken the initiatory step toward the abolition of slavery. Our relations
with that Empire, always cordial, will naturally be made more so by this
act. It is not too much to hope that the Government of Brazil may
hereafter find it for its interest, as well as intrinsically right, to
advance toward entire emancipation more rapidly than the present act
contemplates.
The true prosperity and greatness of a nation is to be found in the
elevation and education of its laborers.
It is a subject for regret that the reforms in this direction which were
voluntarily promised by the statesmen of Spain have not been carried out
in its West India colonies. The laws and regulations for the apparent
abolition of slavery in Cuba and Porto Rico leave most of the laborers
in bondage, with no hope of release until their lives become a burden to
their employers.
I desire to direct your attention to the fact that citizens of the
United States, or persons claiming to be citizens of the United States,
are large holders in foreign lands of this species of property,
forbidden by the fundamental law of their alleged country. I recommend
to Congress to provide by stringent legislation a suitable remedy
against the holding, owning, or dealing in slaves, or being interested
in slave property, in foreign lands, either as owners, hirers, or
mortgagors, by citizens of the United States.
It is to be regretted that the disturbed condition of the island of Cuba
continues to be a source of annoyance and of anxiety. The existence
of a protracted struggle in such close proximity to our own territory,
without apparent prospect of an early termination, can not be other than
an object of concern to a people who, while abstaining from interference
in the affairs of other powers, naturally desire to see every country in
the undisturbed enjoyment of peace, liberty, and the blessings of free
institutions.
Our naval commanders in Cuban waters have been instructed, in case it
should become necessary, to spare no effort to protect the lives and
property of _bona fide_ American citizens and to maintain the dignity
of the flag.
It is hoped that all pending questions with Spain growing out of the
affairs in Cuba may be adjusted in the spirit of peace and conciliation
which has hitherto guided the two powers in their treatment of such
questions.
To give importance to and to add to the efficiency of our diplomatic
relations with Japan and China, and to further aid in retaining the good
opinion of those peoples, and to secure to the United States its share
of the commerce destined to flow between those nations and the balance
of the commercial world, I earnestly recommend that an appropriation
be made to support at least four American youths in each of those
countries, to serve as a part of the official family of our ministers
there. Our representatives would not even then be placed upon an
equality with the representatives of Great Britain and of some other
powers. As now situated, our representatives in Japan and China have to
depend for interpreters and translators upon natives of those countries
who know our language imperfectly, or procure for the occasion the
services of employees in foreign business houses or the interpreters to
other foreign ministers.
I would also recommend liberal measures for the purpose of supporting
the American lines of steamers now plying between San Francisco and
Japan and China, and the Australian line--almost our only remaining
lines of ocean steamers--and of increasing their services.
The national debt has been reduced to the extent of $86,057,126.80
during the year, and by the negotiation of national bonds at a lower
rate of interest the interest on the public debt has been so far
diminished that now the sum to be raised for the interest account is
nearly $17,000,000 less than on the 1st of March, 1869. It was highly
desirable that this rapid diminution should take place, both to
strengthen the credit of the country and to convince its citizens
of their entire ability to meet every dollar of liability without
bankrupting them. But in view of the accomplishment of these desirable
ends; of the rapid development of the resources of the country; its
increasing ability to meet large demands, and the amount already
paid, it is not desirable that the present resources of the country
should continue to be taxed in order to continue this rapid payment.
I therefore recommend a modification of both the tariff and
internal-tax law. I recommend that all taxes from internal sources
be abolished, except those collected from spirituous, vinous, and
malt liquors, tobacco in its various forms, and from stamps.
In readjusting the tariff I suggest that a careful estimate be made of
the amount of surplus revenue collected under the present laws, after
providing for the current expenses of the Government, the interest
account, and a sinking fund, and that this surplus be reduced in such a
manner as to afford the greatest relief to the greatest number. There
are many articles not produced at home, but which enter largely into
general consumption through articles which are manufactured at home,
such as medicines compounded, etc., etc., from which very little revenue
is derived, but which enter into general use. All such articles I
recommend to be placed on the "free list." Should a further reduction
prove advisable, I would then recommend that it be made upon those
articles which can best bear it without disturbing home production or
reducing the wages of American labor.
I have not entered into figures, because to do so would be to repeat
what will be laid before you in the report of the Secretary of the
Treasury. The present laws for collecting revenue pay collectors
of customs small salaries, but provide for moieties (shares in all
seizures), which, at principal ports of entry particularly, raise the
compensation of those officials to a large sum. It has always seemed
to me as if this system must at times work perniciously. It holds out
an inducement to dishonest men, should such get possession of those
offices, to be lax in their scrutiny of goods entered, to enable them
finally to make large seizures. Your attention is respectfully invited
to this subject.
Continued fluctuations in the value of gold, as compared with the
national currency, has a most damaging effect upon the increase and
development of the country, in keeping up prices of all articles
necessary in everyday life. It fosters a spirit of gambling, prejudicial
alike to national morals and the national finances. If the question
can be met as to how to get a fixed value to our currency, that value
constantly and uniformly approaching par with specie, a very desirable
object will be gained.
For the operations of the Army in the past year, the expense of
maintaining it, the estimate for the ensuing year, and for continuing
seacoast and other improvements conducted under the supervision of the
War Department, I refer you to the accompanying report of the Secretary
of War.
I call your attention to the provisions of the act of Congress approved
March 3, 1869, which discontinues promotions in the staff corps of the
Army until provided for by law. I recommend that the number of officers
in each grade in the staff corps be fixed, and that whenever the number
in any one grade falls below the number so fixed, that the vacancy may
be filled by promotion from the grade below. I also recommend that when
the office of chief of a corps becomes vacant the place may be filled by
selection from the corps in which the vacancy exists.
The report of the Secretary of the Navy shows an improvement in the
number and efficiency of the naval force, without material increase in
the expense of supporting it. This is due to the policy which has been
adopted, and is being extended as fast as our material will admit, of
using smaller vessels as cruisers on the several stations. By this means
we have been enabled to occupy at once a larger extent of cruising
grounds, to visit more frequently the ports where the presence of our
flag is desirable, and generally to discharge more efficiently the
appropriate duties of the Navy in time of peace, without exceeding the
number of men or the expenditure authorized by law.
During the past year the Navy has, in addition to its regular service,
supplied the men and officers for the vessels of the Coast Survey, and
has completed the surveys authorized by Congress of the isthmuses of
Darien and Tehuantepec, and, under like authority, has sent out an
expedition, completely furnished and equipped, to explore the unknown
ocean of the north.
The suggestions of the report as to the necessity for increasing and
improving the _matériel_ of the Navy, and the plan recommended for
reducing the _personnel_ of the service to a peace standard, by the
gradual abolition of certain grades of officers, the reduction of
others, and the employment of some in the service of the commercial
marine, are well considered and deserve the thoughtful attention of
Congress.
I also recommend that all promotions in the Navy above the rank of
captain be by selection instead of by seniority. This course will secure
in the higher grades greater efficiency and hold out an incentive to
young officers to improve themselves in the knowledge of their
profession.
The present cost of maintaining the Navy, its cost compared with that of
the preceding year, and the estimates for the ensuing year are contained
in the accompanying report of the Secretary of the Navy.
The enlarged receipts of the Post-Office Department, as shown by the
accompanying report of the Postmaster-General, exhibit a gratifying
increase in that branch of the public service. It is the index of the
growth of education and of the prosperity of the people, two elements
highly conducive to the vigor and stability of republics. With a vast
territory like ours, much of it sparsely populated, but all requiring
the services of the mail, it is not at present to be expected that this
Department can be made self-sustaining. But a gradual approach to this
end from year to year is confidently relied on, and the day is not far
distant when the Post-Office Department of the Government will prove a
much greater blessing to the whole people than it is now.
The suggestions of the Postmaster-General for improvements in the
Department presided over by him are earnestly recommended to your
special attention. Especially do I recommend favorable consideration of
the plan for uniting the telegraphic system of the United States with
the postal system. It is believed that by such a course the cost of
telegraphing could be much reduced, and the service as well, if not
better, rendered. It would secure the further advantage of extending the
telegraph through portions of the country where private enterprise will
not construct it. Commerce, trade, and, above all, the efforts to bring
a people widely separated into a community of interest are always
benefited by a rapid intercommunication. Education, the groundwork of
republican institutions, is encouraged by increasing the facilities to
gather speedy news from all parts of the country. The desire to reap the
benefit of such improvements will stimulate education. I refer you to
the report of the Postmaster-General for full details of the operations
of last year and for comparative statements of results with former
years.
There has been imposed upon the executive branch of the Government the
execution of the act of Congress approved April 20, 1871, and commonly
known as the Kuklux law, in a portion of the State of South Carolina.
The necessity of the course pursued will be demonstrated by the report
of the Committee to Investigate Southern Outrages. Under the provisions
of the above act I issued a proclamation[48] calling the attention of
the people of the United States to the same, and declaring my reluctance
to exercise any of the extraordinary powers thereby conferred upon me,
except in case of imperative necessity, but making known my purpose to
exercise such powers whenever it should become necessary to do so for
the purpose of securing to all citizens of the United States the
peaceful enjoyment of the rights guaranteed to them by the Constitution
and the laws.
After the passage of this law information was received from time to time
that combinations of the character referred to in this law existed and
were powerful in many parts of the Southern States, particularly in
certain counties in the State of South Carolina.
Careful investigation was made, and it was ascertained that in nine
counties of that State such combinations were active and powerful,
embracing a sufficient portion of the citizens to control the local
authority, and having, among other things, the object of depriving
the emancipated class of the substantial benefits of freedom and of
preventing the free political action of those citizens who did not
sympathize with their own views. Among their operations were frequent
scourgings and occasional assassinations, generally perpetrated at night
by disguised persons, the victims in almost all cases being citizens of
different political sentiments from their own or freed persons who had
shown a disposition to claim equal rights with other citizens. Thousands
of inoffensive and well-disposed citizens were the sufferers by this
lawless violence.
Thereupon, on the 12th of October, 1871, a proclamation[49] was issued,
in terms of the law, calling upon the members of those combinations to
disperse within five days and to deliver to the marshal or military
officers of the United States all arms, ammunition, uniforms, disguises,
and other means and implements used by them for carrying out their
unlawful purposes.
This warning not having been heeded, on the 17th of October another
proclamation[50] was issued, suspending the privileges of the writ of
_habeas corpus_ in nine counties in that State.
Direction was given that within the counties so designated persons
supposed, upon creditable information, to be members of such unlawful
combinations should be arrested by the military forces of the United
States and delivered to the marshal, to be dealt with according to law.
In two of said counties, York and Spartanburg, many arrests have been
made. At the last account the number of persons thus arrested was 168.
Several hundred, whose criminality was ascertained to be of an inferior
degree, were released for the present. These have generally made
confessions of their guilt.
Great caution has been exercised in making these arrests, and,
notwithstanding the large number, it is believed that no innocent person
is now in custody. The prisoners will be held for regular trial in the
judicial tribunals of the United States.
As soon as it appeared that the authorities of the United States were
about to take vigorous measures to enforce the law, many persons
absconded, and there is good ground for supposing that all of such
persons have violated the law. A full report of what has been done under
this law will be submitted to Congress by the Attorney-General.
In Utah there still remains a remnant of barbarism, repugnant to
civilization, to decency, and to the laws of the United States.
Territorial officers, however, have been found who are willing to
perform their duty in a spirit of equity and with a due sense of the
necessity of sustaining the majesty of the law. Neither polygamy nor
any other violation of existing statutes will be permitted within the
territory of the United States. It is not with the religion of the
self-styled Saints that we are now dealing, but with their practices.
They will be protected in the worship of God according to the dictates
of their consciences, but they will not be permitted to violate the laws
under the cloak of religion.
It may be advisable for Congress to consider what, in the execution of
the laws against polygamy, is to be the status of plural wives and their
offspring. The propriety of Congress passing an enabling act authorizing
the Territorial legislature of Utah to legitimize all children born
prior to a time fixed in the act might be justified by its humanity to
these innocent children. This is a suggestion only, and not a
recommendation.
The policy pursued toward the Indians has resulted favorably, so far
as can be judged from the limited time during which it has been in
operation. Through the exertions of the various societies of Christians
to whom has been intrusted the execution of the policy, and the board of
commissioners authorized by the law of April 10, 1869, many tribes of
Indians have been induced to settle upon reservations, to cultivate the
soil, to perform productive labor of various kinds, and to partially
accept civilization. They are being cared for in such a way, it is
hoped, as to induce those still pursuing their old habits of life to
embrace the only opportunity which is left them to avoid extermination.
I recommend liberal appropriations to carry out the Indian peace policy,
not only because it is humane, Christianlike, and economical, but
because it is right.
I recommend to your favorable consideration also the policy of granting
a Territorial government to the Indians in the Indian Territory west
of Arkansas and Missouri and south of Kansas. In doing so every right
guaranteed to the Indian by treaty should be secured. Such a course
might in time be the means of collecting most of the Indians now between
the Missouri and the Pacific and south of the British possessions into
one Territory or one State. The Secretary of the Interior has treated
upon this subject at length, and I commend to you his suggestions.
I renew my recommendation that the public lands be regarded as a
heritage to our children, to be disposed of only as required for
occupation and to actual settlers. Those already granted have been in
great part disposed of in such a way as to secure access to the balance
by the hardy settler who may wish to avail himself of them, but caution
should be exercised even in attaining so desirable an object.
Educational interest may well be served by the grant of the proceeds of
the sale of public lands to settlers. I do not wish to be understood as
recommending in the least degree a curtailment of what is being done by
the General Government for the encouragement of education.
The report of the Secretary of the Interior submitted with this will
give you all the information collected and prepared for publication in
regard to the census taken during the year 1870; the operations of the
Bureau of Education for the year; the Patent Office; the Pension Office;
the Land Office, and the Indian Bureau.
The report of the Commissioner of Agriculture gives the operations of
his Department for the year. As agriculture is the groundwork of our
prosperity, too much importance can not be attached to the labors of
this Department. It is in the hands of an able head, with able
assistants, all zealously devoted to introducing into the agricultural
productions of the nation all useful products adapted to any of the
various climates and soils of our vast territory, and to giving all
useful information as to the method of cultivation, the plants, cereals,
and other products adapted to particular localities. Quietly but surely
the Agricultural Bureau is working a great national good, and if
liberally supported the more widely its influence will be extended and
the less dependent we shall be upon the products of foreign countries.
The subject of compensation to the heads of bureaus and officials
holding positions of responsibility, and requiring ability and character
to fill properly, is one to which your attention is invited. But few of
the officials receive a compensation equal to the respectable support
of a family, while their duties are such as to involve millions of
interest. In private life services demand compensation equal to the
services rendered; a wise economy would dictate the same rule in the
Government service.
I have not given the estimates for the support of Government for the
ensuing year, nor the comparative statement between the expenditures
for the year just passed and the one just preceding, because all these
figures are contained in the accompanying reports or in those presented
directly to Congress. These estimates have my approval.
More than six years having elapsed since the last hostile gun was
fired between the armies then arrayed against each other--one for the
perpetuation, the other for the destruction, of the Union--it may well
be considered whether it is not now time that the disabilities imposed
by the fourteenth amendment should be removed. That amendment does not
exclude the ballot, but only imposes the disability to hold offices upon
certain classes. When the purity of the ballot is secure, majorities are
sure to elect officers reflecting the views of the majority. I do not
see the advantage or propriety of excluding men from office merely
because they were before the rebellion of standing and character
sufficient to be elected to positions requiring them to take oaths
to support the Constitution, and admitting to eligibility those
entertaining precisely the same views, but of less standing in their
communities. It may be said that the former violated an oath, while the
latter did not; the latter did not have it in their power to do so.
If they had taken this oath, it can not be doubted they would have
broken it as did the former class. If there are any great criminals,
distinguished above all others for the part they took in opposition to
the Government, they might, in the judgment of Congress, be excluded
from such an amnesty.
This subject is submitted for your careful consideration.
The condition of the Southern States is, unhappily, not such as all
true patriotic citizens would like to see. Social ostracism for
opinion's sake, personal violence or threats toward persons entertaining
political views opposed to those entertained by the majority of the old
citizens, prevents immigration and the flow of much-needed capital into
the States lately in rebellion. It will be a happy condition of the
country when the old citizens of these States will take an interest in
public affairs, promulgate ideas honestly entertained, vote for men
representing their views, and tolerate the same freedom of expression
and ballot in those entertaining different political convictions.
Under the provisions of the act of Congress approved February 21, 1871,
a Territorial government was organized in the District of Columbia. Its
results have thus far fully realized the expectations of its advocates.
Under the direction of the Territorial officers, a system of
improvements has been inaugurated by means of which Washington is
rapidly becoming a city worthy of the nation's capital. The citizens of
the District having voluntarily taxed themselves to a large amount for
the purpose of contributing to the adornment of the seat of Government,
I recommend liberal appropriations on the part of Congress, in order
that the Government may bear its just share of the expense of carrying
out a judicious system of improvements.
By the great fire in Chicago the most important of the Government
buildings in that city were consumed. Those burned had already become
inadequate to the wants of the Government in that growing city, and,
looking to the near future, were totally inadequate. I recommend,
therefore, that an appropriation be made immediately to purchase the
remainder of the square on which the burned buildings stood, provided it
can be purchased at a fair valuation, or provided that the legislature
of Illinois will pass a law authorizing its condemnation for Government
purposes; and also an appropriation of as much money as can properly be
expended toward the erection of new buildings during this fiscal year.
The number of immigrants ignorant of our laws, habits, etc., coming into
our country annually has become so great and the impositions practiced
upon them so numerous and flagrant that I suggest Congressional action
for their protection. It seems to me a fair subject of legislation by
Congress. I can not now state as fully as I desire the nature of the
complaints made by immigrants of the treatment they receive, but will
endeavor to do so during the session of Congress, particularly if the
subject should receive your attention.
It has been the aim of the Administration to enforce honesty and
efficiency in all public offices. Every public servant who has
violated the trust placed in him has been proceeded against with all the
rigor of the law. If bad men have secured places, it has been the fault
of the system established by law and custom for making appointments,
or the fault of those who recommend for Government positions persons
not sufficiently well known to them personally, or who give letters
indorsing the characters of office seekers without a proper sense
of the grave responsibility which such a course devolves upon them.
A civil-service reform which can correct this abuse is much desired.
In mercantile pursuits the business man who gives a letter of
recommendation to a friend to enable him to obtain credit from a
stranger is regarded as morally responsible for the integrity of his
friend and his ability to meet his obligations. A reformatory law which
would enforce this principle against all indorsers of persons for public
place would insure great caution in making recommendations. A salutary
lesson has been taught the careless and the dishonest public servant in
the great number of prosecutions and convictions of the last two years.
It is gratifying to notice the favorable change which is taking place
throughout the country in bringing to punishment those who have proven
recreant to the trusts confided to them and in elevating to public
office none but those who possess the confidence of the honest and the
virtuous, who, it will always be found, comprise the majority of the
community in which they live.
In my message to Congress one year ago I urgently recommended a
reform in the civil service of the country. In conformity with that
recommendation Congress, in the ninth section of "An act making
appropriations for sundry civil expenses of the Government, and for
other purposes," approved March 3, 1871, gave the necessary authority
to the Executive to inaugurate a civil-service reform, and placed upon
him the responsibility of doing so. Under the authority of said act I
convened a board of gentlemen eminently qualified for the work to devise
rules and regulations to effect the needed reform. Their labors are not
yet complete, but it is believed that they will succeed in devising a
plan that can be adopted to the great relief of the Executive, the heads
of Departments, and members of Congress, and which will redound to the
true interest of the public service. At all events, the experiment shall
have a fair trial.
I have thus hastily summed up the operations of the Government during
the last year, and made such suggestions as occur to me to be proper for
your consideration. I submit them with a confidence that your combined
action will be wise, statesmanlike, and in the best interests of the
whole country.
U.S. GRANT.
[Footnote 48: See pp. 134-135.]
[Footnote 49: See pp. 135-136.]
[Footnote 50: See pp. 136-138.]
SPECIAL MESSAGES.
EXECUTIVE MANSION, _December 4, 1871_.
_To the House of Representatives:_
In compliance with section 2 of the act making appropriations for the
consular and diplomatic expenses of the Government for the year ending
June 30, 1871, approved July 11, 1870, I herewith transmit the names and
reports of and the amounts paid to consular agents of the United States.
U.S. GRANT.
WASHINGTON, _December 4, 1871_.
_To the Senate and House of Representatives:_
I transmit herewith to Congress a report, dated November 8, 1871,
received from the Secretary of State, in compliance with the requirement
of the act of March 3, 1871, making appropriations, among other things,
for the increase of expenses and compensation of certain diplomatic
and consular officers of the United States on account of the late war
between France and Prussia. The expenditures therein mentioned have
been made on my approval.
U.S. GRANT.
WASHINGTON, _December 4, 1871_.
_To the Senate and House of Representatives:_
I herewith transmit to Congress a report, dated the 4th instant, with
the accompanying papers,[51] received from the Secretary of State, in
compliance with the requirements of the eighteenth section of the act
entitled "An act to regulate the diplomatic and consular systems of the
United States," approved August 18, 1856.
U.S. GRANT.
[Footnote 51: Report of fees collected, etc., by consular officers of
the United States for 1870, and tariff of consular fees prescribed by
the President October 1, 1870.]
WASHINGTON, _December 5, 1871_.
_To the Senate and House of Representatives:_
In pursuance of the provisions of the second section of the act approved
June 20, 1864, entitled "An act making appropriations for the consular
and diplomatic expenses of the Government for the year ending the 30th
of June, 1865, and for other purposes," I inform Congress that William
Heine, a consular clerk, was on the 30th of August last removed from
office for the following cause, viz: Insubordination, disobedience of
orders, and disrespectful conduct toward his superiors.
U.S. GRANT.
WASHINGTON, _December 6, 1871_.
_To the Senate of the United States:_
I transmit to the Senate, in answer to their resolution of the 5th
instant, a report from the Secretary of State, with accompanying
papers.[52]
U.S. GRANT.
[Footnote 52: Correspondence relative to the retirement of Constantin de
Catacazy, minister from Russia to the United States.]
EXECUTIVE MANSION, _December 19, 1871_.
_To the Senate and House of Representatives:_
In accordance with the act of Congress approved March 3, 1871,
I convened a commission of eminent gentlemen to devise rules and
regulations for the purpose of reforming the civil service. Their labors
are now completed, and I transmit herewith their report,[53] together
with the rules which they recommend for my action. These rules have been
adopted and will go into effect on the 1st day of January, 1872.
Under the law referred to, as I interpret it, the authority is already
invested in the Executive to enforce these regulations, with full power
to abridge, alter, or amend them, at his option, when changes may be
deemed advisable.
These views, together with the report of the commissioners, are
submitted for your careful consideration as to whether further
legislation may be necessary in order to carry out an effective and
beneficial civil-service reform. If left to me, without further
Congressional action, the rules prescribed by the commission, under the
reservation already mentioned, will be faithfully executed; but they are
not binding, without further legislation, upon my successors.
Being desirous of bringing this subject to the attention of Congress
before the approaching recess, I have not time to sufficiently examine
the accompanying report to enable me to suggest definite legislative
action to insure the support which may be necessary in order to give
a thorough trial to a policy long needed.
I ask for all the strength which Congress can give me to enable
me to carry out the reforms in the civil service recommended by the
commission, and adopted to take effect, as before stated, on January 1,
1872.
The law which provides for the convening of a commission to devise
rules and regulations for reforming the civil service authorizes,
I think, the permanent organization of a primary board under whose
general direction all examinations of applicants for public office shall
be conducted. There is no appropriation to continue such a board beyond
the termination of its present labors. I therefore recommend that a
proper appropriation be made to continue the services of the present
board for another year, and in view of the fact that three members of
the board held positions in the public service, which precludes them
from receiving extra compensation, under existing laws, that they be
authorized to receive a fair compensation for extra services rendered
by them in the performance of this duty.
U.S. GRANT.
[Footnote 53: Omitted.]
RULES FOR THE CIVIL SERVICE.
1. No person shall be admitted to any position in the civil service
within the appointment of the President or the heads of Departments who
is not a citizen of the United States; who shall not have furnished
satisfactory evidence in regard to character, health, and age, and who
shall not have passed a satisfactory examination in speaking, reading,
and writing the English language.
2. An advisory board of suitable persons, to be employed by the
President under the ninth section of the act of March 3, 1871, entitled
"An act making appropriations for sundry civil expenses of the
Government for the fiscal year ending June 30, 1872, and for other
purposes," shall, so far as practicable, group the positions in each
branch of the civil service according to the character of the duties to
be performed, and shall grade each group from lowest to highest for the
purpose of promotion within the group. Admission to the civil service
shall always be to the lowest grade of any group; and to such positions
as can not be grouped or graded admission shall be determined as
provided for the lowest grade.
3. A vacancy occurring in the lowest grade of any group of offices shall
be filled, after due public notice, from all applicants who shall
present themselves, and who shall have furnished the evidence and
satisfied the preliminary examination already mentioned, and who shall
have passed a public competitive examination to test knowledge, ability,
and special qualifications for the performance of the duties of the
office. The board conducting such competitive examination shall prepare,
under the supervision of the Advisory Board, a list of the names of the
applicants in the order of their excellence as proved by such
examination, beginning with the highest, and shall then certify to the
nominating or appointing power, as the case may be, the names standing
at the head of such list, not exceeding three, and from the names thus
certified the appointment shall be made.
4. A vacancy occurring in any grade of a group of offices above the
lowest shall be filled by a competitive examination of applicants from
the other grades of that group, and the list of names from which the
appointment is to be made shall be prepared and certified as provided
in the preceding rule; but if no such applicants are found competent
the appointment shall be made upon an examination of all applicants,
conducted in accordance with the provisions for admission to the lowest
grade.
5. Applicants certified as otherwise qualified for appointment as
cashiers of collectors of customs, cashiers of assistant treasurers,
cashiers of postmasters, superintendents of money-order divisions in
post-offices, and such other custodians of large sums of money as may
hereafter be designated by the Advisory Board, and for whose pecuniary
fidelity another officer is responsible, shall, nevertheless, not be
appointed except with the approval of such other officer.
6. Postmasters whose annual salary is less than $200 may be appointed
upon the written request of applicants, with such evidence of character
and fitness as shall be satisfactory to the head of the Department.
7. The appointment of all persons entering the civil service in
accordance with these regulations, excepting persons appointed by the
President by and with the advice and consent of the Senate, postmasters,
and persons appointed to any position in a foreign country, shall be
made for a probationary term of six months, during which the conduct and
capacity of such persons shall be tested; and if at the end of said
probationary term satisfactory proofs of their fitness shall have been
furnished by the board of examiners to the head of the Department in
which they shall have been employed during said term, they shall be
reappointed.
8. The President will designate three persons in each Department of
the public service to serve as a board of examiners, which, under the
supervision of the Advisory Board and under regulations to be prescribed
by it, and at such times and places as it may determine, shall conduct,
personally or by persons approved by the Advisory Board, all
investigations and examinations for admission into said Departments or
for promotion therein.
9. Any person who, after long and faithful service in a Department,
shall be incapacitated by mental or bodily infirmity for the efficient
discharge of the duties of his position may be appointed by the head of
the Department, at his discretion, to a position of less responsibility
in the same Department.
10. Nothing in these rules shall prevent the appointment of aliens to
positions in the consular service which by reason of small compensation
or of other sufficient cause are, in the judgment of the appointing
power, necessarily so filled, nor the appointment of such persons within
the United States as are indispensable to a proper discharge of the
duties of certain positions, but who may not be familiar with the
English language or legally capable of naturalization.
11. No head of a Department nor any subordinate officer of the
Government shall, as such officer, authorize or permit or assist in
levying any assessment of money for political purposes, under the form
of voluntary contributions or otherwise, upon any person employed under
his control, nor shall any such person pay any money so assessed.
12. The Advisory Board shall at any time recommend to the President such
changes in these rules as it may consider necessary to secure the
greater efficiency of the civil service.
13. From these rules are excepted the heads of Departments, Assistant
Secretaries of Departments, Assistant Attorneys-General, and First
Assistant Postmaster-General, Solicitor-General, Solicitor of the
Treasury, Naval Solicitor, Solicitor of Internal Revenue, examiner of
claims in the State Department, Treasurer of the United States, Register
of the Treasury, First and Second Comptrollers of the Treasury, judges
of the United States courts, district attorneys, private secretary of
the President, ambassadors and other public ministers, Superintendent
of the Coast Survey, Director of the Mint, governors of Territories,
special commissioners, special counsel, visiting and examining boards,
persons appointed to positions without compensation for services,
dispatch agents, and bearers of dispatches.
EXECUTIVE MANSION, _December 20, 1871_.
_To the House of Representatives:_
In answer to the resolution of the House of Representatives of the 6th
instant, requesting information in regard to certain measures with
reference to the Spanish West Indies, I transmit reports from the
Secretary of State and of the Navy, with the documents by which they
were accompanied.
U.S. GRANT.
WASHINGTON, _January 8, 1872_.
_To the House of Representatives:_
In answer to a resolution of the House of Representatives of the 6th of
December, requesting to be informed if any further action is necessary
by Congress to secure the immediate temporary preservation of the
archives or public records now in the State Department, I transmit a
report and accompanying papers from the Secretary of State.
U.S. GRANT.
WASHINGTON, _January 9, 1872_.
_To the Senate:_
In answer to the resolution of the Senate of the 19th of December
last, calling for certain correspondence relating to the subject of
international coinage not heretofore furnished, I transmit herewith a
report from the Secretary of State, with the papers which accompanied
it.
U.S. GRANT.
WASHINGTON, _January 15, 1872_.
_To the Senate of the United States:_
I transmit, for the consideration of the Senate with a view to
ratification, a convention between the United States and His Majesty the
Emperor of Austria-Hungary, relative to the protection of trade-marks.
U.S. GRANT.
WASHINGTON, _January 15, 1872_.
_To the Senate of the United States:_
I transmit, for the consideration of the Senate with a view to
ratification, a convention between the United States and His Majesty the
Emperor of Germany, relative to the rights, privileges, and duties of
consuls and to the protection of trade-marks, signed at Berlin on the
11th ultimo.
A copy of the dispatch of the 11th ultimo from Mr. Bancroft, which
accompanied the convention, is also transmitted for the information of
the Senate.
U.S. GRANT.
WASHINGTON, _January 16, 1872_.
_To the Senate of the United States:_
In answer to the resolution of the Senate of the 16th of May last,
calling for papers, correspondence, and information relating to the case
of the ship _Hudson_ and schooner _Washington_[54] I transmit reports
from the Secretaries of State and of the Navy and the papers by which
they were accompanied.
U.S. GRANT.
[Footnote 54: Seized by British authorities at the Falkland Islands in
1854.]
WASHINGTON, _January 30, 1872_.
_To the House of Representatives:_
In answer to a resolution of the House of Representatives of the 15th
instant, calling for certain correspondence relating to the release of
the Fenian prisoner William G. Halpine, I transmit herewith a report of
the Secretary of State.
U.S. GRANT.
WASHINGTON, _February 2, 1872_.
_To the Senate of the United States:_
I transmit to the Senate, in answer to their resolution of the 16th
ultimo, a report from the Secretary of State, with accompanying
papers.[55]
U.S. GRANT.
[Footnote 55: Correspondence relative to the seizure and detention of
the American steamers _Hero, Dudley Buck, Nutrias_, and _San Fernando_,
property of the Venezuela Steam Transportation Company, and the virtual
imprisonment of the officers of those vessels.]
WASHINGTON, _February 13, 1872_.
_To the Senate of the United States:_
In answer to the resolution adopted by the Senate on the 19th of
December last, relative to questions with Spain growing out of affairs
in Cuba and to instructions to our naval commanders in Cuban waters,
I transmit reports from the Secretaries of State and of the Navy.
U.S. GRANT.
WASHINGTON, _February 13, 1872_.
_To the Senate of the United States:_
In answer to the resolution of the Senate of the 8th instant, I transmit
a report from the Secretary of State and the copy of the case of the
United States presented to the tribunal of arbitration at Geneva, which
accompanied it.
U.S. GRANT.
WASHINGTON, _February 23, 1872_.
_To the Senate of the United States:_
I transmit herewith, for the consideration of the Senate, a preliminary
report of Dr. E.C. Wines, appointed under a joint resolution of Congress
of the 7th of March, 1871, as commissioner of the United States to the
international congress on the prevention and repression of crime,
including penal and reformatory treatment.
U.S. GRANT.
WASHINGTON, _March 11, 1872_.
_To the House of Representatives:_
I transmit herewith a report,[56] dated the 5th instant, received from
the Secretary of State, in compliance with the resolution of the House
of Representatives of the 28th of February ultimo.
U.S. GRANT.
[Footnote 56: Relative to the number of consular and commercial agents
of the United States abroad who speak or write the language of the
country in which their districts are situated.]
EXECUTIVE MANSION, _March 15, 1872_.
_To the Senate and House of Representatives:_
I have the honor herewith to transmit to Congress a recommendation from
Hon. M.D. Leggett, Commissioner of Patents, for the reorganization of
his office, and also the letter of the Secretary of the Interior
accompanying it.
I concur with the Secretary of the Interior in the views expressed in
his letter, and recommend the careful consideration of Congress to the
subject of this communication, and action which will secure a more
efficient performance of the duties of the Patent Office than is
practicable under present legislation.
U.S. GRANT.
WASHINGTON, _March 16, 1872_.
_To the House of Representatives:_
I transmit herewith a report,[57] dated the 16th instant, received from
the Secretary of State, in compliance with the resolution of the House
of Representatives of the 7th instant.
U.S. GRANT.
[Footnote 57: Stating that there are no papers in the Department of
State to show that the inhabitants of the Navigators Islands, in the
Pacific Ocean, have made application to have the protection of the
United States extended over said islands.]
WASHINGTON, _March 19, 1872_.
_To the Senate of the United States:_
I transmit to the Senate, for consideration with a view to its
ratification, a "general convention of friendship, commerce, and
extradition" between the United States and the Orange Free State, signed
at Bloemfontein on the 22d of December last by W.W. Edgcomb, consul of
the United States at Cape Town, acting on behalf of this Government, and
by Mr. F.K. Höhne on behalf of the Orange Free State.
U.S. GRANT.
WASHINGTON, _March 20, 1872_.
_To the House of Representatives:_
I transmit herewith a report,[58] dated the 20th instant, received from
the Secretary of State, to whom was referred the resolution of the House
of Representatives of the 28th ultimo.
U.S. GRANT.
[Footnote 58: Transmitting a translation of the Spanish royal decree of
July 6, 1860, prescribing regulations for the introduction of Chinese
laborers into Cuba, and translation of a decree of Count Valmaseda,
Captain-General of Cuba, of December 13, 1871, relative to the decree of
July 6, 1860.]
WASHINGTON, _March 23, 1872_.
_To the House of Representatives of the United States:_
In answer to a resolution of the House of Representatives of the 20th
instant, I transmit a report from the Secretary of State, with a list
of the newspapers[59] which accompanied it.
U.S. GRANT.
[Footnote 59: Selected to publish the laws of the United States for the
second session of the Forty-second Congress.]
WASHINGTON, _March 28, 1872_.
_To the House of Representatives:_
I transmit to the House of Representatives, in answer to their
resolution of the 19th instant, a report of the Secretary of State and
the papers[60] which accompany the same.
U.S. GRANT.
[Footnote 60: Correspondence relative to the imprisonment by Spanish
authorities of Dr. J.R. Houard, a citizen of the United States, charged
with complicity in the insurrection in Cuba.]
WASHINGTON, _April 2, 1872_.
_To the Senate of the United States:_
In answer to the resolution of the Senate of the 18th of January last,
relating to British light-house dues, I transmit herewith a report from
the Secretary of State and the documents which accompanied it.
U.S. GRANT.
WASHINGTON, _April 4, 1872_.
_To the House of Representatives:_
In answer to the resolution of the House of Representatives of the 14th
of January last, I transmit herewith a report[61] of the Secretary of
State.
U.S. GRANT.
[Footnote 61: Stating that the report of Richard D. Cutts on the
marketable products of the sea was transmitted with the message of
President Johnson of February 17, 1869.]
EXECUTIVE MANSION, _April 19, 1872_.
_To the House of Representatives:_
In answer to the resolution of the House of Representatives of the 25th
of January last, I have the honor to submit the following, accompanied
by the report of the Attorney-General, to whom the resolution was
referred:
Representations having been made to me that in certain portions of South
Carolina a condition of lawlessness and terror existed, I requested the
then Attorney-General (Akerman) to visit that State, and after personal
examination to report to me the facts in relation to the subject.
On the 16th of October last he addressed me a communication from South
Carolina, in which he stated that in the counties of Spartanburg,
York, Chester, Union, Laurens, Newberry, Fairfield, Lancaster, and
Chesterfield there were combinations for the purpose of preventing the
free political action of citizens who were friendly to the Constitution
and the Government of the United States, and of depriving emancipated
classes of the equal protection of the laws.
"These combinations embrace at least two-thirds of the active white men
of those counties, and have the sympathy and countenance of a majority
of the one-third. They are connected with similar combinations in other
counties and States, and no doubt are part of a grand system of criminal
associations pervading most of the Southern States. The members are
bound to obedience and secrecy by oaths which they are taught to regard
as of higher obligation than the lawful oaths taken before civil
magistrates.
"They are organized and armed. They effect their objects by personal
violence, often extending to murder. They terrify witnesses; they
control juries in the State courts, and sometimes in the courts of
the United States. Systematic perjury is one of the means by which
prosecutions of the members are defeated. From information given by
officers of the State and of the United States and by credible private
citizens I am justified in affirming that the instances of criminal
violence perpetrated by these combinations within the last twelve
months in the above-named counties could be reckoned by thousands."
I received information of a similar import from various other sources,
among which were the Joint Select Committee of Congress upon Southern
Outrages, the officers of the State, the military officers of the United
States on duty in South Carolina, the United States attorney and
marshal, and other civil officers of the Government, repentant and
abjuring members of those unlawful organizations, persons specially
employed by the Department of Justice to detect crimes against the
United States, and from other credible persons.
Most, if not all, of this information, except what I derived from the
Attorney-General, came to me orally, and was to the effect that said
counties were under the sway of powerful combinations, properly known as
"Kuklux Klans," the objects of which were by force and terror to prevent
all political action not in accord with the views of the members; to
deprive colored citizens of the right to bear arms and of the right to a
free ballot; to suppress schools in which colored children were taught,
and to reduce the colored people to a condition closely akin to that of
slavery; that these combinations were organized and armed, and had
rendered the local laws ineffectual to protect the classes whom they
desired to oppress; that they had perpetrated many murders and hundreds
of crimes of minor degree, all of which were unpunished; and that
witnesses could not safely testify against them unless the more active
members were placed under restraint.
U.S. GRANT.
WASHINGTON, _April 20, 1872_.
_To the House of Representatives:_
I transmit, for the information of the House of Representatives, a
report from the Secretary of State and the copy of the counter case of
the United States in the matter of the claims against Great Britain, as
presented to the board of arbitration at Geneva, which accompanies it.
U.S. GRANT.
[The same message was sent to the Senate.]
WASHINGTON, _April 24, 1872_.
_To the House of Representatives of the United States:_
In answer to a resolution of the 22d instant, I transmit to the House
of Representatives a report from the Secretary of State, with the British
case[62] and papers which accompanied it.
U.S. GRANT.
[Footnote 62: Presented to the board of arbitration at Geneva.]
_To the House of Representatives:_
In answer to a resolution of the House of Representatives of yesterday,
I transmit a report of the Secretary of State and copies of the British
counter case,[63] and the volumes of appendixes to the British case
which accompany it.
U.S. GRANT.
APRIL 29, 1872.
[Footnote 63: Presented to the board of arbitration at Geneva.]
EXECUTIVE MANSION, _April 30, 1872_.
_To the Senate and House of Representatives:_
I have the honor to transmit herewith the annual report of the board
of public works of the District of Columbia, submitted to me for that
purpose by the governor of the Territory in accordance with section 37
of "An act to provide a government for the District of Columbia,"
approved February 21, 1871.
U.S. GRANT.
WASHINGTON, D.C., _May 7, 1872_.
_To the House of Representatives:_
In answer to a resolution of the House of Representatives of the 15th
of March last, I transmit herewith a report of the Secretary of State and
the papers[64] which accompanied it.
U.S. GRANT.
[Footnote 64: Correspondence relative to the claim of the owners of
the steamer _Aroostook_ for compensation for the use of that vessel in
searching for bodies and property lost in the United States steamer
_Oneida_, wrecked in the Bay of Yedo in 1870.]
WASHINGTON, _May 7, 1872_.
_To the Senate of the United States:_
I transmit, for the consideration of the Senate with a view to its
ratification, a convention between the United States and the Republic
of Ecuador for the purpose of regulating the citizenship of persons who
emigrate from the one country to the other, which instrument was signed
in this city on the 6th instant.
U.S. GRANT.
WASHINGTON, _May 7, 1872_.
_To the Senate of the United States:_
I herewith communicate to the Senate a report from the Acting Secretary
of the Interior of this date, in answer to the resolution of that body
adopted on the 23d ultimo, calling for information relative to the
recent affray at the court-house in Going Snake district, Indian
Territory.
In view of the feeling of hostility which exists between the Cherokees
and the United States authorities of the western district of Arkansas,
it seems to be necessary that Congress should adopt such measures as
will tend to allay that feeling and at the same time secure the
enforcement of the laws in that Territory.
I therefore concur with the Acting Secretary of the Interior in
suggesting the adoption of a pending bill for the erection of a judicial
district within the Indian Territory, as a measure which will afford the
most immediate remedy for the existing troubles.
U.S. GRANT.
[A similar message, dated May 10, was sent to the House of
Representatives, in answer to a resolution of that body of April 29.]
WASHINGTON, _May 13, 1872_.
_To the Senate of the United States:_
I transmit herewith the correspondence which has recently taken place
respecting the differences of opinion which have arisen between this
Government and that of Great Britain with regard to the powers of the
tribunal of arbitration created under the treaty signed at Washington
May 8, 1871.
I respectfully invite the attention of the Senate to the proposed
article submitted by the British Government with the object of removing
the differences which seem to threaten the prosecution of the
arbitration, and request an expression by the Senate of their
disposition in regard to advising and consenting to the formal adoption
of an article such as is proposed by the British Government.
The Senate is aware that the consultation with that body in advance
of entering into agreements with foreign states has many precedents.
In the early days of the Republic General Washington repeatedly asked
their advice upon pending questions with such powers. The most important
recent precedent is that of the Oregon boundary treaty, in 1846.
The importance of the results hanging upon the present state of the
treaty with Great Britain leads me to follow these former precedents
and to desire the counsel of the Senate in advance of agreeing to the
proposal of Great Britain.
U.S. GRANT.
EXECUTIVE MANSION, _May 14, 1872_.
_To the Senate and House of Representatives of the United States:_
In my message to Congress at the beginning of its present session
allusion was made to the hardships and privations inflicted upon poor
immigrants on shipboard and upon arrival on our shores, and a suggestion
was made favoring national legislation for the purpose of effecting a
radical cure of the evil.
Promise was made that a special message on this subject would be
presented during the present session should information be received
which would warrant it. I now transmit to the two Houses of Congress
all that has been officially received since that time bearing upon the
subject, and recommend that such legislation be had as will secure,
first, such room and accommodation on shipboard as is necessary for
health and comfort, and such privacy and protection as not to compel
immigrants to be the unwilling witnesses to so much vice and misery;
and, second, legislation to protect them upon their arrival at our
seaports from the knaves who are ever ready to despoil them of the
little all which they are able to bring with them. Such legislation
will be in the interests of humanity, and seems to be fully justifiable.
The immigrant is not a citizen of any State or Territory upon his
arrival, but comes here to become a citizen of a great Republic, free
to change his residence at will, to enjoy the blessings of a protecting
Government, where all are equal before the law, and to add to the
national wealth by his industry.
On his arrival he does not know States or corporations, but confides
implicitly in the protecting arm of the great, free country of which
he has heard so much before leaving his native land. It is a source of
serious disappointment and discouragement to those who start with means
sufficient to support them comfortably until they can choose a residence
and begin employment for a comfortable support to find themselves
subject to ill treatment and every discomfort on their passage here, and
at the end of their journey seized upon by professed friends, claiming
legal right to take charge of them for their protection, who do not
leave them until all their resources are exhausted, when they are
abandoned in a strange land, surrounded by strangers, without employment
and ignorant of the means of securing it. Under the present system this
is the fate of thousands annually, the exposures on shipboard and the
treatment on landing driving thousands to lives of vice and shame who,
with proper humane treatment, might become useful and respectable
members of society.
I do not advise national legislation in affairs that should be regulated
by the States; but I see no subject more national in its character than
provision for the safety and welfare of the thousands who leave foreign
lands to become citizens of this Republic.
When their residence is chosen, they may then look to the laws of their
locality for protection and guidance.
The mass of immigrants arriving upon our shores, coming, as they do, on
vessels under foreign flags, makes treaties with the nations furnishing
these immigrants necessary for their complete protection. For more than
two years efforts have been made on our part to secure such treaties,
and there is now reasonable ground to hope for success.
U.S. GRANT.
WASHINGTON, _May 14, 1872_.
_To the Senate of the United States:_
In answer to a resolution of the Senate of the 28th of March last, I
transmit herewith copies of the correspondence between the Department of
State and the consul of the United States at Bucharest relative to the
persecution and oppression of the Israelites in the Principality of
Roumania.
U.S. GRANT.
WASHINGTON, _May 15, 1872_.
_To the House of Representatives:_
I transmit herewith, for the information of the House of
Representatives, the correspondence which has recently taken place
respecting the differences of opinion which have arisen between this
Government and that of Great Britain with regard to the powers of the
tribunal of arbitration created under the treaty signed at Washington
May 8, 1871, and which has led to certain negotiations, still pending,
between the two Governments.
U.S. GRANT.
WASHINGTON, _May 17, 1872_.
_To the Senate of the United States:_
I herewith transmit to the Senate a communication of this date from
the Acting Secretary of the Interior, and the papers therein described,
containing information[65] called for in the Senate resolution of the 23d
ultimo, which was answered in part on the 8th [7th] instant.
U.S. GRANT.
[Footnote 65: Relating to acts of United States marshals and deputy
marshals in that portion of the western district of Arkansas comprising
the Indian country.]
WASHINGTON, _May 21, 1872_.
_To the House of Representatives:_
In answer to the resolution of the House of Representatives of the 14th
instant, requesting information in regard to the commerce between the
United States and certain British colonial possessions, I transmit a
report from the Secretary of State and the documents by which it was
accompanied.
U.S. GRANT.
WASHINGTON, _May 22, 1872_.
_To the House of Representatives:_
In answer to a resolution of the House of Representatives of the 20th
instant, requesting me to join the Italian Government in a protest
against the intolerant and cruel treatment of the Jews in Roumania, I
transmit a report from the Secretary of State relative to the subject.
U.S. GRANT.
WASHINGTON, _May 22, 1872_.
_To the Senate of the United States:_
I transmit to the Senate, for its consideration, an agreement between
the Great Chief of the island of Tutuila, one of the Samoan group, in
the South Pacific, and Commander R.W. Meade, commanding the United
States steamer _Narragansett_, bearing date the 17th of February last.
This instrument proposes to confer upon this Government the exclusive
privilege of establishing a naval station in the dominions of that chief
for the equivalent of protecting those dominions.
A copy of a letter of the 15th instant, and of its accompaniment,
addressed by the Secretary of the Navy to the Secretary of State,
descriptive of Tutuila and of other islands of the group, and of a
letter in the nature of a protest from a person claiming to be consul
of the North German Confederation in that quarter, are also herewith
transmitted. No report has yet been received from Commander Meade on the
subject. Although he was without special instructions or authority to
enter into such agreement, the advantages of the concession which it
proposes to make are so great, in view of the advantageous position
of Tutuila, especially as a coaling station for steamers between San
Francisco and Australia, that I should not hesitate to recommend its
approval but for the protection on the part of the United States
which it seems to imply. With some modification of the obligation
of protection which the agreement imports, it is recommended to the
favorable consideration of the Senate.
U.S. GRANT.
EXECUTIVE MANSION, _May 23, 1872_.
_To the Senate of the United States:_
I have the honor to transmit herewith, in answer to the resolution
of the Senate of March 12, requesting to be informed of "the amount
of money expended by the Government of the United States during the
last three years for telegraphing by ocean cables," reports from the
different Departments of the Government, to which the resolution was
referred.
U.S. GRANT.
EXECUTIVE MANSION, _May 24, 1872_.
_To the Senate and House of Representatives:_
In compliance with section 2 of the act approved July 11, 1870, entitled
"An act making appropriations for the consular and diplomatic expenses
of the Government for the year ending June 30, 1871, and for other
purposes," I have the honor to transmit herewith the report of D.B.R.
Keim, agent to examine consular affairs.
U.S. GRANT.
EXECUTIVE MANSION, _May 28, 1872_.
_To the House of Representatives:_
In further answer to the resolution of the 14th instant of the House of
Representatives, wherein information in regard to commerce between the
United States and certain British colonial possessions is requested, I
transmit a report from the Postmaster-General and the document by which
it was accompanied.
U.S. GRANT.
WASHINGTON, _May 28, 1872_.
_To the House of Representatives:_
In answer to the resolution of the House of Representatives of the 7th
instant, requesting copies of correspondence in regard to an extradition
treaty with Belgium, I transmit a report from the Secretary of State and
the documents by which it was accompanied.
U.S. GRANT.
EXECUTIVE MANSION, _May 31, 1872_.
_To the Senate and House of Representatives:_
I have the honor to respectfully call the attention of Congress to an
act approved July 14, 1870, directing the Secretary of War to place at
the disposal of the President certain bronze ordnance, to aid in the
erection of an equestrian statue of the late General John A. Rawlins,
and to the facts that no appropriation of money to pay for the statue
is made by the resolution and no artist is named or party designated to
whom the ordnance is to be delivered. In view of the ambiguity of the
statute, I would recommend that Congress signify what action is desired
as to the selection of the artist, and that the necessary sum required
for the erection of the monument be appropriated. A board of officers
should also be named to designate the location of the monument.
U.S. GRANT.
VETO MESSAGES.
EXECUTIVE MANSION, _March 28, 1872_.
_To the House of Representatives:_
I herewith return, for the further consideration of Congress, without
my approval, House bill No. 1550, "An act for the relief of the estate
of Dr. John F. Hanks," for the reason that the records of the Treasury
Department show that the current moneys taken by Colonel S.B. Holabird
from the Louisiana State Bank of New Orleans in the month of August,
1862, were accounted for by that officer to the Treasury Department,
and the names of the depositors given, and that the name of Dr. John
F. Hanks does not appear among them.
It also appears from the records of the Treasury Department that among
the effects taken from the Louisiana State Bank of New Orleans was the
sum of $1,729 of Confederate money, and that the said sum stood upon
the books of said bank to the credit of J.F. Hanks. It is but justice,
however, to the executors of the estate of Dr. Hanks to state that there
is every reason to believe that the money deposited by Dr. Hanks in the
Louisiana State Bank was in current funds, and that when application was
made to Congress for the recovery of the same they believed, and had
evidence to satisfy them, that such funds had found their way into the
Treasury of the United States. There has unquestionably been a mistake
made, either by the officers of the Louisiana State Bank or the persons
engaged in removing the funds of that bank, by which the estate of Dr.
Hanks is loser to the amount of relief afforded by House bill No. 1550.
Accompanying this I send the statement furnished by the Secretary of the
Treasury of the funds covered into his Department, and accounted for
through it, arising from the seizure of funds of the Louisiana State
Bank of New Orleans in the month of August, 1862.
U.S. GRANT.
EXECUTIVE MANSION, _April 1, 1872_.
_To the House of Representatives:_
I return herewith, for the further consideration of Congress, House
bill No. 1867, "An act for the relief of James T. Johnston," without my
approval, for the reason that the records of the Treasury Department
show that the lot sold in the name of J.T. Johnston, situate on Prince
street, Alexandria, Va., for taxes due the United States, is numbered
162, instead of 163, as represented in this bill. With the exception of
this discrepancy in the number of the lot there is no reason why the
bill should not receive my approval.
U.S. GRANT.
WASHINGTON, _April 10, 1872_.
_To the House of Representatives:_
I have received and taken into consideration the bill entitled "An act
for the relief of the children of John M. Baker, deceased," and,
pursuant to the duty required of me by the Constitution, I return the
same with my objections to the House of Representatives, in which it
originated.
The bill proposes to pay a sum of money to the children of John M.
Baker, deceased, late United States consul at Rio Janeiro, for services
of that person as acting chargé d'affaires of the United States
in the year 1834. So far as it can be ascertained it is apprehended
that the bill may have received the sanction of Congress through some
inadvertence, for upon inquiry at the proper Department it appears that
Mr. Baker never did act as chargé d'affaires of the United States at Rio
Janeiro, and that he was not authorized so to act, but, on the contrary,
was expressly forbidden to enter into diplomatic correspondence with the
Government of Brazil.
The letter of the 8th of February, 1854, a copy of which is annexed,
addressed by William L. Marcy, then Secretary of State, to James M.
Mason, chairman of the Committee on Foreign Relations of the Senate,
specifies objections to the claim, which it is believed have not since
diminished, and in which I fully concur.
U.S. GRANT.
EXECUTIVE MANSION, _April 15, 1872_.
_To the Senate of the United States:_
I return without my approval an act entitled "An act granting a pension
to Abigail Ryan, widow of Thomas A. Ryan." The name of Mrs. Ryan is now
borne upon the pension rolls, pursuant to an act of Congress entitled
"An act for the relief of Mrs. Abigail Ryan," approved June 15, 1866
(14 U.S. Statutes at Large, p. 590).
U.S. GRANT.
EXECUTIVE MANSION, _April 22, 1872_.
_To the House of Representatives:_
I return herewith House resolution No. 622, entitled "An act granting
a pension to Richard B. Crawford," without my approval, for the reason
that said Crawford is now drawing a pension as a private soldier, the
wound on account of which he was pensioned having been received before
his promotion to a lieutenancy.
U.S. GRANT.
EXECUTIVE MANSION, _May 14, 1872_.
_To the Senate of the United States:_
I have the honor to return herewith the bill (S. 955) entitled
"An act granting a pension to Mary Ann Montgomery, widow of William
W. Montgomery, late captain in Texas Volunteers," without my approval,
inasmuch as the concluding phrase, "and in respect to her minor children
under 16 years of age," has obviously no meaning whatsoever. If it were
the intention of the framer of the bill that the pension thereby granted
should revert to said minor children upon the remarriage or death of the
widow, the phrase referred to should read as follows: "And in the event
of her remarriage or death, to her minor children under 16 years of
age." I therefore return the bill for proper action.
U.S. GRANT.
WASHINGTON, _June 1, 1872_.
_To the Senate of the United States:_
I have examined the bill entitled "An act for the relief of J. Milton
Best," and, being unable to give it my approval, return the same to the
Senate, the House in which it originated, without my signature.
The bill appropriates the sum of $25,000 to compensate Dr. J. Milton
Best for the destruction of his dwelling house and its contents by order
of the commanding officer of the United States military forces at
Paducah, Ky., on the 26th day of March, 1864. It appears that this house
was one of a considerable number destroyed for the purpose of giving
open range to the guns of a United States fort. On the day preceding
the destruction the houses had been used as a cover for rebel troops
attacking the fort, and, apprehending a renewal of the attack, the
commanding officer caused the destruction of the houses. This, then, is
a claim for compensation on account of the ravages of war. It can not be
denied that the payment of this claim would invite the presentation of
demands for very large sums of money; and such is the supposed magnitude
of the claims that may be made against the Government for necessary and
unavoidable destruction of property by the Army that I deem it proper to
return this bill for reconsideration.
It is a general principle of both international and municipal law that
all property is held subject not only to be taken by the Government for
public uses, in which case, under the Constitution of the United States,
the owner is entitled to just compensation, but also subject to be
temporarily occupied, or even actually destroyed, in times of great
public danger, and when the public safety demands it; and in this latter
case governments do not admit a legal obligation on their part to
compensate the owner. The temporary occupation of, injuries to, and
destruction of property caused by actual and necessary military
operations are generally considered to fall within the last-mentioned
principle. If a government makes compensation under such circumstances,
it is a matter of bounty rather than of strict legal right.
If it be deemed proper to make compensation for such losses, I suggest
for the consideration of Congress whether it would not be better, by
general legislation, to provide some means for the ascertainment of the
damage in all similar cases, and thus save to claimants the expense,
inconvenience, and delay of attendance upon Congress, and at the same
time save the Government from the danger of having imposed upon it
fictitious or exaggerated claims supported wholly by _ex parte_ proof.
If the claimant in this case ought to be paid, so ought all others
similarly situated; and that there are many such can not be doubted.
Besides, there are strong reasons for believing that the amount of
damage in this case has been greatly overestimated. If this be true,
it furnishes an illustration of the danger of trusting entirely to
_ex parte_ testimony in such matters.
U.S. GRANT.
EXECUTIVE MANSION, _June 7, 1872_.
_To the Senate of the United States:_
I have the honor to return herewith Senate bill No. 569, an act entitled
"An act for the relief of Thomas B. Wallace, of Lexington, in the State
of Missouri," without my approval.
This claim, for which $11,250 are appropriated by this bill, is of the
same nature and character as the claim of Dr. J. Milton Best, which was
returned to the Senate on the 1st instant without my signature.
The same reasons which prompted the return of that bill for
reconsideration apply in this case, which also is a claim for
compensation on account of the ravages of war, and comes under the same
general principle of both international and municipal law, that all
property is held subject not only to be taken by the Government for
public uses, in which case, under the Constitution of the United States,
the owner is entitled to just compensation, but also subject to be
temporarily occupied, or even actually destroyed, in times of great
public danger, and when the public safety demands it; and in the latter
case governments do not admit a legal obligation on their part to
compensate the owner.
The temporary occupation of, injuries to, and destruction of property
caused by actual and necessary military operations are generally
considered to fall within the last-mentioned principle, and if a
government makes compensation under such circumstances it is a matter of
bounty rather than of strict legal right. If it be deemed proper to make
compensation for such losses, I renew my recommendation that provision
be made by general legislation for all similar cases.
U.S. GRANT.
PROCLAMATIONS.
BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
A PROCLAMATION.
Whereas satisfactory information has been received by me, through Don
Mauricio Lopez Roberts, envoy extraordinary and minister plenipotentiary
of His Majesty the King of Spain, that the Government of that country
has abolished discriminating duties heretofore imposed on merchandise
imported from all other countries, excepting the islands of Cuba and
Porto Rico, into Spain and the adjacent islands in vessels of the United
States, said abolition to take effect from and after the 1st day of
January next:
Now, therefore, I, Ulysses S. Grant, President of the United States of
America, by virtue of the authority vested in me by an act of Congress
of the 7th day of January, 1824, and by an act in addition thereto of
the 24th day of May, 1828, do hereby declare and proclaim that on and
after the said 1st day of January next, so long as merchandise imported
from any other country, excepting the islands of Cuba and Porto Rico,
into the ports of Spain and the islands adjacent thereto in vessels
belonging to citizens of the United States shall be exempt from
discriminating duties, any such duties on merchandise imported into the
United States in Spanish vessels, excepting from the islands of Cuba and
Porto Rico, shall be discontinued and abolished.
In testimony whereof I have hereunto set my hand and caused the seal of
the United States to be affixed.
[SEAL.]
Done at the city of Washington, this 19th day of December, A.D. 1871,
and of the Independence of the United States of America the
ninety-sixth.
U.S. GRANT.
By the President:
HAMILTON FISH,
_Secretary of State_.
BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
A PROCLAMATION.
Whereas, pursuant to the first section of the act of Congress approved
the 11th day of June, 1864, entitled "An act to provide for the
execution of treaties between the United States and foreign nations
respecting consular jurisdiction over the crews of vessels of such
foreign nations in the waters and ports of the United States," it is
provided that before that act shall take effect as to the ships and
vessels of any particular nation having such treaty with the United
States the President of the United States shall have been satisfied that
similar provisions have been made for the execution of such treaty by
the other contracting party and shall have issued his proclamation to
that effect, declaring that act to be in force as to such nation; and
Whereas due inquiry having been made and a satisfactory answer having
been received that similar provisions are in force in the United
Kingdoms of Sweden and Norway:
Now, therefore, be it known that I, Ulysses S. Grant, President of the
United States of America, do hereby proclaim the same accordingly.
[SEAL.]
Done at the city of Washington, this 11th day of May, A.D. 1872, and of
the Independence of the United States of America the ninety-sixth.
U.S. GRANT.
By the President:
HAMILTON FISH,
_Secretary of State_.
BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
A PROCLAMATION.
Whereas the act of Congress approved June 25, 1868, constituted, on and
after that date, eight hours a day's work for all laborers, workmen, and
mechanics employed by or on behalf of the Government of the United
States; and
Whereas on the 19th day of May, A.D. 1869, by Executive proclamation it
was directed that from and after that date no reduction should be made
in the wages paid by the Government by the day to such laborers,
workmen, and mechanics on account of such reduction of the hours of
labor; and
Whereas it is now represented to me that the act of Congress and the
proclamation aforesaid have not been strictly observed by all officers
of the Government having charge of such laborers, workmen, and
mechanics:
Now, therefore, I, Ulysses S. Grant, President of the United States, do
hereby again call attention to the act of Congress aforesaid, and direct
all officers of the executive department of the Government having charge
of the employment and payment of laborers, workmen, or mechanics
employed by or on behalf of the Government of the United States to make
no reduction in the wages paid by the Government by the day to such
laborers, workmen, and mechanics on account of the reduction of the
hours of labor.
In testimony whereof I have hereunto set my hand and caused the seal of
the United States to be affixed.
[SEAL.]
Done at the city of Washington, this 11th day of May, A.D. 1872, and of
the Independence of the United States the ninety-sixth.
U.S. GRANT.
By the President:
HAMILTON FISH,
_Secretary of State_.
BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
A PROCLAMATION.
Whereas the act of Congress approved May 22, 1872, removes all political
disabilities imposed by the third section of the fourteenth article of
amendments to the Constitution of the United States from all persons
whomsoever except Senators and Representatives of the Thirty-sixth and
Thirty-seventh Congresses and officers in the judicial, military, and
naval service of the United States, heads of Departments, and foreign
ministers of the United States; and
Whereas it is represented to me that there are now pending in the
several circuit and district courts of the United States proceedings
by _quo warranto_ under the fourteenth section of the act of Congress
approved May 31, 1870, to remove from office certain persons who are
alleged to hold said offices in violation of the provisions of said
article of amendment to the Constitution of the United States, and also
penal prosecutions against such persons under the fifteenth section of
the act of Congress aforesaid:
Now, therefore, I, Ulysses S. Grant, President of the United States, do
hereby direct all district attorneys having charge of such proceedings
and prosecutions to dismiss and discontinue the same, except as to
persons who may be embraced in the exceptions named in the act of
Congress first above cited.
In testimony whereof I have hereunto set my hand and caused the seal of
the United States to be affixed.
[SEAL.]
Done at the city of Washington, this 1st day of June, A.D. 1872, and of
the Independence of the United States of America the ninety-sixth.
U.S. GRANT.
By the President:
HAMILTON FISH,
_Secretary of State_.
BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
A PROCLAMATION.
Whereas satisfactory information has been received by me from His
Majesty the Emperor of Japan, through an official communication of
Mr. Arinori Mori, His Majesty's chargé d'affaires, under date of the
2d instant, that no other or higher duties of tonnage or impost are
imposed or levied in the ports of the Empire of Japan upon vessels
wholly belonging to citizens of the United States or upon the produce,
manufactures, or merchandise imported in the same from the United States
or from any foreign country than are levied on Japanese ships and their
cargoes in the same ports under like circumstances:
Now, therefore, I, Ulysses S. Grant, President of the United States of
America, by virtue of the authority vested in me by an act of Congress
of the 24th day of May, 1828, do hereby declare and proclaim that from
and after the said 2d instant, so long as vessels of the United States
and their cargoes shall be exempt from discriminating duties as
aforesaid, any such duties on Japanese vessels entering the ports of the
United States, or on the produce, manufactures, or merchandise imported
in such vessels, shall be discontinued and abolished.
In testimony whereof I have hereunto set my hand and caused the seal of
the United States to be affixed.
[SEAL.]
Done at the city of Washington, the 4th day of September, A.D. 1872, and
of the Independence of the United States the ninety-seventh.
U.S. GRANT.
By the President:
CHARLES HALE,
_Acting Secretary of State_.
BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
A PROCLAMATION.
Whereas the revolution of another year has again brought the time when
it is usual to look back upon the past and publicly to thank the
Almighty for His mercies and His blessings; and
Whereas if any one people has more occasion than another for such
thankfulness it is the citizens of the United States, whose Government
is their creature, subject to their behests; who have reserved to
themselves ample civil and religious freedom and equality before the
law; who during the last twelvemonth have enjoyed exemption from any
grievous or general calamity, and to whom prosperity in agriculture,
manufactures, and commerce has been vouchsafed:
Now, therefore, by these considerations, I recommend that on Thursday,
the 28th day of November next, the people meet in their respective
places of worship and there make their acknowledgments to God for His
kindness and bounty.
In witness whereof I have hereunto set my hand and caused the seal of
the United States to be affixed.
[SEAL.]
Done at the city of Washington, this 11th day of October, A.D. 1872, and
of the Independence of the United States the ninety-seventh.
U.S. GRANT.
By the President:
HAMILTON FISH,
_Secretary of State_.
BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
A PROCLAMATION.
Whereas upon information received by me from His Majesty the Emperor
of the French that discriminating duties before the date of said
information levied in French ports upon merchandise imported from
the countries of its origin in vessels of the United States were
discontinued and abolished, and in pursuance of the provisions of an
act of Congress of the 7th of January, 1824, and of an act in addition
thereto of the 24th of May, 1828, I did, on the 12th day of June, 1869,
issue my proclamation[66] declaring that the discriminating duties before
that date levied upon merchandise imported from the countries of its
origin into ports of the United States in French vessels were thereby
discontinued and abolished; and
Whereas upon information subsequently received by me that the levying of
such duties on all merchandise imported into France in vessels of the
United States, whether from the country of its origin or from other
countries, had been discontinued, I did, on the 20th of November, 1869,
in pursuance of the provisions of the said acts of Congress and by the
authority in me vested thereby, issue my proclamation[67] declaring that
the discriminating duties before that date levied upon merchandise
imported into the United States in French vessels, either from the
countries of its origin or from any other country, were thereby
discontinued and abolished; and
Whereas by the provisions of the said acts of Congress of January 7,
1824, and of the 24th of May, 1828, as well as by the terms of the said
proclamations of the 12th of June, 1869, and of the 20th of November,
1869, the said suspension of discriminating duties upon merchandise
imported into the United States in French vessels was granted by the
United States on condition that, and to continue so long as, merchandise
imported into France in vessels of the United States should be admitted
into the ports of France on the same terms of exemption from the payment
of such discriminating duties; and
Whereas information has been received by me that by a law of the French
Republic passed on the 30th of January, 1872, and published on the 3d
of February, 1872, merchandise imported into France in vessels of the
United States from countries other than the United States is (with the
exception of certain articles enumerated in said law) subjected to
discriminating duties; and
Whereas by the operation of said law of the French Republic of the
30th of January, 1872, the exemption of French vessels and their cargoes
granted by the terms of the said proclamations of the 12th of June,
1869, and of the 20th of November, 1869, in accordance with the
provisions of the acts of Congress aforesaid, has ceased to be
reciprocal on the part of France toward vessels owned by citizens of the
United States and their cargoes:
Now, therefore, I, Ulysses S. Grant, President of the United States of
America, by virtue of the authority vested in me by an act of Congress
of the 7th day of January, 1824, and by an act in addition thereto of
the 24th day of May, 1828, do hereby declare and proclaim that on and
after this date the said suspension of the collection of discriminating
duties upon merchandise imported into the United States in French
vessels from countries other than France, provided for by my said
proclamations of the 12th day of June, 1869, and the 20th day of
November, 1869, shall cease and determine, and all the provisions of the
acts imposing discriminating foreign tonnage and import duties in the
United States are hereby revived, and shall henceforth be and remain in
full force as relates to goods and merchandise imported into the United
States in French vessels from countries other than France, so long as
any discriminating duties shall continue to be imposed by France upon
goods and merchandise imported into France in vessels of the United
States from countries other than the United States.
In testimony whereof I have hereunto set my hand and caused the seal of
the United States to be affixed.
[SEAL.]
Done at the city of Washington, this 30th day of October, A.D. 1872, and
of the Independence of the United States the ninety-seventh.
U.S. GRANT.
By the President:
HAMILTON FISH,
_Secretary of State_.
[Footnote 66: See pp. 15-16.]
[Footnote 67: See p. 19.]
EXECUTIVE ORDERS
WASHINGTON, _April 16, 1872_.
The Advisory Board of the civil service, having completed the grouping
contemplated by the rules already adopted, have recommended certain
provisions for carrying the rules into effect.
The recommendations as herewith published are approved, and the
provisions will be enforced as rapidly as the proper arrangements can
be made; and the thirteenth of the rules adopted on the 19th day of
December last is amended to read as published herewith.
The utmost fidelity and diligence will be expected of all officers in
every branch of the public service. Political assessments, as they are
called, have been forbidden within the various Departments; and while
the right of all persons in official position to take part in politics
is acknowledged, and the elective franchise is recognized as a high
trust to be discharged by all entitled to its exercise, whether in the
employment of the Government or in private life, honesty and efficiency,
not political activity, will determine the tenure of office.
U.S. GRANT.
By the President:
HAMILTON FISH,
_Secretary of State_.
[For rules for the civil service promulgated by the President December
19, 1871, see pp. 157-159.]
[Rule 13, as amended.]
13. From these rules are excepted the heads of Departments, Assistant
Secretaries of Departments, Assistant Attorneys-General, Assistant
Postmasters-General, Solicitor-General, Solicitor of the Treasury,
Naval Solicitor, Solicitor of Internal Revenue, examiner of claims in
the State Department, Treasurer of the United States, Register of the
Treasury, First and Second Comptrollers of the Treasury, other heads of
bureaus in the several Departments, judges of the United States courts,
district attorneys, private secretary of the President, ambassadors and
other public ministers, Superintendent of the Coast Survey, Director
of the Mint, governors of Territories, special commissioners, special
counsel, visiting and examining boards, persons appointed to positions
without compensation for services, dispatch agents, and bearers of
dispatches.
REGULATIONS AND CLASSIFICATION.
1. No person will be appointed to any position in the civil service who
shall not have furnished satisfactory evidence of his fidelity to the
Union and the Constitution of the United States.
2. The evidence in regard to character, health, age, and knowledge of
the English language required by the first rule shall be furnished in
writing, and if such evidence shall be satisfactory to the head of
the Department in which the appointment is to be made the applicant
shall be notified when and where to appear for examination; but when
the applicants are so numerous that the examination of all whose
preliminary papers are satisfactory is plainly impracticable, the head
of the Department shall select for examination a practicable number of
those who are apparently best qualified.
3. Examinations to fill vacancies in any of the Executive Departments
in Washington shall be held not only at the city of Washington, but
also, when directed by the head of the Department in which the vacancy
may exist, in the several States, either at the capital or other
convenient place.
4. The appointment of persons to be employed exclusively in the
secret service of the Government, also of persons to be employed as
translators, stenographers, or private secretaries, or to be designated
for secret service, to fill vacancies in clerkships in either of the
Executive Departments at Washington, may be excepted from the operation
of the rules.
5. When a vacancy occurs in a consular office of which the lawful
annual compensation is $3,000 or more, it will be filled, at the
discretion of the President, either by the transfer of some person
already in the service or by a new appointment, which may be excepted
from the operation of the rules. But if the vacancy occur in an
office of which the lawful annual compensation, by salary or by fees
ascertained by the last official returns, is more than $1,000 and less
than $3,000, and it is not filled by transfer, applications will be
addressed to the Secretary of State, inclosing proper certificates of
character, responsibility, and capacity, and the Secretary will notify
the applicant who upon investigation appears to be most suitable and
competent to attend for examination; and if he shall be found qualified
he will be nominated for confirmation, but if not found qualified, or
if his nomination be not confirmed by the Senate, the Secretary will
proceed in like manner with the other applicants who appear to him to
be qualified. If, however, no applicants under this regulation shall be
found suitable and qualified, the vacancy will be filled at discretion.
The appointment of commercial agents and of consuls whose annual
compensation is $1,000 or less (if derived from fees, the amount to be
ascertained by the last official returns), of vice-consuls, deputy
consuls, and of consular agents and other officers who are appointed
upon the nomination of the principal officer, and for whom he is
responsible upon his official bond, may be, until otherwise ordered,
excepted from the operation of the rules.
6. When a vacancy occurs in the office of collector of the customs,
naval officer, appraiser, or surveyor of the customs in the customs
districts of New York, Boston and Charlestown, Baltimore, San
Francisco, New Orleans, Philadelphia, Vermont (Burlington), Oswego,
Niagara, Buffalo Creek, Champlain, Portland and Falmouth, Corpus
Christi, Oswegatchie, Mobile, Brazos de Santiago (Brownsville), Texas
(Galveston, etc.), Savannah, Charleston, Chicago, or Detroit, the
Secretary of the Treasury shall ascertain if any of the subordinates in
the customs districts in which such vacancy occurs are suitable persons
qualified to discharge efficiently the duties of the office to be
filled; and if such persons be found he shall certify to the President
the name or names of those subordinates, not exceeding three, who in
his judgment are best qualified for the position, from which the
President will make the nomination to fill the vacancy; but if no such
subordinate be found qualified, or if the nomination be not confirmed,
the nomination will be made at the discretion of the President.
Vacancies occurring in such positions in the customs service in the
said districts as are included in the subjoined classification will
be filled in accordance with the rules. Appointments to all other
positions in the customs service in said districts may be, until
otherwise ordered, excepted from the operation of the rules.
7. When a vacancy occurs in the office of collector, appraiser,
surveyor, or other chief officer in any customs district not specified
in the preceding regulation, applications in writing from any
subordinate or subordinates in the customs service of the district,
or from other person or persons residing within the said district,
may be addressed to the Secretary of the Treasury, inclosing proper
certificates of character, responsibility, and capacity; and if any
of the subordinates so applying shall be found suitable and qualified,
the name or names, not exceeding three, of the best qualified shall
be certified by the board of examiners to the Secretary, and from
this list the nomination or appointment will be made; but if no such
subordinate be found qualified, the said board shall certify to the
Secretary the name or names, not exceeding three, of the best qualified
among the other applicants, and from this list the nomination or
appointment will be made. If, however, no applicants under this
regulation shall be found suitable and qualified, the vacancy will
be filled at discretion. Appointments to all other positions in the
customs service in said districts may be, until otherwise ordered,
excepted from the operation of the rules.
8. When a vacancy occurs in the office of postmaster in cities having,
according to the census of 1870, a population of 20,000 or more, the
Postmaster-General shall ascertain if any of the subordinates in such
office are suitable persons qualified to discharge efficiently the
duties of postmaster, and if such are found he shall certify to the
President the name or names of those subordinates, not exceeding three
in number, who in his judgment are best qualified for the position,
from which list the President will make the nomination to fill the
vacancy; but if no such subordinate be found so qualified, or if the
nomination be not confirmed by the Senate, the nomination will be
made at the discretion of the President. Vacancies occurring in such
positions in the said post-office as are included in the subjoined
classification will be filled in accordance with the rules.
Appointments to all other positions in the said post-offices may be,
until otherwise ordered, excepted from the operation of the rules.
9. When a vacancy occurs in the office of postmaster of a class
not otherwise provided for, applications for the position from any
subordinate or subordinates in the office, or from other persons
residing within the delivery of the office, may be addressed to the
Postmaster-General, inclosing proper certificates of character,
responsibility, and capacity; and if any of the subordinates so
applying shall be found suitable and qualified, the name or names of
the best qualified, not exceeding three, shall be certified by the
board of examiners to the Postmaster-General, and from them the
nomination or appointment shall be made; but if no subordinate be
found qualified, the said board shall certify to the Postmaster-General
the name or names, not exceeding three, of the best qualified among the
other applicants, and from them the nomination or appointment shall be
made. If, however, no applicants under this regulation shall be found
suitable and qualified, the vacancy will be filled at discretion.
Appointments to all other positions in the said post-offices may be,
until otherwise ordered, excepted from the operation of the rules.
10. Special agents of the Post-Office Department shall be appointed by
the Postmaster-General at discretion from persons already in the postal
service, and who shall have served therein for a period of not less
than one year immediately preceding the appointment; but if no person
within the service shall, in the judgment of the Postmaster-General,
be suitable and qualified, the appointment shall be made from all
applicants under the rules.
11. Mail-route messengers shall be appointed in the manner provided for
the appointment of postmasters whose annual salary is less than $200.
12. When a vacancy occurs in the office of register or receiver of
the land office, or of pension agent, applications in writing from
residents in the district in which the vacancy occurs may be addressed
to the Secretary of the Interior, inclosing proper certificates of
character, responsibility, and capacity; and if any of the applicants
shall be found suitable and qualified, the name or names, not exceeding
three, of the best qualified shall be certified by the board of
examiners to the Secretary, and from this list the nomination will be
made. If, however, no applicants under this regulation shall be found
suitable and qualified, the nomination will be made at discretion.
13. When a vacancy occurs in the office of United States marshal,
applications in writing from residents in the district in which the
vacancy occurs may be addressed to the Attorney-General of the United
States, inclosing proper certificates of character, responsibility,
and capacity; and if any of the applicants shall be found suitable
and qualified, the name or names, not exceeding three, of the best
qualified shall be certified by the board of examiners to the
Attorney-General, and from this list the nomination will be made.
If, however, no applicants under this regulation shall be found
suitable and qualified, the nomination will be made at discretion.
14. Appointments to fill vacancies occurring in offices in the several
Territories, excepting those of judges of the United States courts,
Indian agents, and superintendents, will be made from suitable and
qualified persons domiciled in the Territory in which the vacancy
occurs, if any such are found.
15. It shall be the duty of the examining board in each of the
Departments to report to the Advisory Board such modifications in the
rules and regulations as in the judgment of such examining board are
required for appointments to certain positions to which, by reason of
distance, or of difficult access, or of other sufficient cause, the
rules and regulations can not be applied with advantage; and if the
reason for such modifications shall be satisfactory to the Advisory
Board, said board will recommend them for approval.
16. Nothing in these rules and regulations shall prevent the
reappointment at discretion of the incumbents of any office the term of
which is fixed by law, and when such reappointment is made no vacancy
within the meaning of the rules shall be deemed to have occurred.
17. Appointments to all positions in the civil service not included in
the subjoined classification, nor otherwise specially provided for by
the rules and regulations, may, until otherwise ordered, be excepted
from the operation of the rules.
EXECUTIVE MANSION, _Washington, D.C., May 27, 1872_.
SIR:[68] The President directs me to say that the several Departments of
the Government will be closed on the 30th instant, in order to enable
the employees of the Government to participate, in connection with the
Grand Army of the Republic, in the decoration of the graves of the
soldiers who fell during the rebellion.
I am, sir, your obedient servant,
HORACE PORTER, _Secretary_.
[Footnote 68: Addressed to the heads of the Executive Departments, etc.]
DEPARTMENT OF STATE, _Washington, October 11, 1872_.
The undersigned is charged by the President with the painful duty of
announcing to the people of the United States the death of an
illustrious citizen.
William Henry Seward, distinguished for faithful and eminent service
in varied public trusts during a long series of years, died at Auburn,
in the State of New York, yesterday, October 10. Charged with the
administration of the Department of State at a most critical period in
the history of the nation, Mr. Seward brought to the duties of that
office exalted patriotism, unwearied industry, and consummate ability.
A grateful nation will cherish his name, his fame, and his memory.
The several Executive Departments will cause appropriate honors to be
rendered to the memory of the deceased statesman at home and abroad.
HAMILTON FISH, _Secretary of State_.
FOURTH ANNUAL MESSAGE.
EXECUTIVE MANSION, _December 2, 1872_.
_To the Senate and House of Representatives_:
In transmitting to you this my fourth annual message it is with
thankfulness to the Giver of All Good that as a nation we have been
blessed for the past year with peace at home, peace abroad, and a
general prosperity vouchsafed to but few peoples.
With the exception of the recent devastating fire which swept from the
earth with a breath, as it were, millions of accumulated wealth in the
city of Boston, there has been no overshadowing calamity within the year
to record. It is gratifying to note how, like their fellow-citizens
of the city of Chicago under similar circumstances a year earlier,
the citizens of Boston are rallying under their misfortunes, and the
prospect that their energy and perseverance will overcome all obstacles
and show the same prosperity soon that they would had no disaster
befallen them. Otherwise we have been free from pestilence, war, and
calamities, which often overtake nations; and, as far as human judgment
can penetrate the future, no cause seems to exist to threaten our
present peace.
When Congress adjourned in June last, a question had been raised
by Great Britain, and was then pending, which for a time seriously
imperiled the settlement by friendly arbitration of the grave
differences between this Government and that of Her Britannic Majesty,
which by the treaty of Washington had been referred to the tribunal of
arbitration which had met at Geneva, in Switzerland.
The arbitrators, however, disposed of the question which had jeoparded
the whole of the treaty and threatened to involve the two nations
in most unhappy relations toward each other in a manner entirely
satisfactory to this Government and in accordance with the views and
the policy which it had maintained.
The tribunal, which had convened at Geneva in December, concluded its
laborious session on the 14th day of September last, on which day,
having availed itself of the discretionary power given to it by the
treaty to award a sum in gross, it made its decision, whereby it awarded
the sum of $15,500,000 in gold as the indemnity to be paid by Great
Britain to the United States for the satisfaction of all the claims
referred to its consideration.
This decision happily disposes of a long-standing difference between
the two Governments, and, in connection with another award, made by the
German Emperor under a reference to him by the same treaty, leaves these
two Governments without a shadow upon the friendly relations which it is
my sincere hope may forever remain equally unclouded.
The report of the agent of the United States appointed to attend the
Geneva tribunal, accompanied by the protocols of the proceedings of the
arbitrators, the arguments of the counsel of both Governments, the award
of the tribunal, and the opinions given by the several arbitrators, is
transmitted herewith.
I have caused to be communicated to the heads of the three friendly
powers who complied with the joint request made to them under the treaty
the thanks of this Government for the appointment of arbitrators made by
them respectively, and also my thanks to the eminent personages named by
them, and my appreciation of the dignity, patience, impartiality, and
great ability with which they discharged their arduous and high
functions.
Her Majesty's Government has communicated to me the appreciation by
Her Majesty of the ability and indefatigable industry displayed by Mr.
Adams, the arbitrator named on the part of this Government during the
protracted inquiries and discussions of the tribunal. I cordially unite
with Her Majesty in this appreciation.
It is due to the agent of the United States before the tribunal to
record my high appreciation of the marked ability, unwearied patience,
and the prudence and discretion with which he has conducted the very
responsible and delicate duties committed to him, as it is also due to
the learned and eminent counsel who attended the tribunal on the part of
this Government to express my sense of the talents and wisdom which they
brought to bear in the attainment of the result so happily reached.
It will be the province of Congress to provide for the distribution
among those who may be entitled to it of their respective shares of
the money to be paid. Although the sum awarded is not payable until
a year from the date of the award, it is deemed advisable that no time
be lost in making a proper examination of the several cases in which
indemnification may be due. I consequently recommend the creation of
a board of commissioners for the purpose.
By the thirty-fourth article of the treaty of Washington the respective
claims of the United States and of Great Britain in their construction
of the treaty of the 15th of June, 1846, defining the boundary line
between their respective territories, were submitted to the arbitration
and award of His Majesty the Emperor of Germany, to decide which of
those claims is most in accordance with the true interpretation of the
treaty of 1846.
His Majesty the Emperor of Germany, having been pleased to undertake the
arbitration, has the earnest thanks of this Government and of the people
of the United States for the labor, pains, and care which he has devoted
to the consideration of this long-pending difference. I have caused an
expression of my thanks to be communicated to His Majesty. Mr. Bancroft,
the representative of this Government at Berlin, conducted the case and
prepared the statement on the part of the United States with the ability
that his past services justified the public in expecting at his hands.
As a member of the Cabinet at the date of the treaty which has given
rise to the discussion between the two Governments, as the minister to
Great Britain when the construction now pronounced unfounded was first
advanced, and as the agent and representative of the Government to
present the case and to receive the award, he has been associated with
the question in all of its phases, and in every stage has manifested a
patriotic zeal and earnestness in maintenance of the claim of the United
States. He is entitled to much credit for the success which has attended
the submission.
After a patient investigation of the case and of the statements of each
party, His Majesty the Emperor, on the 21st day of October last, signed
his award in writing, decreeing that the claim of the Government of the
United States, that the boundary line between the territories of Her
Britannic Majesty and the United States should be drawn through the
Haro Channel, is most in accordance with the true interpretation of the
treaty concluded on the 15th of June, 1846, between the Governments of
Her Britannic Majesty and of the United States.
Copies of the "case" presented on behalf of each Government, and of
the "statement in reply" of each, and a translation of the award, are
transmitted herewith.
This award confirms the United States in their claim to the important
archipelago of islands lying between the continent and Vancouvers
Island, which for more than twenty-six years (ever since the
ratification of the treaty) Great Britain has contested, and leaves us,
for the first time in the history of the United States as a nation,
without a question of disputed boundary between our territory and the
possessions of Great Britain on this continent.
It is my grateful duty to acknowledge the prompt, spontaneous action of
Her Majesty's Government in giving effect to the award. In anticipation
of any request from this Government, and before the reception in the
United States of the award signed by the Emperor, Her Majesty had given
instructions for the removal of her troops which had been stationed
there and for the cessation of all exercise or claim of jurisdiction, so
as to leave the United States in the exclusive possession of the lately
disputed territory. I am gratified to be able to announce that the
orders for the removal of the troops have been executed, and that the
military joint occupation of San Juan has ceased. The islands are now in
the exclusive possession of the United States.
It now becomes necessary to complete the survey and determination of
that portion of the boundary line (through the Haro Channel) upon which
the commission which determined the remaining part of the line were
unable to agree. I recommend the appointment of a commission to act
jointly with one which may be named by Her Majesty for that purpose.
Experience of the difficulties attending the determination of our
admitted line of boundary, after the occupation of the territory and
its settlement by those owing allegiance to the respective Governments,
points to the importance of establishing, by natural objects or other
monuments, the actual line between the territory acquired by purchase
from Russia and the adjoining possessions of Her Britannic Majesty.
The region is now so sparsely occupied that no conflicting interests
of individuals or of jurisdiction are likely to interfere to the delay
or embarrassment of the actual location of the line. If deferred until
population shall enter and occupy the territory, some trivial contest of
neighbors may again array the two Governments in antagonism. I therefore
recommend the appointment of a commission, to act jointly with one that
may be appointed on the part of Great Britain, to determine the line
between our Territory of Alaska and the conterminous possessions of
Great Britain.
In my last annual message I recommended the legislation necessary on the
part of the United States to bring into operation the articles of the
treaty of Washington of May 8, 1871, relating to the fisheries and to
other matters touching the relations of the United States toward the
British North American possessions, to become operative so soon as the
proper legislation should be had on the part of Great Britain and its
possessions.
That legislation on the part of Great Britain and its possessions had
not then been had, and during the session of Congress a question was
raised which for the time raised a doubt whether any action by Congress
in the direction indicated would become important. This question has
since been disposed of, and I have received notice that the Imperial
Parliament and the legislatures of the provincial governments have
passed laws to carry the provisions of the treaty on the matters
referred to into operation. I therefore recommend your early adoption
of the legislation in the same direction necessary on the part of this
Government.
The joint commission for determining the boundary line between the
United States and the British possessions between the Lake of the Woods
and the Rocky Mountains has organized and entered upon its work. It is
desirable that the force be increased, in order that the completion of
the survey and determination of the line may be the sooner attained.
To this end I recommend that a sufficient appropriation be made.
With France, our earliest ally; Russia, the constant and steady friend
of the United States; Germany, with whose Government and people we have
so many causes of friendship and so many common sympathies, and the
other powers of Europe, our relations are maintained on the most
friendly terms.
Since my last annual message the exchange has been made of the
ratifications of a treaty with the Austro-Hungarian Empire relating
to naturalization; also of a treaty with the German Empire respecting
consuls and trade-marks; also of a treaty with Sweden and Norway
relating to naturalization; all of which treaties have been duly
proclaimed.
Congress at its last session having made an appropriation to defray
the expense of commissioners on the part of the United States to the
International Statistical Congress at St. Petersburg, the persons
appointed in that character proceeded to their destination and attended
the sessions of the congress. Their report shall in due season be laid
before you. This congress meets at intervals of about three years, and
has held its sessions in several of the countries of Europe. I submit
to your consideration the propriety of extending an invitation to the
congress to hold its next meeting in the United States. The Centennial
Celebration to be held in 1876 would afford an appropriate occasion for
such meeting.
Preparations are making for the international exposition to be held
during the next year in Vienna, on a scale of very great magnitude.
The tendency of these expositions is in the direction of advanced
civilization, and of the elevation of industry and of labor, and of the
increase of human happiness, as well as of greater intercourse and good
will between nations. As this exposition is to be the first which will
have been held in eastern Europe, it is believed that American inventors
and manufacturers will be ready to avail themselves of the opportunity
for the presentation of their productions if encouraged by proper aid
and protection.
At the last session of Congress authority was given for the appointment
of one or more agents to represent this Government at the exposition.
The authority thus given has been exercised, but, in the absence of any
appropriation, there is danger that the important benefits which the
occasion offers will in a large degree be lost to citizens of the United
States. I commend the subject strongly to your consideration, and
recommend that an adequate appropriation be made for the purpose.
To further aid American exhibitors at the Vienna Exposition, I would
recommend, in addition to an appropriation of money, that the Secretary
of the Navy be authorized to fit up two naval vessels to transport
between our Atlantic cities and Trieste, or the most convenient port to
Vienna, and back, their articles for exhibition.
Since your last session the President of the Mexican Republic,
distinguished by his high character and by his services to his country,
has died. His temporary successor has now been elected with great
unanimity by the people--a proof of confidence on their part in his
patriotism and wisdom which it is believed will be confirmed by the
results of his administration. It is particularly desirable that nothing
should be left undone by the Government of either Republic to strengthen
their relations as neighbors and friends.
It is much to be regretted that many lawless acts continue to disturb
the quiet of the settlements on the border between our territory and
that of Mexico, and that complaints of wrongs to American citizens in
various parts of the country are made. The revolutionary condition in
which the neighboring Republic has so long been involved has in some
degree contributed to this disturbance. It is to be hoped that with a
more settled rule of order through the Republic, which may be expected
from the present Government, the acts of which just complaint is made
will cease.
The proceedings of the commission under the convention with Mexico of
the 4th of July, 1868, on the subject of claims, have, unfortunately,
been checked by an obstacle, for the removal of which measures have been
taken by the two Governments which it is believed will prove successful.
The commissioners appointed, pursuant to the joint resolution of
Congress of the 7th of May last, to inquire into depredations on the
Texan frontier have diligently made investigations in that quarter.
Their report upon the subject will be communicated to you. Their
researches were necessarily incomplete, partly on account of the limited
appropriation made by Congress. Mexico, on the part of that Government,
has appointed a similar commission to investigate these outrages. It
is not announced officially, but the press of that country states that
the fullest investigation is desired, and that the cooperation of all
parties concerned is invited to secure that end. I therefore recommend
that a special appropriation be made at the earliest day practicable, to
enable the commissioners on the part of the United States to return to
their labors without delay.
It is with regret that I have again to announce a continuance of
the disturbed condition of the island of Cuba. No advance toward the
pacification of the discontented part of the population has been made.
While the insurrection has gained no advantages and exhibits no more of
the elements of power or of the prospects of ultimate success than were
exhibited a year ago, Spain, on the other hand, has not succeeded in
its repression, and the parties stand apparently in the same relative
attitude which they have occupied for a long time past.
This contest has lasted now for more than four years. Were its scene at
a distance from our neighborhood, we might be indifferent to its result,
although humanity could not be unmoved by many of its incidents wherever
they might occur. It is, however, at our door.
I can not doubt that the continued maintenance of slavery in Cuba
is among the strongest inducements to the continuance of this strife.
A terrible wrong is the natural cause of a terrible evil. The abolition
of slavery and the introduction of other reforms in the administration
of government in Cuba could not fail to advance the restoration of peace
and order. It is greatly to be hoped that the present liberal Government
of Spain will voluntarily adopt this view.
The law of emancipation, which was passed more than two years since, has
remained unexecuted in the absence of regulations for its enforcement.
It was but a feeble step toward emancipation, but it was the recognition
of right, and was hailed as such, and exhibited Spain in harmony with
sentiments of humanity and of justice and in sympathy with the other
powers of the Christian and civilized world.
Within the past few weeks the regulations for carrying out the law of
emancipation have been announced, giving evidence of the sincerity of
intention of the present Government to carry into effect the law of
1870. I have not failed to urge the consideration of the wisdom, the
policy, and the justice of a more effective system for the abolition
of the great evil which oppresses a race and continues a bloody and
destructive contest close to our border, as well as the expediency
and the justice of conceding reforms of which the propriety is not
questioned.
Deeply impressed with the conviction that the continuance of slavery
is one of the most active causes of the continuance of the unhappy
condition in Cuba, I regret to believe that citizens of the United
States, or those claiming to be such, are large holders in Cuba of what
is there claimed as property, but which is forbidden and denounced by
the laws of the United States. They are thus, in defiance of the spirit
of our own laws, contributing to the continuance of this distressing and
sickening contest. In my last annual message I referred to this subject,
and I again recommend such legislation as may be proper to denounce,
and, if not prevent, at least to discourage American citizens from
holding or dealing in slaves.
It is gratifying to announce that the ratifications of the convention
concluded under the auspices of this Government between Spain on the one
part and the allied Republics of the Pacific on the other, providing for
an armistice, have been exchanged. A copy of the instrument is herewith
submitted. It is hoped that this may be followed by a permanent peace
between the same parties.
The differences which at one time threatened the maintenance of peace
between Brazil and the Argentine Republic it is hoped are in the way of
satisfactory adjustment.
With these States, as with the Republics of Central and of South
America, we continue to maintain the most friendly relations.
It is with regret, however, I announce that the Government of
Venezuela has made no further payments on account of the awards under
the convention of the 25th of April, 1866. That Republic is understood
to be now almost, if not quite, tranquilized. It is hoped, therefore,
that it will lose no time in providing for the unpaid balance of its
debt to the United States, which, having originated in injuries to
our citizens by Venezuelan authorities, and having been acknowledged,
pursuant to a treaty, in the most solemn form known among nations,
would seem to deserve a preference over debts of a different origin and
contracted in a different manner. This subject is again recommended to
the attention of Congress for such action as may be deemed proper.
Our treaty relations with Japan remain unchanged. An imposing embassy
from that interesting and progressive nation visited this country during
the year that is passing, but, being unprovided with powers for the
signing of a convention in this country, no conclusion in that direction
was reached. It is hoped, however, that the interchange of opinions
which took place during their stay in this country has led to a mutual
appreciation of the interests which may be promoted when the revision of
the existing treaty shall be undertaken.
In this connection I renew my recommendation of one year ago, that--
To give importance to and to add to the efficiency of our diplomatic
relations with Japan and China, and to further aid in retaining the
good opinion of those peoples, and to secure to the United States its
share of the commerce destined to flow between those nations and the
balance of the commercial world, an appropriation be made to support at
least four American youths in each of those countries, to serve as a
part of the official family of our ministers there. Our representatives
would not even then be placed upon an equality with the representatives
of Great Britain and of some other powers. As now situated, our
representatives in Japan and China have to depend for interpreters and
translators upon natives of those countries, who know our language
imperfectly, or procure for the occasion the services of employees in
foreign business houses or the interpreters to other foreign ministers.
I renew the recommendation made on a previous occasion, of the transfer
to the Department of the Interior, to which they seem more appropriately
to belong, of all the powers and duties in relation to the Territories
with which the Department of State is now charged by law or by custom.
Congress from the beginning of the Government has wisely made provision
for the relief of distressed seamen in foreign countries. No similar
provision, however, has hitherto been made for the relief of citizens
in distress abroad other than seamen. It is understood to be customary
with other governments to authorize consuls to extend such relief
to their citizens or subjects in certain cases. A similar authority
and an appropriation to carry it into effect are recommended in the
case of citizens of the United States destitute or sick under such
circumstances. It is well known that such citizens resort to foreign
countries in great numbers. Though most of them are able to bear the
expenses incident to locomotion, there are some who, through accident or
otherwise, become penniless, and have no friends at home able to succor
them. Persons in this situation must either perish, cast themselves upon
the charity of foreigners, or be relieved at the private charge of our
own officers, who usually, even with the most benevolent dispositions,
have nothing to spare for such purposes.
Should the authority and appropriation asked for be granted, care will
be taken so to carry the beneficence of Congress into effect that it
shall not be unnecessarily or unworthily bestowed.
TREASURY.
The moneys received and covered into the Treasury during the fiscal year
ended June 30, 1872, were:
From customs $216,370,286.77
From sales of public lands 2,575,714.19
From internal revenue 130,642,177.72
From tax on national-bank circulation, etc. 6,523,396.39
From Pacific railway companies 749,861.87
From customs fines, etc. 1,136,442.34
From fees--consular, patent, land, etc. 2,284,095.92
From miscellaneous sources 4,412,254.71
______________
Total ordinary receipts 374,694,229.91
From premium on sales of coin 9,412,637.65
______________
Total net receipts 374,106,867.56
Balance in Treasury June 30, 1871 (including
$18,228.35 received from "unavailable") 109,935,705.59
______________
Total available cash 484,042,573.15
The net expenditures by warrants during the same period were:
For civil expenses $16,187,059.20
For foreign intercourse 1,859,369.14
For Indians 7,061,728.82
For pensions 28,533,402.76
For military establishment, including
fortifications, river and harbor improvements,
and arsenals 35,372,157.20
For naval establishment, including vessels and
machinery and improvements at navy-yards 21,249,809.99
For miscellaneous civil, including public
buildings, light-houses, and collecting
the revenue 42,958,329.08
For interest on the public debt 117,357,839.72
______________
Total, exclusive of principal and premium on
the public debt 270,559,695.91
For premium on bonds purchased $6,958,266.76
For redemption of the public debt 99,960,253.54
_____________ 106,918,520.30
______________
Total net disbursements 377,478,216.21
Balance in Treasury June 30, 1872 106,564,356.94
______________
Total 484,042,573.15
From the foregoing statement it appears that the net reduction of the
principal of the debt during the fiscal year ending June 30, 1872, was
$99,960,253.54.
The source of this reduction is as follows:
Net ordinary receipts during the year $364,694,229.91
Net ordinary expenditures, including interest
on the public debt 270,559,695.91
______________
Leaving surplus revenue 94,134,534.00
Add amount received from premium on sales of
gold, in excess of the premium paid on bonds
purchased 2,454,370.89
Add the amount of the reduction of the cash
balance at the close of the year, accompanied
with same at commencement of the year 3,371,348.65
______________
Total 99,960,253.54
This statement treats solely of the principal of the public debt.
By the monthly statement of the public debt, which adds together the
principal, interest due and unpaid, and interest accrued to date, not
due, and deducts the cash in the Treasury as ascertained on the day
of publication, the reduction was $100,544,491.28.
The source of this reduction is as follows:
Reduction in principal account $99,960,003.54
Reduction in unpaid-interest account 3,330,952.96
______________
103,290,956.50
Reduction in cash on hand 2,746,465.22
______________
100,544,491.28
On the basis of the last table the statements show a reduction of the
public debt from the 1st of March, 1869, to the present time as follows:
From March 1, 1869, to March 1, 1870 $87,134,782.84
From March 1, 1870, to March 1, 1871 117,619,630.25
From March 1, 1871, to March 1, 1872 94,895,348.94
From March 1, 1872, to November 1, 1872
(eight months) 64,047,237.84
Total 363,696,999.87
With the great reduction of taxation by the acts of Congress at its last
session, the expenditure of the Government in collecting the revenue
will be much reduced for the next fiscal year. It is very doubtful,
however, whether any further reduction of so vexatious a burden upon any
people will be practicable for the present. At all events, as a measure
of justice to the holders of the nation's certificates of indebtedness,
I would recommend that no more legislation be had on this subject,
unless it be to correct errors of omission or commission in the present
laws, until sufficient time has elapsed to prove that it can be done and
still leave sufficient revenue to meet current expenses of Government,
pay interest on the public debt, and provide for the sinking fund
established by law. The preservation of our national credit is of the
highest importance; next in importance to this comes a solemn duty to
provide a national currency of fixed, unvarying value as compared with
gold, and as soon as practicable, having due regard for the interests of
the debtor class and the vicissitudes of trade and commerce, convertible
into gold at par.
WAR DEPARTMENT.
The report of the Secretary of War shows the expenditures of
the War Department for the fiscal year ending June 30, 1871, to be
$35,799,991.82, and for the fiscal year ending June 30, 1872, to be
$35,372,157.20, showing a reduction in favor of the last fiscal year
of $427,834.62.
The estimates for military appropriations for the next fiscal year,
ending June 30, 1874, are $33,801,378.78.
The estimates of the Chief of Engineers are submitted separately for
fortifications, river and harbor improvements, and for public buildings
and grounds and the Washington Aqueduct.
The affairs of the Freedmen's Bureau have all been transferred to the
War Department, and regulations have been put into execution for the
speedy payment of bounty, pay, etc., due colored soldiers, properly
coming under that Bureau. All war accounts, for money and property,
prior to 1871 have been examined and transmitted to the Treasury for
final settlement.
During the fiscal year there has been paid for transportation on
railroads $1,300,000, of which $800,857 was over the Pacific railroads;
for transportation by water $626,373.52, and by stage $48,975.84; for
the purchase of transportation animals, wagons, hire of teamsters, etc.,
$924,650.64.
About $370,000 have been collected from Southern railroads during the
year, leaving about $4,000,000 still due.
The Quartermaster has examined and transmitted to the accounting
officers for settlement $367,172.72 of claims by loyal citizens for
quartermaster stores taken during the war.
Subsistence supplies to the amount of $89,048.12 have been issued to
Indians.
The annual average mean strength of the Army was 24,101 white and 2,494
colored soldiers. The total deaths for the year reported were 367 white
and 54 colored.
The distribution of the Medical and Surgical History of the War is yet
to be ordered by Congress.
There exists an absolute necessity for a medical corps of the full
number established by act of Congress of July 28, 1866, there being now
fifty-nine vacancies, and the number of successful candidates rarely
exceeds eight or ten in any one year.
The river and harbor improvements have been carried on with energy
and economy. Though many are only partially completed, the results
have saved to commerce many times the amount expended. The increase
of commerce, with greater depths of channels, greater security in
navigation, and the saving of time, adds millions to the wealth of
the country and increases the resources of the Government.
The bridge across the Mississippi River at Rock Island has been
completed, and the proper site has been determined upon for the bridge
at La Crosse.
The able and exhaustive report made by the commission appointed to
investigate the Sutro Tunnel has been transmitted to Congress.
The observations and reports of the Signal Office have been continued.
Stations have been maintained at each of the principal lake, seaport,
and river cities. Ten additional stations have been established in the
United States, and arrangements have been made for an exchange of
reports with Canada, and a similar exchange of observations is
contemplated with the West India Islands.
The favorable attention of Congress is invited to the following
recommendations of the Secretary of War:
A discontinuance of the appointment of extra lieutenants to serve as
adjutants and quartermasters; the adoption of a code providing specific
penalties for well-defined offenses, so that the inequality of sentences
adjudged by courts-martial may be adjusted; the consolidation of
accounts under which expenditures are made, as a measure of economy;
a reappropriation of the money for the construction of a depot at
San Antonio, the title to the site being now perfected; a special act
placing the cemetery at the City of Mexico on the same basis as other
national cemeteries; authority to purchase sites for military posts in
Texas; the appointment of commissary sergeants from noncommissioned
officers, as a measure for securing the better care and protection
of supplies; an appropriation for the publication of the catalogue
and tables of the anatomical section of the Army Medical Museum; a
reappropriation of the amount for the manufacture of breech-loading
arms, should the selection be so delayed by the board of officers as to
leave the former appropriation unexpended at the close of the fiscal
year; the sale of such arsenals east of the Mississippi as can be
spared, and the proceeds applied to the establishment of one large
arsenal of construction and repair upon the Atlantic Coast and the
purchase of a suitable site for a proving and experimental ground for
heavy ordnance; the abrogation of laws which deprive inventors in the
United States service from deriving any benefit from their inventions;
the repeal of the law prohibiting promotions in the staff corps; a
continuance of the work upon coast defenses; the repeal of the seventh
section of the act of July 13, 1866, taking from engineer soldiers the
per diem granted to other troops; a limitation of time for presentation
of old War claims for subsistence supplies under act of July 4, 1864;
and a modification in the mode of the selection of cadets for the
Military Academy, in order to enhance the usefulness of the Academy,
which is impaired by reason of the large amount of time necessarily
expended in giving new cadets a thorough knowledge of the more
elementary branches of learning, which they should acquire before
entering the Academy. Also an appropriation for philosophical apparatus
and an increase in the numbers and pay of the Military Academy band.
The attention of Congress will be called during its present session to
various enterprises for the more certain and cheaper transportation of
the constantly increasing surplus of Western and Southern products to
the Atlantic Seaboard. The subject is one that will force itself upon
the legislative branch of the Government sooner or later, and I suggest,
therefore, that immediate steps be taken to gain all available
information to insure equable and just legislation.
One route to connect the Mississippi Valley with the Atlantic, at
Charleston, S.C., and Savannah, Ga., by water, by the way of the Ohio
and Tennessee rivers, and canals and slack-water navigation to the
Savannah and Ocmulgee rivers, has been surveyed, and report made by an
accomplished engineer officer of the Army. Second and third new routes
will be proposed for the consideration of Congress, namely, by an
extension of the Kanawha and James River Canal to the Ohio, and by
extension of the Chesapeake and Ohio Canal.
I am not prepared to recommend Government aid to these or other
enterprises until it is clearly shown that they are not only of national
interest, but that when completed they will be of a value commensurate
with their cost.
That production increases more rapidly than the means of transportation
in our country has been demonstrated by past experience. That the
unprecedented growth in population and products of the whole country
will require additional facilities--and cheaper ones for the more bulky
articles of commerce to reach tide water and a market will be demanded
in the near future--is equally demonstrable. I would therefore suggest
either a committee or a commission to be authorized to consider this
whole question, and to report to Congress at some future day for its
better guidance in legislating on this important subject.
The railroads of the country have been rapidly extended during the last
few years to meet the growing demands of producers, and reflect much
credit upon the capitalists and managers engaged in their construction.
In addition to these, a project to facilitate commerce by the building
of a ship canal around Niagara Falls, on the United States side, which
has been agitated for many years, will no doubt be called to your
attention at this session.
Looking to the great future growth of the country and the increasing
demands of commerce, it might be well while on this subject not only
to have examined and reported upon the various practicable routes for
connecting the Mississippi with tide water on the Atlantic, but the
feasibility of an almost continuous landlocked navigation from Maine to
the Gulf of Mexico. Such a route along our coast would be of great value
at all times, and of inestimable value in case of a foreign war. Nature
has provided the greater part of this route, and the obstacles to
overcome are easily within the skill of the engineer.
I have not alluded to this subject with the view of having any further
expenditure of public money at this time than may be necessary to
procure and place all the necessary information before Congress in an
authentic form, to enable it hereafter, if deemed practicable and
worthy, to legislate on the subject without delay.
NAVY DEPARTMENT.
The report of the Secretary of the Navy herewith accompanying explains
fully the condition of that branch of the public service, its wants and
deficiencies, expenses incurred during the past year, and appropriations
for the same. It also gives a complete history of the services of the
Navy for the past year in addition to its regular service.
It is evident that unless early steps are taken to preserve our Navy in
a very few years the United States will be the weakest nation upon the
ocean, of all great powers. With an energetic, progressive, business
people like ours, penetrating and forming business relations with every
part of the known world, a navy strong enough to command the respect of
our flag abroad is necessary for the full protection of their rights.
I recommend careful consideration by Congress of the recommendations
made by the Secretary of the Navy.
POST-OFFICE DEPARTMENT.
The accompanying report of the Postmaster-General furnishes a full and
satisfactory exhibit of the operations of the Post-Office Department
during the year. The ordinary revenues of the Department for the
fiscal year ending June 30, 1872, amounted to $21,915,426.37, and the
expenditures to $26,658,192.31. Compared with the previous fiscal year
the increase of revenue was $1,878,330.95, or 9.37 per cent, and the
increase of expenditures $2,268,088.23, or 9.29 per cent. Adding to the
ordinary revenues the annual appropriation of $700,000 for free matter
and the amounts paid to the subsidized mail steamship lines from special
appropriations, the deficiency paid out of the General Treasury was
$3,317,765.94, an excess of $389,707.28 over the deficiency for the
year 1871.
Other interesting statistical information relating to our rapidly
extending postal service is furnished in this report. The total length
of railroad mail routes on the 30th of June, 1872, was 57,911 miles,
8,077 additional miles of such service having been put into operation
during the year. Eight new lines of railway post-offices have been
established, with an aggregate length of 2,909 miles. The number of
letters exchanged in the mails with foreign countries was 24,362,500, an
increase of 4,066,502, or 20 per cent, Over the number in 1871; and the
postage thereon amounted to $1,871,257.25. The total weight of the mails
exchanged with European countries exceeded 820 tons. The cost of the
United States transatlantic mail steamship service was $220,301.70.
The total cost of the United States ocean steamship service, including
the amounts paid to the subsidized lines of mail steamers, was
$1,027,020.97.
The following are the only steamship lines now receiving subsidies for
mail service under special acts of Congress: The Pacific Mail Steamship
Company receive $500,000 per annum for conveying a monthly mail between
San Francisco, Japan, and China, which will be increased to $1,000,000
per annum for a semimonthly mail on and after October 1, 1873; the
United States and Brazil Mail Steamship Company receive $150,000 per
annum for conveying a monthly mail between New York and Rio de Janeiro,
Brazil; and the California, Oregon and Mexican Steamship Company receive
$75,000 per annum for conveying a monthly mail between San Francisco and
Honolulu (Hawaiian Islands), making the total amount of mail steamship
subsidies at present $725,000 per annum.
Our postal communications with all parts of the civilized world have
been placed upon a most advantageous footing by the improved postal
conventions and arrangements recently concluded with the leading
commercial countries of Europe and America, and the gratifying statement
is made that with the conclusion of a satisfactory convention with
France, the details of which have been definitely agreed to by the head
of the French postal department, subject to the approval of the minister
of finance, little remains to be accomplished by treaty for some time to
come with respect either to reduction of rates or improved facilities of
postal intercourse.
Your favorable consideration is respectfully invited to the
recommendations made by the Postmaster-General for an increase of
service from monthly to semimonthly trips on the mail steamship route
to Brazil; for a subsidy in aid of the establishment of an American line
of mail steamers between San Francisco, New Zealand, and Australia; for
the establishment of post-office savings banks, and for the increase of
the salaries of the heads of bureaus. I have heretofore recommended the
abolition of the franking privilege, and see no reason now for changing
my views on that subject. It not having been favorably regarded by
Congress, however, I now suggest a modification of that privilege to
correct its glaring and costly abuses. I would recommend also the
appointment of a committee or commission to take into consideration the
best method (equitable to private corporations who have invested their
time and capital in the establishment of telegraph lines) of acquiring
the title to all telegraph lines now in operation, and of connecting
this service with the postal service of the nation. It is not probable
that this subject could receive the proper consideration during the
limits of a short session of Congress, but it may be initiated, so that
future action may be fair to the Government and to private parties
concerned.
There are but three lines of ocean steamers--namely, the Pacific
Mail Steamship Company, between San Francisco, China, and Japan, with
provision made for semimonthly service after October 1, 1873; the United
States and Brazil line, monthly; and the California, New Zealand, and
Australian line, monthly--plying between the United States and foreign
ports, and owned and operated under our flag. I earnestly recommend that
such liberal contracts for carrying the mails be authorized with these
lines as will insure their continuance.
If the expediency of extending the aid of Government to lines of
steamers which hitherto have not received it should be deemed worthy of
the consideration of Congress, political and commercial objects make it
advisable to bestow such aid on a line under our flag between Panama and
the western South American ports. By this means much trade now diverted
to other countries might be brought to us, to the mutual advantage of
this country and those lying in that quarter of the continent of
America.
The report of the Secretary of the Treasury will show an alarming
falling off in our carrying trade for the last ten or twelve years, and
even for the past year. I do not believe that public treasure can be
better expended in the interest of the whole people than in trying to
recover this trade. An expenditure of $5,000,000 per annum for the next
five years, if it would restore to us our proportion of the carrying
trade of the world, would be profitably expended.
The price of labor in Europe has so much enhanced within the last few
years that the cost of building and operating ocean steamers in the
United States is not so much greater than in Europe; and I believe the
time has arrived for Congress to take this subject into serious
consideration.
DEPARTMENT OF JUSTICE.
Detailed statements of the disbursements through the Department of
Justice will be furnished by the report of the Attorney-General, and
though these have been somewhat increased by the recent acts of Congress
"to enforce the rights of citizens of the United States to vote in the
several States of the Union," and "to enforce the provisions of the
fourteenth amendment to the Constitution of the United States," and the
amendments thereto, I can not question the necessity and salutary effect
of those enactments. Reckless and lawless men, I regret to say, have
associated themselves together in some localities to deprive other
citizens of those rights guaranteed to them by the Constitution of
the United States, and to that end have committed deeds of blood and
violence; but the prosecution and punishment of many of these persons
have tended greatly to the repression of such disorders. I do not doubt
that a great majority of the people in all parts of the country favor
the full enjoyment by all classes of persons of those rights to which
they are entitled under the Constitution and laws, and I invoke the
aid and influence of all good citizens to prevent organizations whose
objects are by unlawful means to interfere with those rights. I look
with confidence to the time, not far distant, when the obvious
advantages of good order and peace will induce an abandonment of all
combinations prohibited by the acts referred to, and when it will be
unnecessary to carry on prosecutions or inflict punishment to protect
citizens from the lawless doings of such combinations.
Applications have been made to me to pardon persons convicted of a
violation of said acts, upon the ground that clemency in such cases
would tend to tranquilize the public mind, and to test the virtue of
that policy I am disposed, as far as my sense of justice will permit,
to give to these applications a favorable consideration; but any
action thereon is not to be construed as indicating any change in
my determination to enforce with vigor such acts so long as the
conspiracies and combinations therein named disturb the peace of
the country.
It is much to be regretted, and is regretted by no one more than myself,
that a necessity has ever existed to execute the "enforcement act." No
one can desire more than I that the necessity of applying it may never
again be demanded.
INTERIOR DEPARTMENT.
The Secretary of the Interior reports satisfactory improvement and
progress in each of the several bureaus under the control of the
Interior Department. They are all in excellent condition. The work which
in some of them for some years has been in arrears has been brought down
to a recent date, and in all the current business is being promptly
dispatched.
INDIANS.
The policy which was adopted at the beginning of this Administration
with regard to the management of the Indians has been as successful
as its most ardent friends anticipated within so short a time. It has
reduced the expense of their management; decreased their forays upon
the white settlements; tended to give the largest opportunity for
the extension of the great railways through the public domain and the
pushing of settlements into more remote districts of the country, and at
the same time improved the condition of the Indians. The policy will be
maintained without any change excepting such as further experience may
show to be necessary to render it more efficient.
The subject of converting the so-called Indian Territory south of Kansas
into a home for the Indian, and erecting therein a Territorial form of
government, is one of great importance as a complement of the existing
Indian policy. The question of removal to that Territory has within the
past year been presented to many of the tribes resident upon other and
less desirable portions of the public domain, and has generally been
received by them with favor. As a preliminary step to the organization
of such a Territory, it will be necessary to confine the Indians now
resident therein to farms of proper size, which should be secured to
them in fee; the residue to be used for the settlement of other friendly
Indians. Efforts will be made in the immediate future to induce the
removal of as many peaceably disposed Indians to the Indian Territory as
can be settled properly without disturbing the harmony of those already
there. There is no other location now available where a people who are
endeavoring to acquire a knowledge of pastoral and agricultural pursuits
can be as well accommodated as upon the unoccupied lands in the Indian
Territory. A Territorial government should, however, protect the Indians
from the inroads of whites for a term of years, until they become
sufficiently advanced in the arts and civilization to guard their own
rights, and from the disposal of the lands held by them for the same
period.
LANDS.
During the last fiscal year there were disposed of out of the public
lands 11,864,975 acres, a quantity greater by 1,099,270 acres than was
disposed of the previous year. Of this amount 1,370,320 acres were
sold for cash, 389,460 acres located with military warrants, 4,671,332
acres taken for homesteads, 693,613 acres located with college scrip,
3,554,887 acres granted to railroads, 465,347 acres granted to wagon
roads, 714,255 acres given to States as swamp land, 5,760 acres located
by Indian scrip. The cash receipts from all sources in the Land Office
amounted to $3,218,100. During the same period 22,016,608 acres of
the public lands were surveyed, which, added to the quantity before
surveyed, amounts to 583,364,780 acres, leaving 1,257,633,628 acres
of the public lands still unsurveyed.
The reports from the subordinates of the Land Office contain interesting
information in regard to their respective districts. They uniformly
mention the fruitfulness of the soil during the past season and the
increased yields of all kinds of produce. Even in those States and
Territories where mining is the principal business agricultural products
have exceeded the local demand, and liberal shipments have been made to
distant points.
PATENTS.
During the year ending September 30, 1872, there were issued from the
Patent Office 13,626 patents, 233 extensions, and 556 certificates and
registries of trade-marks. During the same time 19,587 applications for
patents, including reissues and designs, have been received and 3,100
caveats filed. The fees received during the same period amounted to
$700,954.86, and the total expenditures to $623,553.90, making the net
receipts over the expenditures $77,400.96.
Since 1836 200,000 applications for patents have been filed and
about 133,000 patents issued. The office is being conducted under the
same laws and general organization as were adopted at its original
inauguration, when only from 100 to 500 applications were made per
annum. The Commissioner shows that the office has outgrown the original
plan, and that a new organization has become necessary. This subject was
presented to Congress in a special communication in February last, with
my approval and the approval of the Secretary of the Interior, and the
suggestions contained in said communication were embraced in the bill
that was reported to the House by the Committee on Patents at the last
session. The subject of the reorganization of the Patent Office, as
contemplated by the bill referred to, is one of such importance to the
industrial interests of the country that I commend it to the attention
of Congress.
The Commissioner also treats the subject of the separation of the
Patent Office from the Department of the Interior. This subject is also
embraced in the bill heretofore referred to. The Commissioner complains
of the want of room for the model gallery and for the working force and
necessary files of the office. It is impossible to transact the business
of the office properly without more room in which to arrange files and
drawings, that must be consulted hourly in the transaction of business.
The whole of the Patent Office building will soon be needed, if it is
not already, for the accommodation of the business of the Patent Office.
PENSIONS.
The amount paid for pensions in the last fiscal year was $30,169,340, an
amount larger by $3,708,434 than was paid during the preceding year. Of
this amount $2,313,409 were paid under the act of Congress of February
17, 1871, to survivors of the War of 1812. The annual increase of
pensions by the legislation of Congress has more than kept pace with the
natural yearly losses from the rolls. The act of Congress of June 8,
1872, has added an estimated amount of $750,000 per annum to the rolls,
without increasing the number of pensioners. We can not, therefore, look
for any substantial decrease in the expenditures of this Department for
some time to come, or so long as Congress continues to so change the
rates of pension.
The whole number of soldiers enlisted in the War of the Rebellion was
2,688,523. The total number of claims for invalid pensions is 176,000,
being but 6 per cent of the whole number of enlisted men. The total
number of claims on hand at the beginning of the year was 91,689; the
number received during the year was 26,574; the number disposed of was
39,178, making a net gain of 12,604. The number of claims now on file
is 79,085.
On the 30th of June, 1872, there were on the rolls the names of 95,405
invalid military pensioners, 113,518 widows, orphans, and dependent
relatives, making an aggregate of 208,923 army pensioners. At the same
time there were on the rolls the names of 1,449 navy pensioners and
1,730 widows, orphans, and dependent relatives, making the whole number
of naval pensioners 3,179. There have been received since the passage of
the act to provide pensions for the survivors of the War of 1812 36,551
applications, prior to June 30, 1872. Of these there were allowed during
the last fiscal year 20,126 claims; 4,845 were rejected during the year,
leaving 11,580 claims pending at that date. The number of pensions of
all classes granted during the last fiscal year was 33,838. During that
period there were dropped from the rolls, for various causes, 9,104
names, leaving a grand total of 232,229 pensioners on the rolls on the
30th of June, 1872.
It is thought that the claims for pensions on account of the War of 1812
will all be disposed of by the 1st of May, 1873. It is estimated that
$30,480,000 will be required for the pension service during the next
fiscal year.
THE CENSUS.
The Ninth Census is about completed. Its early completion is a subject
of congratulation, inasmuch as the use to be made of the statistics
therein contained depends very greatly on the promptitude of
publication.
The Secretary of the Interior recommends that a census be taken in 1875,
which recommendation should receive the early attention of Congress. The
interval at present established between the Federal census is so long
that the information obtained at the decennial period as to the material
condition, wants, and resources of the nation is of little practical
value after the expiration of the first half of that period. It would
probably obviate the constitutional provision regarding the decennial
census if a census taken in 1875 should be divested of all political
character and no reapportionment of Congressional representation be made
under it. Such a census, coming, as it would, in the last year of the
first century of our national existence, would furnish a noble monument
of the progress of the United States during that century.
EDUCATION.
The rapidly increasing interest in education is a most encouraging
feature in the current history of the country, and it is no doubt true
that this is due in a great measure to the efforts of the Bureau of
Education. That office is continually receiving evidences, which
abundantly prove its efficiency, from the various institutions of
learning and educators of all kinds throughout the country.
The report of the Commissioner contains a vast amount of educational
details of great interest. The bill now pending before Congress,
providing for the appropriation of the net proceeds of the sales of
public lands for educational purposes, to aid the States in the general
education of their rising generation, is a measure of such great
importance to our real progress and is so unanimously approved by the
leading friends of education that I commend it to the favorable
attention of Congress.
TERRITORIES.
Affairs in the Territories are generally satisfactory. The energy
and business capacity of the pioneers who are settling up the vast
domains not yet incorporated into States are keeping pace in internal
improvements and civil government with the older communities. In but one
of them (Utah) is the condition of affairs unsatisfactory, except so far
as the quiet of the citizen may be disturbed by real or imaginary danger
of Indian hostilities. It has seemed to be the policy of the legislature
of Utah to evade all responsibility to the Government of the United
States, and even to hold a position in hostility to it.
I recommend a careful revision of the present laws of the Territory by
Congress, and the enactment of such a law (the one proposed in Congress
at its last session, for instance, or something similar to it) as will
secure peace, the equality of all citizens before the law, and the
ultimate extinguishment of polygamy.
Since the establishment of a Territorial government for the District of
Columbia the improvement of the condition of the city of Washington and
surroundings and the increased prosperity of the citizens are observable
to the most casual visitor. The nation, being a large owner of property
in the city, should bear, with the citizens of the District, its just
share of the expense of these improvements.
I recommend, therefore, an appropriation to reimburse the citizens for
the work done by them along and in front of public grounds during the
past year, and liberal appropriations in order that the improvements and
embellishments of the public buildings and grounds may keep pace with
the improvements made by the Territorial authorities.
AGRICULTURE.
The report of the Commissioner of Agriculture gives a very full and
interesting account of the several divisions of that Department--the
horticultural, agricultural, statistical, entomological, and
chemical--and the benefits conferred by each upon the agricultural
interests of the country. The whole report is a complete history, in
detail, of the workings of that Department in all its branches, showing
the manner in which the farmer, merchant, and miner is informed, and
the extent to which he is aided in his pursuits.
The Commissioner makes one recommendation--that measures be taken by
Congress to protect and induce the planting of forests--and suggests
that no part of the public lands should be disposed of without the
condition that one-tenth of it should be reserved in timber where it
exists, and where it does not exist inducements should be offered for
planting it.
CENTENNIAL CELEBRATION.
In accordance with the terms of the act of Congress approved March 3,
1871, providing for the celebration of the one hundredth anniversary of
American independence, a commission has been organized, consisting of
two members from each of the States and Territories. This commission
has held two sessions, and has made satisfactory progress in the
organization and in the initiatory steps necessary for carrying out
the provisions of the act, and for executing also the provisions of
the act of June 1, 1872, creating a centennial board of finance.
A preliminary report of progress has been received from the president
of the commission, and is herewith transmitted. It will be the duty
of the commission at your coming session to transmit a full report of
the progress made, and to lay before you the details relating to the
exhibition of American and foreign arts, products, and manufactures,
which by the terms of the act is to be held under the auspices of the
Government of the United States in the city of Philadelphia in the
year 1876.
This celebration will be looked forward to by American citizens with
great interest, as marking a century of greater progress and prosperity
than is recorded in the history of any other nation, and as serving a
further good purpose in bringing together on our soil peoples of all
the commercial nations of the earth in a manner calculated to insure
international good feeling.
CIVIL SERVICE.
An earnest desire has been felt to correct abuses which have grown
up in the civil service of the country through the defective method
of making appointments to office. Heretofore Federal offices have been
regarded too much as the reward of political services. Under authority
of Congress rules have been established to regulate the tenure of office
and the mode of appointments. It can not be expected that any system
of rules can be entirely effective and prove a perfect remedy for the
existing evils until they have been thoroughly tested by actual practice
and amended according to the requirements of the service. During my
term of office it shall be my earnest endeavor to so apply the rules
as to secure the greatest possible reform in the civil service of the
Government, but it will require the direct action of Congress to render
the enforcement of the system binding upon my successors; and I hope
that the experience of the past year, together with appropriate
legislation by Congress, may reach a satisfactory solution of this
question and secure to the public service for all time a practical
method of obtaining faithful and efficient officers and employees.
U.S. GRANT.
SPECIAL MESSAGES.
WASHINGTON, _December 2, 1872_.
_To the Senate and House of Representatives:_
I transmit herewith a report, dated the 2d instant, received from the
Secretary of State, supplementary to the report submitted by him under
date of the 8th of November, 1871, with reference to the expenditures
authorized by the fourth and fifth paragraphs of the act of March 3,
1871, and by the act of May 18, 1872, making appropriations for the
increased expenses and compensation for extraordinary services of
certain diplomatic and consular officers of the United States by reason
of the late war between France and Prussia. These expenditures have been
made on my approval.
U.S. GRANT.
WASHINGTON, _December 3, 1872_.
_To the Senate and House of Representatives:_
I transmit herewith to Congress a report, dated the 2d instant, with
the accompanying papers,[69] received from the Secretary of State, in
compliance with the requirements of the eighteenth section of the act
entitled "An act to regulate the diplomatic and consular systems of
the United States," approved August 18, 1856.
U.S. GRANT.
[Footnote 69: Report of fees collected, etc., by consular officers of
the United States for 1871, and tariff of consular fees.]
WASHINGTON, _December 3, 1872_.
_To the Senate of the United States:_
I transmit to the Senate, for its consideration with a view to
ratification, a convention between the United States of America and the
United States of Mexico, signed in this city on the 27th ultimo, further
extending the time fixed by the convention between the same parties of
the 4th of July, 1868, for the duration of the joint commission on the
subject of claims.
U.S. GRANT.
WASHINGTON, _December 3, 1872_.
_To the Senate of the United States:_
I transmit to the Senate, for its consideration with a view to
ratification, a treaty between the United States of America and the
Republic of Ecuador, providing for the mutual surrender of fugitive
criminals, signed at Quito on the 28th of June last.
U.S. GRANT.
WASHINGTON, _December 3, 1872_.
_To the Senate of the United States:_
I transmit, for the consideration of the Senate with a view to
ratification, a convention between the United States and His Majesty
the King of Denmark, relating to naturalization.
U.S. GRANT.
WASHINGTON, _December 9, 1872_.
_To the Senate of the United States:_
In answer to the resolution of the Senate of the 5th instant, I transmit
herewith a report[70] from the Secretary of State.
U.S. GRANT.
[Footnote 70: Stating that the correspondence relative to the existence
of slavery on the coast of Africa and to the action taken by Great
Britain and other countries for its suppression was transmitted with the
annual message of the President on the 2d instant.]
EXECUTIVE MANSION, _December 12, 1872_.
_To the House of Representatives:_
In compliance with section 2 of the act making appropriations for the
consular and diplomatic expenses of the Government for the year ended
June 30, 1871, and for other purposes, I herewith transmit a report
received from the Secretary of the Treasury, giving the name of, the
report made by, and the amount paid to the single consular agent of
the United States.[71]
U.S. GRANT.
[Footnote 71: De B. Randolph Keim.]
WASHINGTON, _December 16, 1872_.
_To the Senate and House of Representatives:_
I transmit to Congress a report from the Secretary of State, accompanied
by that of the commissioners for inquiring into depredations upon the
frontier of the State of Texas, appointed pursuant to the joint
resolution of the 7th of May last.
U.S. GRANT.
WASHINGTON, _January 5, 1873_.
_To the Senate of the United States:_
I transmit, for the consideration of the Senate with a view to
ratification, a convention for the surrender of criminals between the
United States of America and the Republic of Honduras, which was signed
at Comayagua on the 4th day of June, 1873.
U.S. GRANT.
WASHINGTON, _January 13, 1873_.
_To the House of Representatives:_
In answer to resolution of the House of Representatives of the 16th
of December last, calling for information relative to the condition of
affairs in Louisiana, and what, if any, action has been taken in regard
thereto, I herewith transmit the report of the Attorney-General and the
papers by which it is accompanied.
U.S. GRANT.
WASHINGTON, _January 22, 1873_.
_To the Senate of the United States:_
I transmit herewith to the Senate, for its consideration with a view to
ratification, an additional article to the treaty between the United
States and Her Britannic Majesty of the 8th of May, 1871.
U.S. GRANT.
EXECUTIVE MANSION, _January 31, 1873_.
_To the Senate and House of Representatives:_
In compliance with section 2 of the act approved July 11, 1870, entitled
"An act making appropriations for the consular and diplomatic expenses
of the Government for the year ending June 30, 1871, and for other
purposes," I have the honor to submit herewith a letter of the Secretary
of the Treasury relative to the consular agent[72] appointed under
authority of said act, together with the amounts paid such agent, and to
transmit the report of the said agent upon the consular service of the
United States.
U.S. GRANT.
[Footnote 72: De B. Randolph Keim.]
WASHINGTON, _February 8, 1873_.
_To the House of Representatives:_
In answer to the resolution of the House of Representatives of the 29th
of January, requesting information in relation to the case of Bernhard
Bernstein,[73] I transmit herewith a report from the Secretary of State
upon that subject, with accompanying documents.
U.S. GRANT.
[Footnote 73: Claim against Russia for illegal arrest and imprisonment.]
WASHINGTON, _February 13, 1873_.
_To the Senate and House of Representatives:_
I transmit herewith a report from the Secretary of State and
accompanying papers.[74]
U.S. GRANT.
[Footnote 74: Report of the United States commissioner to the
International Penitentiary Congress of London, and appendix containing
summary of proceedings of the National Prison Congress of Baltimore.]
EXECUTIVE MANSION, _February 14, 1873_.
_To the Senate and House of Representatives:_
I consider it my duty to call the attention of Congress to the condition
of affairs in the Territory of Utah, and to the dangers likely to arise
if it continues during the coming recess, from a threatened conflict
between the Federal and Territorial authorities.
No discussion is necessary in regard to the general policy of Congress
respecting the Territories of the United States, and I only wish now to
refer to so much of that policy as concerns their judicial affairs and
the enforcement of law within their borders.
No material differences are found in respect to these matters in the
organic acts of the Territories, but an examination of them will show
that it has been the invariable policy of Congress to place and keep
their civil and criminal jurisdiction, with certain limited exceptions,
in the hands of persons nominated by the President and confirmed by the
Senate, and that the general administration of justice should be as
prescribed by Congressional enactment. Sometimes the power given to the
Territorial legislatures has been somewhat larger and sometimes somewhat
smaller than the powers generally conferred. Never, however, have powers
been given to a Territorial legislature inconsistent with the idea that
the general judicature of the Territory was to be under the direct
supervision of the National Government.
Accordingly, the organic law creating the Territory of Utah, passed
September 9, 1850, provided for the appointment of a supreme court, the
judges of which are judges of the district courts, a clerk, marshal, and
an attorney, and to these Federal officers is confided jurisdiction in
all important matters; but, as decided recently by the Supreme Court,
the act requires jurors to serve in these courts to be selected in such
manner as the Territorial legislature sees fit to prescribe. It has
undoubtedly been the desire of Congress, so far as the same might be
compatible with the supervisory control of the Territorial government,
to leave the minor details connected with the administration of law to
regulation by local authority; but such a desire ought not to govern
when the effect will be, owing to the peculiar circumstances of the
case, to produce a conflict between the Federal and the Territorial
authorities, or to impede the enforcement of law, or in any way to
endanger the peace and good order of the Territory.
Evidently it was never intended to intrust the Territorial legislature
with power which would enable it, by creating judicatures of its
own or increasing the jurisdiction of courts appointed by Territorial
authority, although recognized by Congress, to take the administration
of the law out of the hands of the judges appointed by the President
or to interfere with their action.
Several years of unhappy experience make it apparent that in both of
these respects the Territory of Utah requires special legislation by
Congress.
Public opinion in that Territory, produced by circumstances too
notorious to require further notice, makes it necessary, in my opinion,
in order to prevent the miscarriage of justice and to maintain
the supremacy of the laws of the United States and of the Federal
Government, to provide that the selection of grand and petit jurors for
the district courts, if not put under the control of Federal officers,
shall be placed in the hands of persons entirely independent of those
who are determined not to enforce any act of Congress obnoxious to them,
and also to pass some act which shall deprive the probate courts, or any
court created by the Territorial legislature, of any power to interfere
with or impede the action of the courts held by the United States
judges.
I am convinced that so long as Congress leaves the selection of jurors
to the local authorities it will be futile to make any effort to enforce
laws not acceptable to a majority of the people of the Territory, or
which interfere with local prejudices or provide for the punishment of
polygamy or any of its affiliated vices or crimes.
I presume that Congress, in passing upon the subject, will provide all
reasonable and proper safeguards to secure honest and impartial jurors,
whose verdicts will command confidence and be a guaranty of equal
protection to all good and law-abiding citizens, and at the same time
make it understood that crime can not be committed with impunity.
I have before said that while the laws creating the several Territories
have generally contained uniform provisions in respect to the judiciary,
yet Congress has occasionally varied these provisions in minor details,
as the circumstances of the Territory affected seemed to demand;
and in creating the Territory of Utah Congress evidently thought that
circumstances there might require judicial remedies not necessary in
other Territories, for by section 9 of the act creating that Territory
it is provided that a writ of error may be brought from the decision
of any judge of the supreme or district court of the Territory to the
Supreme Court of the United States upon any writ of _habeas corpus_
involving the question of personal freedom--a provision never inserted
in any other Territorial act except that creating the Territory of
New Mexico.
This extraordinary provision shows that Congress intended to mold
the organic law to the peculiar necessities of the Territory, and the
legislation which I now recommend is in full harmony with the precedent
thus established.
I am advised that United States courts in Utah have been greatly
embarrassed by the action of the Territorial legislature in
conferring criminal jurisdiction and the power to issue writs of _habeas
corpus_ on the probate courts in the Territory, and by their consequent
interference with the administration of justice. Manifestly the
legislature of the Territory can not give to any court whatever the
power to discharge by _habeas corpus_ persons held by or under process
from the courts created by Congress, but complaint is made that persons
so held have been discharged in that way by the probate courts. I can
not doubt that Congress will agree with me that such a state of things
ought not longer to be tolerated, and that no class of persons anywhere
should be allowed to treat the laws of the United States with open
defiance and contempt.
Apprehensions are entertained that if Congress adjourns without any
action upon this subject turbulence and disorder will follow, rendering
military interference necessary--a result I should greatly deprecate;
and in view of this and other obvious considerations, I earnestly
recommend that Congress, at the present session, pass some act which
will enable the district courts of Utah to proceed with independence
and efficiency in the administration of law and justice.
U.S. GRANT.
WASHINGTON, _February 17, 1873_.
_To the Senate of the United States:_
In answer to a resolution of the Senate of the 14th instant, adopted
in executive session, requiring of the Secretary of State information
touching the business before the late mixed commission on claims under
the convention with Mexico, I transmit a report from the Secretary of
State and the papers by which it was accompanied.
U.S. GRANT.
WASHINGTON, _February 24, 1873_.
_To the Senate and House of Representatives:_
In my annual message to Congress at the opening of the second session of
the present Congress, in December, 1871, I recommended the legislation
necessary on the part of the United States to bring into operation the
articles of the treaty of Washington of May 8, 1871, relative to the
fisheries and to other matters touching the relations of the United
States toward the British North American possessions, to become
operative so soon as the proper legislation should be had on the part of
Great Britain and its possessions. That legislation on the part of Great
Britain and its possessions had not then been had.
Having, prior to the meeting of Congress in December last, received
official information of the consideration by Great Britain and its
possessions of the legislation necessary on their part to bring those
articles into operation, I communicated that fact to Congress in my
annual message at the opening of the present session, and renewed the
recommendation for your early adoption of the legislation in the same
direction necessary on the part of this Government.
The near approach of the end of the session induces me again to urgently
call your attention to the importance of this legislation on the part of
Congress.
It will be remembered that the treaty of Washington resulted from an
overture on the part of Great Britain to treat with reference to the
fisheries on the coast of Her Majesty's possessions in North America
and other questions between them affecting the relations of the United
States toward these possessions. To this overture a reply was made on
the part of this Government that while appreciating the importance of
a friendly and complete understanding between the two Governments with
reference to the subject specially suggested by the British Government,
it was thought that the removal of the differences growing out of
what were generically known as the Alabama claims was essential to
the restoration of cordial and amicable relations between the two
Governments, and the assent of this Government to treat on the subject
of the fisheries was made dependent on the assent of Great Britain
to allow the joint commission which it had prepared on the questions
suggested by that Government to treat also and settle the differences
growing out of the Alabama claims.
Great Britain assented to this, and the treaty of Washington proposed
a settlement of both classes of questions.
Those relating to the Alabama claims and to the northwestern water
boundary, commonly known as the San Juan question, have been disposed
of in pursuance of the terms of the treaty.
Those relating to the fisheries were made by the terms of the treaty to
depend upon the legislation which the constitutions of the respective
Governments made necessary to carry those provisions into effect.
Great Britain and her possessions have on their part enacted the
necessary legislation.
This Government is now enjoying the advantages of those provisions of
the treaty which were the result of the condition of its assent to treat
upon the questions which Great Britain had submitted.
The tribunal at Geneva has made an award in favor of the United States
on the Alabama claims, and His Majesty the Emperor of Germany has
decided in favor of the contention of the United States on the
northwestern boundary line.
I can not urge too strongly the importance of your early consideration
of the legislation that may be necessary on the part of this Government.
In addition to the claim that Great Britain may have upon the good faith
of this Government to consider the legislation necessary in connection
with the questions which that Government presented as the subject of a
negotiation which has resulted so favorably to this Government upon the
other questions in which the United States felt so much interest, it is
of importance that the rights of the American fishermen, as provided
for under the treaty, should be determined before the now approaching
fishing season opens, and that the serious difficulties to the fishing
interests and the grave questions between the two Governments that may
arise therefrom be averted.
U.S. GRANT.
EXECUTIVE MANSION, _February 25, 1873_.
_To the Senate and House of Representatives:_
Your attention is respectfully invited to the condition of affairs in
the State of Louisiana.
Grave complications have grown out of the election there on the 6th of
November last, chiefly attributable, it is believed, to an organized
attempt on the part of those controlling the election officers and
returns to defeat in that election the will of a majority of the
electors of the State. Different persons are claiming the executive
offices, two bodies are claiming to be the legislative assembly of the
State, and the confusion and uncertainty produced in this way fall with
paralyzing effect upon all its interests.
Controversy arose as soon as the election occurred over its proceedings
and results, but I declined to interfere until suit involving this
controversy to some extent was brought in the circuit court of the
United States under and by virtue of the act of May 31, 1870, entitled
"An act to enforce the right of citizens of the United States to vote
in the several States of the Union, and for other purposes."
Finding that resistance was made to judicial process in that suit,
without any opportunity, and, in my judgment, without any right, to
review the judgment of the court upon the jurisdictional or other
questions arising in the case, I directed the United States marshal to
enforce such process and to use, if necessary, troops for that purpose,
in accordance with the thirteenth section of said act, which provides
that "it shall be lawful for the President of the United States to
employ such part of the land or naval forces of the United States or of
the militia as shall be necessary to aid in the execution of judicial
process under this act."
Two bodies of persons claimed to be the returning board for the State,
and the circuit court in that case decided that the one to which Lynch
belonged, usually designated by his name, was the lawful returning
board; and this decision has been repeatedly affirmed by the district
and supreme courts of the State. Having no opportunity or power to
canvass the votes, and the exigencies of the case demanding an immediate
decision, I conceived it to be my duty to recognize those persons as
elected who received and held their credentials to office from what then
appeared to me to be, and has since been decided by the supreme court
of the State to be, the legal returning board.
Conformably to the decisions of this board, a full set of State officers
has been installed and a legislative assembly organized, constituting,
if not a _de jure_, at least a _de facto_ government, which, since
some time in December last, has had possession of the offices and been
exercising the usual powers of government; but opposed to this has been
another government claiming to control the affairs of the State, and
which has to some extent been _pro forma_ organized.
Recent investigation into said election has developed so many frauds
and forgeries as to make it doubtful what candidates received a majority
of the votes actually cast, and in view of these facts a variety of
action has been proposed. I have no specific recommendation to make
upon the subject, but if there is any practicable way of removing these
difficulties by legislation, then I earnestly request that such action
may be taken at the present session of Congress.
It seems advisable that I should state now what course I shall feel
bound to pursue in reference to the matter in the event of no action by
Congress at this time. Subject to any satisfactory arrangement that may
be made by the parties to the controversy, which of all things is the
most desirable, it will be my duty, so far as it may be necessary for
me to act, to adhere to that government heretofore recognized by me.
To judge of the election and qualifications of its members is the
exclusive province of the Senate, as it is also the exclusive province
of the House to judge of the election and qualifications of its members;
but as to State offices, filled and held under State laws, the decisions
of the State judicial tribunals, it seems to me, ought to be respected.
I am extremely anxious to avoid any appearance of undue interference
in State affairs, and if Congress differs from me as to what ought
to be done I respectfully urge its immediate decision to that effect;
otherwise I shall feel obliged, as far as I can by the exercise of
legitimate authority, to put an end to the unhappy controversy which
disturbs the peace and prostrates the business of Louisiana, by the
recognition and support of that government which is recognized and
upheld by the courts of the State.
U.S. GRANT.
VETO MESSAGES.
EXECUTIVE MANSION, _January 6, 1873_.
_To the House of Representatives:_
I return herewith, for the further consideration of Congress, House bill
No. 2291, entitled "An act for the relief of Edmund Jussen," to which
I have not appended my approval, for the following reasons:
The bill directs the accounting officers to transfer from Mr. Jussen's
account to that of his successor all indebtedness arising from the
loss or destruction or nontaking of warehouse bonds on certain spirits
destroyed by fire. This provision would be wholly ineffective in so far
as it proposes to increase the liability of Mr. Jussen's successor, he
having been appointed subsequently to the destruction of the spirits.
It might operate to relieve Mr. Jussen, but it seems probable that
he is already relieved by the act of May 27, 1872, passed since the
introduction of this bill. That act provides for the rebatement of taxes
on distilled spirits destroyed by fire, except in cases where the owners
of such spirits may be indemnified against tax by a valid claim of
insurance. The relief of the taxpayers of course includes the relief
of collectors from liability caused by failure to take bonds. It does
not appear whether there was any insurance in this case. If not, the
applicant is already relieved; but if there was an insurance the effect
of this bill, if it became a law, might be to except Mr. Jussen from the
operation of the general rule established by the proviso of the act of
May 27, 1872. If such exception be proper, it should not be confined to
an individual case, but extended to all. If there was an insurance, this
bill would relieve Mr, Jussen from the liability with which it is very
doubtful if his successor could be legally charged, or with which he
ought to be charged.
U.S. GRANT.
EXECUTIVE MANSION, _January 22, 1873_.
The SPEAKER OF THE HOUSE OF REPRESENTATIVES.
SIR: I herewith return to the House of Representatives, in which it
originated, H.R. No. 630, entitled "An act in relation to new trials
in the Court of Claims," without my approval.
The object of the bill is to reduce from two years to six months the
time in which a new trial, upon motion of the United States, may be
granted in the Court of Claims.
Great difficulties are now experienced in contesting fraudulent and
unjust claims against the Government prosecuted in said court, and the
effect of this bill, if it becomes a law, will be to increase those
difficulties. Persons sue in this court generally with the advantage
of a personal knowledge of the circumstances of the case, and are
prompted by personal interest to activity in its preparation for trial,
which consists sometimes in the production of false testimony and the
suppression of the truth, while the United States are dependent for
defense upon such inquiries as the officers of the Government, generally
strangers to the transaction, are enabled to make, not infrequently in
remote parts of the country and among those not averse to depredations
upon the National Treasury. Instances have occurred where the existing
opportunities for a new trial have enabled the Government to discover
and defeat claims that ought not to have been allowed, after judgments
thereon had been rendered by the Court of Claims.
By referring to the act which it is proposed to modify it will be seen
that the payment of judgments recovered is not necessarily suspended
for two years; but where the proofs are doubtful or suspicious the
Government may appeal to the Supreme Court, and in the meantime may
avail itself of any discovery or revelation of new evidence touching
the facts of the case.
I fail to see the necessity or advantages of the proposed change in
the law, and whatever may be the purposes of the bill, its effect,
if passed, I am apprehensive will be to facilitate the prosecution of
fraudulent claims against the United States. Believing that justice can
and will be done to honest claimants in the Court of Claims as the law
now stands, and believing also that the proposed change in the law will
remove a valuable safeguard to the Treasury, I must for these reasons
respectfully withhold my assent to the bill.
U.S. GRANT.
EXECUTIVE MANSION, _January 29, 1873_.
_To the Senate of the United States:_
I have the honor to return herewith Senate bill No. 490, entitled
"An act for the relief of the East Tennessee University," without
my approval.
This claim, for which $18,500 are appropriated out of the moneys of the
United States, arises in part for the destruction of property by troops
in time of war, and therefore the same objections attach to it as were
expressed in my message of June 1, 1872, returning the Senate bill
awarding $25,000 to J. Milton Best.
If the precedent is once established that the Government is liable for
the ravages of war, the end of demands upon the public Treasury can not
be forecast.
The loyalty of the people of the section in which the university
is located, under circumstances of personal danger and trials, thus
entitling them to the most favorable construction of the obligation of
the Government toward them, is admitted, and nothing but regard for my
duty to the whole people, in opposing a principle which, if allowed,
will entail greater burdens upon the whole than the relief which will be
afforded to a part by allowing this bill to become a law, could induce
me to return it with objections.
Recognizing the claims of these citizens to sympathy and the most
favorable consideration of their claims by the Government, I would
heartily favor a donation of the amount appropriated by this bill for
their relief.
U.S. GRANT.
WASHINGTON, _February 8, 1873_.
_To the House of Representatives:_
I have the honor to return herewith House bill (H.R. 2852) entitled
"An act for the relief of James A. McCullah, late collector of the fifth
district of Missouri," without my approval, for the following reasons:
It is provided in section 34 of the act of June 30, 1864, as amended by
the act of July 13, 1866, that it shall be proved to the satisfaction
of the Commissioner of Internal Revenue that due diligence was used by
the collector, who shall certify the facts to the First Comptroller.
This bill, should it become a law, clearly excuses Mr. McCullah, late
collector, from showing that he used due diligence for the collection
of the tax in question while the lists remained in his hands.
U.S. GRANT.
EXECUTIVE MANSION, _February 11, 1873_.
_To the Senate of the United States:_
I return herewith without my approval Senate bill No. 161, entitled
"An act for the relief of those suffering from the destruction of salt
works near Manchester, Ky., pursuant to the order of Major-General
Carlos Buell."
All the objections made by me to the bill for the relief of J. Milton
Best, and also of the East Tennessee University, apply with equal force
to this bill.
According to the official report of Brigadier-General Craft, by whose
immediate command the property in question was destroyed, there was a
large rebel force in the neighborhood, who were using the salt works and
had carried away a considerable quantity of salt, and were preparing to
take more as soon as the necessary transportation could be procured; and
he further states "that the leaders of the rebellion calculated upon
their supply of salt to come from these works," and that in his opinion
their destruction was a military necessity. I understand him to say, in
effect, that the salt works were captured from the rebels; that it was
impracticable to hold them, and that they were demolished so as to be of
no further use to the enemy.
I can not agree that the owners of property destroyed under such
circumstances are entitled to compensation therefor from the United
States. Whatever other view may be taken of the subject, it is
incontrovertible that these salt works were destroyed by the Union Army
while engaged in regular military operations, and that the sole object
of their destruction was to weaken, cripple, or defeat the armies of the
so-called Southern Confederacy.
I am greatly apprehensive that the allowance of this claim could and
would be construed into the recognition of a principle binding the
United States to pay for all property which their military forces
destroyed in the late war for the Union. No liability by the Government
to pay for property destroyed by the Union forces in conducting a battle
or siege has yet been claimed, but the precedent proposed by this bill
leads directly and strongly in that direction, for it is difficult upon
any ground of reason or justice to distinguish between a case of that
kind and the one under consideration. Had General Craft and his command
destroyed the salt works by shelling out the enemy found in their actual
occupancy, the case would not have been different in principle from the
one presented in this bill. What possible difference can it make in
the rights of owners or the obligations of the Government whether the
destruction was in driving the enemy out or in keeping them out of the
possession of the salt works?
This bill does not present a case where private property is taken for
public use in any sense of the Constitution. It was not taken from the
owners, but from the enemy; and it was not then used by the Government,
but destroyed. Its destruction was one of the casualties of war, and,
though not happening in actual conflict, was perhaps as disastrous to
the rebels as would have been a victory in battle.
Owners of property destroyed to prevent the spread of a conflagration,
as a general rule, are not entitled to compensation therefor; and for
reasons equally strong the necessary destruction of property found in
the hands of the public enemy, and constituting a part of their military
supplies, does not entitle the owner to indemnity from the Government
for damages to him in that way.
I fully appreciate the hardship of the case, and would be glad if my
convictions of duty allowed me to join in the proposed relief; but I can
not consent to the doctrine which is found in this bill, as it seems to
me, by which the National Treasury is exposed to all claims for property
injured or destroyed by the armies of the United States in the late
protracted and destructive war in this country.
U.S. GRANT.
PROCLAMATION.
BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
A PROCLAMATION.
Whereas objects of interest to the United States require that the Senate
should be convened at 12 o'clock on the 4th of March next, to receive
and act upon such communications as may be made to it on the part of the
Executive:
Now, therefore, I, Ulysses S. Grant, President of the United States,
have considered it to be my duty to issue this my proclamation,
declaring that an extraordinary occasion requires the Senate of the
United States to convene for the transaction of business at the Capitol,
in the city of Washington, on the 4th day of March next, at 12 o'clock
at noon on that day, of which all who shall at that time be entitled to
act as members of that body are hereby required to take notice.
Given under my hand and the seal of the United States, at Washington,
the 21st day of February, A.D. 1873, and of the Independence of the
United States of America the ninety-seventh.
[SEAL.]
U.S. GRANT.
By the President:
HAMILTON FISH,
_Secretary of State_.
EXECUTIVE ORDERS.
BY THE PRESIDENT OF THE UNITED STATES.
EXECUTIVE ORDER.
WASHINGTON, _January 17, 1873_.
Whereas it has been brought to the notice of the President of the United
States that many persons holding civil office by appointment from him or
otherwise under the Constitution and laws of the United States, while
holding such Federal positions, accept offices under the authority of
the States and Territories in which they reside, or of municipal
corporations under the charters and ordinances of such corporations,
thereby assuming the duties of the State, Territorial, or municipal
office at the same time that they are charged with the duties of the
civil office held under Federal authority; and
Whereas it is believed that, with few exceptions, the holding of two
such offices by the same person is incompatible with a due and faithful
discharge of the duties of either office; that it frequently gives rise
to great inconvenience, and often results in detriment to the public
service, and, moreover, is not in harmony with the genius of the
Government:
In view of the premises, therefore, the President has deemed it proper
thus and hereby to give public notice that from and after the 4th day
of March, A.D. 1873 (except as herein specified), persons holding any
Federal civil office by appointment under the Constitution and laws of
the United States will be expected, while holding such office, not to
accept or hold any office under any State or Territorial government
or under the charter or ordinances of any municipal corporation; and
further, that the acceptance or continued holding of any such State,
Territorial, or municipal office, whether elective or by appointment,
by any person holding civil office as aforesaid under the Government
of the United States, other than judicial offices under the Constitution
of the United States, will be deemed a vacation of the Federal office
held by such person, and will be taken to be and will be treated as a
resignation by such Federal officer of his commission or appointment
in the service of the United States.
The offices of justices of the peace, of notaries public, and of
commissioners to take the acknowledgment of deeds, of bail, or to
administer oaths shall not be deemed within the purview of this order,
and are excepted from its operation and may be held by Federal officers.
The appointment of deputy marshal of the United States may be conferred
upon sheriffs or deputy sheriffs; and deputy postmasters the emoluments
of whose office do not exceed $600 per annum are also excepted from the
operations of this order, and may accept and hold appointments under
State, Territorial, or municipal authority, provided die same be found
not to interfere with the discharge of their duties as postmaster.
Heads of Departments and other officers of the Government who have the
appointment of subordinate officers are required to take notice of this
order, and to see to the enforcement of its provisions and terms within
the sphere of their respective Departments or offices and as relates to
the several persons holding appointments under them, respectively.
By order of the President:
HAMILTON FISH,
_Secretary of State_.
DEPARTMENT OF STATE, _Washington, January 28, 1873_.
Inquiries having been made from various quarters as to the application
of the Executive order issued on the 17th January, relating to the
holding of State or municipal offices by persons holding civil offices
under the Federal Government, the President directs the following reply
to be made:
It has been asked whether the order prohibits a Federal officer from
holding also the office of an alderman or of a common councilman in a
city, or of a town councilman of a town or village, or of appointments
under city, town, or village governments. By some it has been suggested
that there may be distinction made in case the office be with or without
salary or compensation. The city or town offices of the description
referred to, by whatever names they may be locally known, whether held
by election or by appointment, and whether with or without salary or
compensation, are of the class which the Executive order intends not
to be held by persons holding Federal offices.
It has been asked whether the order prohibits Federal officers from
holding positions on boards of education, school committees, public
libraries, religious or eleemosynary institutions incorporated or
established or sustained by State or municipal authority. Positions and
service on such boards or committees and professorships in colleges are
not regarded as "offices" within the contemplation of the Executive
order, but as employments or service in which all good citizens may be
engaged without incompatibility, and in many cases without necessary
interference with any position which they may hold under the Federal
Government. Officers of the Federal Government may therefore engage in
such service, provided the attention required by such employment does
not interfere with the regular and efficient discharge of the duties of
their office under the Federal Government. The head of the Department
under whom the Federal office is held will in all cases be the sole
judge whether or not the employment does thus interfere.
The question has also been asked with regard to officers of the
State militia. Congress having exercised the power conferred by the
Constitution to provide for organizing the militia, which is liable to
be called forth to be employed in the service of the United States, and
is thus in some sense under the control of the General Government, and
is, moreover, of the greatest value to the public, the Executive order
of the 17th January is not considered as prohibiting Federal officers
from being officers of the militia in the States and Territories.
It has been asked whether the order prohibits persons holding office
under the Federal Government being members of local or municipal fire
departments; also whether it applies to mechanics employed by the day
in the armories, arsenals, and navy-yards, etc., of the United States.
Unpaid service in local or municipal fire departments is not regarded as
an office within the intent of the Executive order, and may be performed
by Federal officers, provided it does not interfere with the regular and
efficient discharge of the duties of the Federal office, of which the
head of the Department under which the office is held will in each case
be the judge. Employment by the day as mechanics and laborers in the
armories, arsenals, navy-yards, etc., does not constitute an office of
any kind, and those thus employed are not within the contemplation of
the Executive order. Master workmen and others who hold appointments
from the Government or from any Department, whether for a fixed time
or at the pleasure of the appointing power, are embraced within the
operation of the order.
By order of the President:
HAMILTON FISH,
_Secretary of State_.
SECOND INAUGURAL ADDRESS.
FELLOW-CITIZENS: Under Providence I have been called a second time to
act as Executive over this great nation. It has been my endeavor in the
past to maintain all the laws, and, so far as lay in my power, to act
for the best interests of the whole people. My best efforts will be
given in the same direction in the future, aided, I trust, by my four
years' experience in the office.
When my first term of the office of Chief Executive began, the country
had not recovered from the effects of a great internal revolution, and
three of the former States of the Union had not been restored to their
Federal relations.
It seemed to me wise that no new questions should be raised so long as
that condition of affairs existed. Therefore the past four years, so far
as I could control events, have been consumed in the effort to restore
harmony, public credit, commerce, and all the arts of peace and
progress. It is my firm conviction that the civilized world is tending
toward republicanism, or government by the people through their chosen
representatives, and that our own great Republic is destined to be the
guiding star to all others.
Under our Republic we support an army less than that of any European
power of any standing and a navy less than that of either of at least
five of them. There could be no extension of territory on the continent
which would call for an increase of this force, but rather might such
extension enable us to diminish it.
The theory of government changes with general progress. Now that the
telegraph is made available for communicating thought, together with
rapid transit by steam, all parts of a continent are made contiguous for
all purposes of government, and communication between the extreme limits
of the country made easier than it was throughout the old thirteen
States at the beginning of our national existence.
The effects of the late civil strife have been to free the slave and
make him a citizen. Yet he is not possessed of the civil rights which
citizenship should carry with it. This is wrong, and should be
corrected. To this correction I stand committed, so far as Executive
influence can avail.
Social equality is not a subject to be legislated upon, nor shall I ask
that anything be done to advance the social status of the colored man,
except to give him a fair chance to develop what there is good in him,
give him access to the schools, and when he travels let him feel assured
that his conduct will regulate the treatment and fare he will receive.
The States lately at war with the General Government are now happily
rehabilitated, and no Executive control is exercised in any one of them
that would not be exercised in any other State under like circumstances.
In the first year of the past Administration the proposition came up for
the admission of Santo Domingo as a Territory of the Union. It was not
a question of my seeking, but was a proposition from the people of Santo
Domingo, and which I entertained. I believe now, as I did then, that
it was for the best interest of this country, for the people of Santo
Domingo, and all concerned that the proposition should be received
favorably. It was, however, rejected constitutionally, and therefore
the subject was never brought up again by me.
In future, while I hold my present office, the subject of acquisition of
territory must have the support of the people before I will recommend
any proposition looking to such acquisition. I say here, however, that
I do not share in the apprehension held by many as to the danger of
governments becoming weakened and destroyed by reason of their extension
of territory. Commerce, education, and rapid transit of thought and
matter by telegraph and steam have changed all this. Rather do I believe
that our Great Maker is preparing the world, in His own good time, to
become one nation, speaking one language, and when armies and navies
will be no longer required.
My efforts in the future will be directed to the restoration of good
feeling between the different sections of our common country; to the
restoration of our currency to a fixed value as compared with the
world's standard of values--gold--and, if possible, to a par with it;
to the construction of cheap routes of transit throughout the land, to
the end that the products of all may find a market and leave a living
remuneration to the producer; to the maintenance of friendly relations
with all our neighbors and with distant nations; to the reestablishment
of our commerce and share in the carrying trade upon the ocean; to the
encouragement of such manufacturing industries as can be economically
pursued in this country, to the end that the exports of home products
and industries may pay for our imports--the only sure method of
returning to and permanently maintaining a specie basis; to the
elevation of labor; and, by a humane course, to bring the aborigines of
the country under the benign influences of education and civilization.
It is either this or war of extermination. Wars of extermination,
engaged in by people pursuing commerce and all industrial pursuits,
are expensive even against the weakest people, and are demoralizing
and wicked. Our superiority of strength and advantages of civilization
should make us lenient toward the Indian. The wrong inflicted upon him
should be taken into account and the balance placed to his credit. The
moral view of the question should be considered and the question asked,
Can not the Indian be made a useful and productive member of society by
proper teaching and treatment? If the effort is made in good faith, we
will stand better before the civilized nations of the earth and in our
own consciences for having made it.
All these things are not to be accomplished by one individual, but they
will receive my support and such recommendations to Congress as will in
my judgment best serve to carry them into effect. I beg your support and
encouragement.
It has been, and is, my earnest desire to correct abuses that have grown
up in the civil service of the country. To secure this reformation rules
regulating methods of appointment and promotions were established and
have been tried. My efforts for such reformation shall be continued to
the best of my judgment. The spirit of the rules adopted will be
maintained.
I acknowledge before this assemblage, representing, as it does, every
section of our country, the obligation I am under to my countrymen for
the great honor they have conferred on me by returning me to the highest
office within their gift, and the further obligation resting on me to
render to them the best services within my power. This I promise,
looking forward with the greatest anxiety to the day when I shall be
released from responsibilities that at times are almost overwhelming,
and from which I have scarcely had a respite since the eventful firing
upon Fort Sumter, in April, 1861, to the present day. My services were
then tendered and accepted under the first call for troops growing out
of that event.
I did not ask for place or position, and was entirely without influence
or the acquaintance of persons of influence, but was resolved to perform
my part in a struggle threatening the very existence of the nation.
I performed a conscientious duty, without asking promotion or command,
and without a revengeful feeling toward any section or individual.
Notwithstanding this, throughout the war, and from my candidacy for my
present office in 1868 to the close of the last Presidential campaign,
I have been the subject of abuse and slander scarcely ever equaled in
political history, which to-day I feel that I can afford to disregard
in view of your verdict, which I gratefully accept as my vindication.
MARCH 4, 1873.
PROCLAMATIONS.
BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
A PROCLAMATION.
Whereas, under the pretense that William P. Kellogg, the present
executive of Louisiana, and the officers associated with him in the
State administration were not duly elected, certain turbulent and
disorderly persons have combined together with force and arms to resist
the laws and constituted authorities of said State; and
Whereas it has been duly certified by the proper local authorities and
judicially determined by the inferior and supreme courts of said State
that said officers are entitled to hold their offices, respectively, and
execute and discharge the functions thereof; and
Whereas Congress, at its late session, upon a due consideration of the
subject, tacitly recognized the said executive and his associates, then
as now in office, by refusing to take any action with respect thereto;
and
Whereas it is provided in the Constitution of the United States that the
United States shall protect every State in this Union, on application of
the legislature, or of the executive when the legislature can not be
convened, against domestic violence; and
Whereas it is provided in the laws of the United States that in all
cases of insurrection in any State or of obstruction to the laws
thereof it shall be lawful for the President of the United States, on
application of the legislature of such State, or of the executive when
the legislature can not be convened, to call forth the militia of any
other State or States, or to employ such part of the land and naval
forces as shall be judged necessary, for the purpose of suppressing
such insurrection or causing the laws to be duly executed; and
Whereas the legislature of said State is not now in session, and can not
be convened in time to meet the present emergency, and the executive of
said State, under section 4 of Article IV of the Constitution of the
United States and the laws passed in pursuance thereof, has therefore
made application to me for such part of the military force of the United
States as may be necessary and adequate to protect said State and the
citizens thereof against domestic violence and to enforce the due
execution of the laws; and
Whereas it is required that whenever it may be necessary, in the
judgment of the President, to use the military force for the purpose
aforesaid, he shall forthwith, by proclamation, command such insurgents
to disperse and retire peaceably to their respective homes within a
limited time:
Now, therefore, I, Ulysses S. Grant, President of the United States,
do hereby make proclamation and command said turbulent and disorderly
persons to disperse and retire peaceably to their respective abodes
within twenty days from this date, and hereafter to submit themselves to
the laws and constituted authorities of said State; and I invoke the aid
and cooperation of all good citizens thereof to uphold law and preserve
the public peace.
In witness whereof I have hereunto set my hand and caused the seal of
the United States to be affixed.
[SEAL.]
Done at the city of Washington, this 22d day of May, A.D. 1873, and of
the Independence of the United States the ninety-seventh.
U.S. GRANT.
By the President:
J.C. BANCROFT DAVIS,
_Acting Secretary of State_.
BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
A PROCLAMATION.
Whereas by the thirty-third article of a treaty concluded at Washington
on the 8th day of May, 1871, between the United States and Her Britannic
Majesty it was provided that--
Articles XVIII to XXV, inclusive, and Article XXX of this treaty shall
take effect as soon as the laws required to carry them into operation
shall have been passed by the Imperial Parliament of Great Britain,
by the parliament of Canada, and by the legislature of Prince Edwards
Island on the one hand, and by the Congress of the United States on
the other.
And whereas by the first section of an act entitled "An act to carry
into effect the provisions of the treaty between the United States and
Great Britain signed in the city of Washington the 8th day of May, 1871,
relating to the fisheries," it is provided--
That whenever the President of the United States shall receive
satisfactory evidence that the Imperial Parliament of Great Britain, the
parliament of Canada, and the legislature of Prince Edwards Island have
passed laws on their part to give full effect to the provisions of the
treaty between the United States and Great Britain signed at the city
of Washington on the 8th day of May, 1871, as contained in articles
eighteenth to twenty-fifth, inclusive, and article thirtieth of said
treaty, he is hereby authorized to issue his proclamation declaring that
he has such evidence.
And whereas the Secretary of State of the United States and Her
Britannic Majesty's envoy extraordinary and minister plenipotentiary at
Washington have recorded in a protocol a conference held by them at the
Department of State, in Washington, on the 7th day of June, 1873, in the
following language:
PROTOCOL OF A CONFERENCE HELD AT WASHINGTON ON THE 7TH DAY OF JUNE, 1873.
Whereas it is provided by Article XXXIII of the treaty between Her
Majesty the Queen of the United Kingdom of Great Britain and Ireland
and the United States of America signed at Washington on the 8th of
May, 1871, as follows:
"Article XXXIII.
"The foregoing Articles XVIII to XXV, inclusive, and Article XXX of this
treaty shall take effect as soon as the laws required to carry them into
operation shall have been passed by the Imperial Parliament of Great
Britain, by the parliament of Canada, and by the legislature of Prince
Edwards Island on the one hand, and by the Congress of the United States
on the other. Such assent having been given, the said articles shall
remain in force for the period of ten years from the date at which they
may come into operation, and, further, until the expiration of two years
after either of the high contracting parties shall have given notice
to the other of its wish to terminate the same; each of the high
contracting parties being at liberty to give such notice to the other at
the end of the said period of ten years or at any time afterwards;" and
Whereas, in accordance with the stipulations of the above-recited
article, an act was passed by the Imperial Parliament of Great Britain
in the thirty-fifth and thirty-sixth years of the reign of Queen
Victoria, intituled "An act to carry into effect a treaty between Her
Majesty and the United States of America;" and
Whereas an act was passed by the senate and house of commons of Canada
in the fifth session of the first parliament held in the thirty-fifth
year of Her Majesty's reign and assented to in Her Majesty's name by
the Governor-General on the 14th day of June, 1872, intituled "An act
relating to the treaty of Washington, 1871;" and
Whereas an act was passed by the legislature of Prince Edwards Island
and assented to by the lieutenant-governor of that colony on the 29th
day of June, 1872, intituled "An act relating to the treaty of
Washington, 1871;" and
Whereas an act was passed by the Senate and House of Representatives of
the United States of America in Congress assembled, and approved on the
1st day of March, 1873, by the President of the United States, intituled
"An act to carry into effect the provisions of the treaty between the
United States and Great Britain signed in the city of Washington the
8th day of May, 1871, relating to fisheries:"
The undersigned, Hamilton Fish, Secretary of State of the United
States, and the Right Hon. Sir Edward Thornton, one of Her Majesty's
most honorable privy council, knight commander of the most honorable
Order of the Bath, Her Britannic Majesty's envoy extraordinary and
minister plenipotentiary to the United States of America, duly
authorized for this purpose by their respective Governments, having
met together at Washington, and having found that the laws required
to carry the Articles XVIII to XXV, inclusive, and Article XXX of
the treaty aforesaid into operation have been passed by the Imperial
Parliament of Great Britain, by the parliament of Canada, and by the
legislature of Prince Edwards Island on the one part, and by the
Congress of the United States on the other, hereby declare that
Articles XVIII to XXV, inclusive, and Article XXX of the treaty
between Her Britannic Majesty and the United States of America of
the 8th of May, 1871, will take effect on the 1st day of July next.
In witness whereof the undersigned have signed this protocol and have
hereunto affixed their seals.
Done in duplicate at Washington, this 7th day of June, 1873.
[SEAL.] (Signed) HAMILTON FISH.
[SEAL.] (Signed) EDWD. THORNTON.
Now, therefore, I, Ulysses S. Grant, President of the United States of
America, in pursuance of the premises, do hereby declare that I have
received satisfactory evidence that the Imperial Parliament of Great
Britain, the parliament of Canada, and the legislature of Prince Edwards
Island have passed laws on their part to give full effect to the
provisions of the said treaty as contained in articles eighteenth to
twenty-fifth, inclusive, and article thirtieth of said treaty.
In testimony whereof I have hereunto set my hand and caused the seal of
the United States to be affixed.
[SEAL.]
Done at the city of Washington, this 1st day of July, A.D. 1873, and of
the Independence of the United States of America the ninety-seventh.
U.S. GRANT.
By the President:
HAMILTON FISH,
_Secretary of State_.
BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
A PROCLAMATION.
Whereas by the act of Congress approved March 3, 1871, providing for a
national celebration of the one hundredth anniversary of the
independence of the United States by the holding of an International
Exhibition of Arts, Manufactures, and Products of the Soil and Mine in
the city of Philadelphia in the year 1876, it is provided as follows:
That whenever the President shall be informed by the governor of the
State of Pennsylvania that provision has been made for the erection of
suitable buildings for the purpose, and for the exclusive control by
the commission herein provided for of the proposed exhibition, the
President shall, through the Department of State, make proclamation of
the same, setting forth the time at which the exhibition will open and
the place at which it will be held; and he shall communicate to the
diplomatic representatives of all nations copies of the same, together
with such regulations as may be adopted by the commissioners, for
publication in their respective countries.
And whereas his excellency the governor of the said State of
Pennsylvania did, on the 24th day of June, 1873, inform me that
provision has been made for the erection of said buildings and for the
exclusive control by the commission provided for in the said act of the
proposed exhibition; and
Whereas the president of the United States Centennial Commission has
officially informed me of the dates fixed for the opening and closing of
the said exhibition and the place at which it is to be held:
Now, therefore, be it known that I, Ulysses S. Grant, President of the
United States, in conformity with the provisions of the act of Congress
aforesaid, do hereby declare and proclaim that there will be held at the
city of Philadelphia, in the State of Pennsylvania, an International
Exhibition of Arts, Manufactures, and Products of the Soil and Mine, to
be opened on the 19th day of April, A.D. 1876, and to be closed on the
19th day of October, in the same year.
And in the interest of peace, civilization, and domestic and
international friendship and intercourse, I commend the celebration and
exhibition to the people of the United States, and in behalf of this
Government and people I cordially commend them to all nations who may be
pleased to take part therein.
In testimony whereof I have hereunto set my hand and caused the seal of
the United States to be affixed.
[SEAL.]
Done at the city of Washington, this 3d day of July, 1873, and of the
Independence of the United States the ninety-seventh.
U.S. GRANT.
By the President:
HAMILTON FISH,
_Secretary of State_.
BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
A PROCLAMATION.
Whereas satisfactory evidence was given me on the 13th day of September
current by the Marquis de Noailles, envoy extraordinary and minister
plenipotentiary from the French Republic, that on and after the 1st day
of October next merchandise imported into France in vessels of the
United States, from whatever country, will be subject to no other duties
or imposts than those which shall be collected upon merchandise imported
into France from countries of its origin or from any other country in
French vessels:
Now, therefore, I, Ulysses S. Grant, President of the United States
of America, by virtue of the authority vested in me by law, do hereby
declare and proclaim that on and after the 1st day of October next,
so long as merchandise imported into France in vessels of the United
States, whether from the countries of its origin or from other
countries, shall be admitted into the ports of France on the terms
aforesaid, the discriminating duties heretofore levied upon merchandise
imported into the United States in French vessels, either from the
countries of its origin or from any other country, shall be and are
discontinued and abolished.
In testimony whereof I have hereunto set my hand and caused the seal of
the United States to be affixed.
Done at the city of Washington, this 22d day of September, A.D. 1873,
and of the Independence of the United States of America the
ninety-eighth.
[SEAL.]
U.S. GRANT.
By the President:
J.C. BANCROFT DAVIS,
_Acting Secretary of State_.
BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
A PROCLAMATION.
The approaching close of another year brings with it the occasion for
renewed thanksgiving and acknowledgment to the Almighty Ruler of the
Universe for the unnumbered mercies which He has bestowed upon us.
Abundant harvests have been among the rewards of industry. With local
exceptions, health has been among the many blessings enjoyed.
Tranquillity at home and peace with other nations have prevailed.
Frugal industry is regaining its merited recognition and its merited
rewards.
Gradually but, under the providence of God, surely, as we trust, the
nation is recovering from the lingering results of a dreadful civil
strife.
For these and all the other mercies vouchsafed it becomes us as a
people to return heartfelt and grateful acknowledgments, and with our
thanksgiving for blessings we may unite prayers for the cessation of
local and temporary sufferings.
I therefore recommend that on Thursday, the 27th day of November next,
the people meet in their respective places of worship to make their
acknowledgments to Almighty God for His bounties and His protection,
and to offer to Him prayers for their continuance.
In witness whereof I have hereunto set my hand and caused the seal of
the United States to be affixed.
[SEAL.]
Done at the city of Washington, this 14th day of October, A.D. 1873, and
of the Independence of the United States the ninety-eighth.
U.S. GRANT.
By the President:
HAMILTON FISH,
_Secretary of State_.
EXECUTIVE ORDERS.
WASHINGTON, _March 14, 1873_.
In consequence of the peculiar and confidential relations which from
the nature of the service must exist and be maintained between the
Department of State and its clerks, rules 2,3, and 4 of the rules and
regulations for the civil service promulgated by the President 19th of
December, 1871, as amended by the Executive order 16th of April, 1872,
shall in their application to that Department be modified as follows,
namely:
Vacancies occurring in any grade of consulates or clerkships in the
Department may be filled either by transfer from some other grade or
service--clerical, consular, or diplomatic--under the Department of
State, or by the appointment of some person who has previously served
under the Department of State to its satisfaction, or by the appointment
of some person who has made application to the Secretary of State, with
proper certificates of character, responsibility, and capacity, in the
manner provided for applications for consulates of which the lawful
annual compensation is more than $1,000 and less than $3,000, and who
has on examination been found qualified for the position.
U.S. GRANT.
[From the New-York Daily Tribune, May 10, 1873.]
WASHINGTON, _May 9, 1873_.
The President announces with deep regret the death of the Hon. Salmon
P. Chase, Chief Justice of the United States, who closed a life of long
public service, in the city of New York, on the 7th instant, having
filled the offices of Senator of the United States, governor of Ohio,
Secretary of the Treasury, and crowning a long career in the exalted
position of Chief Justice of the United States. The President directs
that the public offices in Washington be closed on Saturday, the 10th
instant, the day of his funeral, and that they be draped in mourning for
the period of thirty days, and that the flags be displayed at half-mast
on the public buildings and forts and on the national vessels on the day
of the funeral, in honor of the memory of the illustrious dead.
By order of the President:
HAMILTON FISH, _Secretary of State_.
EXECUTIVE MANSION, _Washington, D.C., May 21, 1873_.
SIR:[75] The President directs me to say that the several Departments of
the Government will be closed on the 30th instant, in order to enable
the employees of the Government to participate, in connection with the
Grand Army of the Republic, in the decoration of the graves of the
soldiers who fell during the rebellion.
I am, sir, your obedient servant,
O.E. BABCOCK,
_Secretary_.
[Footnote 75: Addressed to the heads of the Executive Departments, etc.]
WASHINGTON, _August 5, 1873_.
The Civil Service Commission, at its session at Washington which
terminated June 4, 1873, recommended certain further rules to be
prescribed by the President for the government of the civil service of
the United States. These rules as herewith published are approved, and
their provisions will be enforced as rapidly as the proper arrangements
can be made.
U.S. GRANT.
By the President:
HAMILTON FISH,
_Secretary of State_.
FURTHER RULES FOR PROMOTING THE EFFICIENCY OF THE CIVIL SERVICE OF THE
UNITED STATES.
_Rule 1_.--It being essential to the public welfare to maintain in the
Executive the exercise of the power of nomination and appointment vested
by the Constitution, and thereby to secure that measure of independence
and separate responsibility which is contemplated by that instrument;
and it being needful, in making such nominations and appointments, that
the appointing power should obtain and in the proper Department preserve
the evidence of fitness in reference to which all such nominations and
appointments should be made: Therefore recommendations concerning any
nomination or appointment to office or place in the civil service can
not be considered unless made in writing, signed by the person making
them, setting forth the character of the person recommended and his
qualifications for the office in reference to which the recommendation
is made; nor, when the recommendation is by a person holding an office
or station in or under the Government of the United States, can such
written recommendation, except when made in response to a written
request by the officer making the appointment, or in the discharge of an
official duty imposed by the Constitution or the laws, be considered as
entitled to any greater weight than if made by such person as a private
individual. But this rule shall not apply to recommendations made by
officers as to their own subordinates.
_Rule 2_.--While it is not the purpose of the rules and regulations
prescribed for the government of the civil service either to restrict
the power of removal or to extend the tenure of service, such power
will not be exercised arbitrarily, and therefore applications must
not be entertained by any authority having the duty of nomination or
appointment for the removal of any person in the civil service, nor will
any person be removed for the mere purpose of making a place for any
other person.
_Rule 3_.--To prevent any misapprehension in the public mind in regard
to the functions of the members of the Civil Service Commission and of
the members of any board of examiners, it is declared not to be any part
of the duty or authority of any such member to act upon, take part in,
or in any way entertain any recommendation, application, or question
concerning appointments or removals in respect of the civil service,
otherwise than in the strict discharge of their respective duties as
prescribed by the rules and regulations; and for the same purpose it is
further declared that the functions of the members of said Commission as
to the matters aforesaid extend only to the question of the proper rules
and regulations to be made and to supervising their application, and
that the functions of the examiners as to said matters extend only to
preparing for, conducting, rating, and making reports concerning
examinations required to be made under such rules and regulations.
_Rule 4_.--The grouping heretofore made for the Executive Departments at
Washington is hereby modified by striking out the words "female clerks,
copyists, and counters, at $900 a year," these places being below the
grade of clerkships of class 1; and all applicants for such positions
shall be examined in (1) penmanship, (2) copying, (3) elements of
English grammar, chiefly orthography, and (4) fundamental rules of
arithmetic, except that mere counters may be examined only in the
fundamental rules of arithmetic and as to their facility in counting
money; and those found competent by such examination shall be reported
in the order of their excellence as eligible for appointment, and
selections may be made by the appointing power, at discretion, from the
list of those so reported, being at liberty to give preference to such
as may be justly regarded as having the highest claims to public
consideration by reason of loss of support or of property occasioned by
the death or disability of any person in the defense of the Union in war
or in other public service of the Government. And in the notices of the
examination of females to fill vacancies among those last mentioned it
shall be stated as follows: "That from among all those who shall pass a
satisfactory examination the head of the Department will be at liberty
to select such persons for the vacancies as may be justly regarded as
having the highest claims to public consideration."
_Rule 5_.--The notices to appear at any examinations other than those
referred to in the fourth rule of this series, so far as practicable and
necessary to prevent misapprehension, shall advise female applicants to
whom they may be sent of any limitation which the law or the necessities
of the public service impose upon such applicants entering the vacancies
for which the examinations are to take place.
_Rule 6_.--That it shall be the duty of the respective boards of
examiners, on the written request of heads of Departments, to hold
examinations in anticipation of vacancies, as well as to fill vacancies,
and to prepare lists showing the results of competition, so that when
any such vacancy may happen there shall be those thus shown to be
eligible to nomination or appointment, from whom the proper selection
shall be made according to the provisions of the rules and regulations
relating to competitive examination; and examinations upon like request
shall be held in reference to vacancies to be filled under the fourth
rule of this series.
_Rule 7._--Applicants for appointment as cashiers of collectors of
customs, cashiers of assistant treasurers, cashiers of postmasters,
superintendents of money-order divisions in post-offices, and other
custodians of large sums of public money for whose fidelity another
officer has given official bonds may be appointed at discretion; but
this rule shall not apply to any appointment to a position grouped below
the grade of assistant teller.
_Rule 8_.--In cases of defalcation or embezzlement of public money, or
other emergency calling for immediate action, where the public service
would be materially injured unless the vacancy is promptly filled
without resorting to the methods of selection and appointment prescribed
by the rules and regulations, or when a vacancy happens at a place
remote and difficult of access and the methods prescribed for filling
it can not be applied without causing delay injurious to the public
service, the appointment may be made at discretion; but this rule shall
not apply to any place which is provided to be filled under the rules of
competitive examination.
_Rule 9_.--For the purpose of bringing the examinations for the civil
service as near to the residences of those desiring to be examined as
the appropriation at the command of the President will warrant, and for
the further purpose of facilitating as far as practicable the making of
selections for such service equably from the several portions of the
Union, while at the same time preserving the principle of promoting
merit as tested by fair competition, it is provided as follows:
(1) That the several States and Territories are grouped into five
divisions, to be designated as civil-service districts, the said
districts to be numbered consecutively from one to five, as follows:
I. The first district embraces the States of Maine, New Hampshire,
Massachusetts, Vermont, Connecticut, Rhode Island, and New York; and the
examinations therein shall be held alternately at the city of New York
and the city of Boston, but first at the city of New York.
II. The second district embraces the States of New Jersey, Pennsylvania,
Delaware, Maryland, North Carolina, Virginia, West Virginia, and the
District of Columbia; and the examinations therein shall be held at
Washington.
III. The third district embraces the States of Ohio, Michigan,
Indiana, Wisconsin, and Kentucky; and the examinations therein shall be
held alternately at Cincinnati and Detroit, but first at Cincinnati.
IV. The fourth district embraces the States of Illinois, Missouri,
Minnesota, Iowa, Kansas, Nebraska, Nevada, California, and Oregon, and
also all the Territories except New Mexico and the District of Columbia;
and the examinations therein shall be held at St. Louis.
V. The fifth district embraces the States of South Carolina, Georgia,
Florida, Alabama, Mississippi, Arkansas, Louisiana, Texas, and
Tennessee, together with the Territory of New Mexico; and the
examinations therein shall be held alternately at the city of Savannah
and the city of Memphis, but first at the city of Savannah.
(2) That in each of said districts examinations for admission to the
civil service at Washington shall be conducted as hereinafter provided;
and those whose residence is within any such district at the time of
filing the application for examination shall be regarded as belonging to
such district in reference both to competition and to appointments; and
each district shall be treated as a sphere of competition, and those so
residing therein, wherever examined, shall be regarded as competing only
with each other; but a person residing in any district may be allowed or
notified to be examined in any other district.
(3) All applications for examination for service at Washington must be
addressed to the head of the Department at that city which the applicant
desires to enter, and be in conformity to the previous rules and
regulations so far as the same are not modified by this series; and
every such application must be dated, must give the town or municipality
as well as the State or Territory where the applicant has his legal
residence, and also his post-office address.
(4) Each of the heads of Departments will cause to be kept in permanent
form a register of all such applicants for his Department, to be called
a "Register of applicants," and will cause such applications to be
preserved on file for convenient reference.
(5) The provisions of the former rules and regulations in reference to
the examining boards in the Departments and in the other local offices
in the various cities, so far as consistent herewith, are continued
until otherwise ordered.
(6) The President will employ or designate a suitable person to be chief
examiner, whose duty it will be, subject to the supervision of the Civil
Service Commission, to promote uniformity in preparing for, conducting,
reporting, and grading the examinations by said boards at Washington,
and to prepare for, attend, supervise, and report the examinations
herein provided to be held elsewhere than at Washington.
(7) The several heads of Departments must also cause to be made in
permanent form and to be preserved a "Record of persons eligible for
appointment," arranging under separate headings those resident in each
separate district, wherein shall be entered the names of the persons who
have been examined within twelve months now last past, and who are still
eligible to nomination or appointment; and to such record must from time
to time be added the names of those persons who shall hereafter pass an
examination which shall show them to be so eligible for nomination or
appointment. And such "Record of persons eligible for appointment" shall
be so kept and the names therein be so classified that all those whose
residences appearing as aforesaid to be in the same districts shall be
tabulated together, so as to show their relative excellence in each said
district, except that the names of all those examined under the fourth
rule of this series shall be separately entered upon the "Record of
persons eligible for appointment" for each Department, so as to show
where they reside.
(8) That the officer having the power of making nomination or
appointment may resort for that purpose to those so entered in the
"Record of persons eligible for appointment" as residing in either of
said civil-service districts; but (except in respect of those examined
under said rule 4) the method of competition heretofore provided must be
regarded as applying among those so registered as residing in any such
district, and as requiring the nomination and appointment to be made
from some one of the three persons graded as the highest on some one of
said five several arrangements of persons so eligible.
(9) At a reasonable time before any examination is to take place each
head of Department will furnish the chief examiner with a list of those
to be examined, and ten days before any examination is to take place in
any said district, elsewhere than at Washington, notice shall be sent by
mail by such chief examiner to all such applicants residing or allowed
to be examined in such district, stating the time and place of such
examination and the other matters of which the rules and regulations
require notice to be given.
(10) For the purpose of the examinations last mentioned the said chief
examiner shall receive from the several heads of Departments at
Washington and from the head of any local office which may request to
have any examinations made of persons for said offices the names of
those who are to be examined at any place outside of Washington, and
shall make a list of the same, showing the date of the filing of each
application, which he shall produce at the place of examination; and the
examination shall be held of all those on such list who shall duly
appear and submit thereto, provided the number be not so great, in the
opinion of the examining board, as to render the examination of the
whole impracticable, in which event only a reasonable number, to be
selected in the order of the date of the filing of their applications,
need be examined.
(11) For each place outside of Washington where such examination is to
be held the President will designate persons, to be, when practicable,
suitable officers of the United States, who, together with such chief
examiner, or some substituted departmental examiner from Washington to
be sent in his place when such chief examiner can not attend, shall
constitute the board for such examination; and by said persons, or a
majority thereof, of whom such chief examiner or said substitute shall
be one, such examinations shall be held and certified in a uniform
manner; and the time occupied by each person examined shall be noted on
the examination papers. The questions to be put to those examined as
applicants through the request of either head of Department or head of
local office shall be such as may be provided and as might be put if all
such examinations were, or were to be, conducted under the rules and
regulations by the examining boards of any such Department in Washington
or by any such local board.
(12) The chief examiner or his substitute shall make reports to each
Department and local office separately in respect of all such persons
as either said head of Department or of a local office requested to be
examined, and said reports, respectively, shall be accompanied by the
examination papers of those so separately reported; and the board of
examiners in each Department or local office shall make up and state the
excellence of each person so reported as examined, and such excellence,
being not below the minimum grade of 70 per cent, shall be duly entered
in the "Record of persons eligible for appointment" in the proper
district or local office.
(13) The district examinations herein provided for shall be held
not more than twice in any one year in the same district, except
in Washington, where an examination may be held in respect of each
Department as frequently as the head of such Department, subject to the
approval of the President, may direct; and all persons so examined in
Washington, wherever they may reside, shall be entered on the "Record
of persons eligible for appointment" equally as if examined elsewhere.
(14) Whenever the entry of the name of any person has been on the
"Record of persons eligible for appointment" during eighteen consecutive
months, such entry shall be marked "Time expired," and such name shall
not again be placed thereon except as the result of another examination.
(15) Persons who may be required to be examined for any custom-house,
post-office, or other local office or place of service other than
Washington may be notified by the head of such office to appear and be
examined at any examination provided for under this rule; and the result
of such examination shall be reported by the chief examiner or his
substitute to the proper examining board for such office or place, or to
the head of the local office; and such board shall enter the name, with
the proper indication of the grade of excellence, among those who are to
compete at any such place or office, and from whom selection, on the
basis of competition, shall be made.
(16) But where the result of any examination aforesaid shall show the
excellence of any such applicant to be below the minimum grade of 70 per
cent (on the basis of l00 as perfect), the only entry thereof to be made
in registers of the Department or of local office shall be of the words
"Not eligible," which shall be written against the name of such person
in the register of applicants; and such applicant shall not be again
examined for any Department or office within six months of the date of
the former examination.
(17) The provisions of this rule do not apply to examinations
for promotion, nor do they apply to the State Department, in which
examinations will be conducted under the provisions of the Executive
order of March 14, 1873.
(18) Subject to the other provisions of this rule, the times of holding
the examinations herein provided for in the first, third, fourth, and
fifth districts, respectively, shall be fixed by the chief examiner
after consultation with the heads of Departments at Washington. One
examination, however, shall be held in each of the last-mentioned
districts prior to the 1st day of November next, and the chief examiner
shall on or before that date make a report in writing to the Civil
Service Commission, setting forth generally the facts in regard to the
examinations referred to in this rule and appropriate suggestions for
increasing their usefulness.
_Rule 10_.--So many of the persons employed by the President under the
ninth section of the act of March 3, 1871, as are referred to in the
opinion of the Attorney-General of the date of August 31, 1871, under
the name of the Civil Service Commission, and are still in such
employment, together with the successors of those who have resigned,
and their successors, shall hereafter be regarded as composing and shall
be designated as "The Civil Service Commission;" and the use of the
designation "Advisory Board," as referring to such persons, will be
hereafter discontinued.
GENERAL ORDERS, No. 102.
WAR DEPARTMENT,
ADJUTANT-GENERAL'S OFFICE,
_Washington, October 10, 1873_.
The President of the United States commands it to be made known that all
soldiers who have deserted their colors, and who shall, on or before the
1st day of January, 1874, surrender themselves at any military station,
shall receive a full pardon, only forfeiting the pay and allowances due
them at the time of desertion, and shall be restored to duty without
trial or punishment on condition that they faithfully serve through the
term of their enlistment.
By order of the Secretary of War:
E.D. TOWNSEND,
_Adjutant-General_.
FIFTH ANNUAL MESSAGE.
EXECUTIVE MANSION, _December 1, 1873_.
_To the Senate and House of Representatives_:
The year that has passed since the submission of my last message to
Congress has, especially during the latter part of it, been an eventful
one to the country. In the midst of great national prosperity a
financial crisis has occurred that has brought low fortunes of gigantic
proportions; political partisanship has almost ceased to exist,
especially in the agricultural regions; and, finally, the capture upon
the high seas of a vessel bearing our flag has for a time threatened the
most serious consequences, and has agitated the public mind from one end
of the country to the other. But this, happily, now is in the course of
satisfactory adjustment, honorable to both nations concerned.
The relations of the United States, however, with most of the other
powers continue to be friendly and cordial. With France, Germany,
Russia, Italy, and the minor European powers; with Brazil and most of
the South American Republics, and with Japan, nothing has occurred
during the year to demand special notice. The correspondence between the
Department of State and various diplomatic representatives in or from
those countries is transmitted herewith.
In executing the will of Congress, as expressed in its joint resolution
of the 14th of February last, and in accordance with the provisions of
the resolution, a number of "practical artisans," of "scientific men,"
and of "honorary commissioners" were authorized to attend the exposition
at Vienna as commissioners on the part of the United States. It is
believed that we have obtained the object which Congress had in view
when it passed the joint resolution--"in order to enable the people of
the United States to participate in the advantages of the International
Exhibition of the Products of Agriculture, Manufactures, and the Fine
Arts to be held at Vienna." I take pleasure in adding that the American
exhibitors have received a gratifying number of diplomas and of medals.
During the exposition a conference was held at Vienna for the purpose of
consultation on the systems prevailing in different countries for the
protection of inventions. I authorized a representative from the Patent
Office to be present at Vienna at the time when this conference was to
take place, in order to aid as far as he might in securing any possible
additional protection to American inventors in Europe. The report of
this agent will be laid before Congress.
It is my pleasant duty to announce to Congress that the Emperor
of China, on attaining his majority, received the diplomatic
representatives of the Western powers in person. An account of these
ceremonies and of the interesting discussions which preceded them will
be found in the documents transmitted herewith. The accompanying papers
show that some advance, although slight, has been made during the past
year toward the suppression of the infamous Chinese cooly trade. I
recommend Congress to inquire whether additional legislation be not
needed on this subject.
The money awarded to the United States by the tribunal of arbitration at
Geneva was paid by Her Majesty's Government a few days in advance of the
time when it would have become payable according to the terms of the
treaty. In compliance with the provisions of the act of March 3, 1873,
it was at once paid into the Treasury, and used to redeem, so far as it
might, the public debt of the United States; and the amount so redeemed
was invested in a 5 per cent registered bond of the United States for
$15,500,000, which is now held by the Secretary of State, subject to the
future disposition of Congress.
I renew my recommendation, made at the opening of the last session of
Congress, that a commission be created for the purpose of auditing and
determining the amounts of the several "direct losses growing out of
the destruction of vessels and their cargoes" by the _Alabama_, the
_Florida_, or the _Shenandoah_ after leaving Melbourne, for which
the sufferers have received no equivalent or compensation, and of
ascertaining the names of the persons entitled to receive compensation
for the same, making the computations upon the basis indicated by the
tribunal of arbitration at Geneva; and that payment of such losses be
authorized to an extent not to exceed the awards of the tribunal at
Geneva.
By an act approved on the 14th day of February last Congress made
provision for completing, jointly with an officer or commissioner
to be named by Her Britannic Majesty, the determination of so much
of the boundary line between the territory of the United States
and the possessions of Great Britain as was left uncompleted by the
commissioners appointed under the act of Congress of August 11, 1856.
Under the provisions of this act the northwest water boundary of the
United States has been determined and marked in accordance with the
award of the Emperor of Germany. A protocol and a copy of the map upon
which the line was thus marked are contained in the papers submitted
herewith.
I also transmit a copy of the report of the commissioner for marking the
northern boundary between the United States and the British possessions
west of the Lake of the Woods, of the operations of the commission
during the past season. Surveys have been made to a point 497 miles west
of the Lake of the Woods, leaving about 350 miles to be surveyed, the
field work of which can be completed during the next season.
The mixed commission organized under the provisions of the treaty of
Washington for settling and determining the claims of citizens of either
power against the other arising out of acts committed against their
persons or property during the period between April 13, 1861, and April
9, 1865, made its final award on the 25th day of September last. It was
awarded that the Government of the United States should pay to the
Government of Her Britannic Majesty, within twelve months from the date
of the award, the sum of $1,929,819 in gold. The commission disallowed
or dismissed all other claims of British subjects against the United
States. The amount of the claims presented by the British Government,
but disallowed or dismissed, is understood to be about $93,000,000. It
also disallowed all the claims of citizens of the United States against
Great Britain which were referred to it.
I recommend the early passage of an act appropriating the amount
necessary to pay this award against the United States.
I have caused to be communicated to the Government of the King of Italy
the thanks of this Government for the eminent services rendered by
Count Corti as the third commissioner on this commission. With dignity,
learning, and impartiality he discharged duties requiring great labor
and constant patience, to the satisfaction, I believe, of both
Governments. I recommend legislation to create a special court, to
consist of three judges, who shall be empowered to hear and determine
all claims of aliens upon the United States arising out of acts
committed against their persons or property during the insurrection.
The recent reference under the treaty of Washington was confined to
claims of British subjects arising during the period named in the
treaty; but it is understood that there are other British claims of a
similar nature, arising after the 9th of April, 1865, and it is known
that other claims of a like nature are advanced by citizens or subjects
of other powers. It is desirable to have these claims also examined and
disposed of.
Official information being received from the Dutch Government of a state
of war between the King of the Netherlands and the Sultan of Acheen, the
officers of the United States who were near the seat of the war were
instructed to observe an impartial neutrality. It is believed that they
have done so.
The joint commission under the convention with Mexico of 1868, having
again been legally prolonged, has resumed its business, which, it
is hoped, may be brought to an early conclusion. The distinguished
representative of Her Britannic Majesty at Washington has kindly
consented, with the approval of his Government, to assume the arduous
and responsible duties of umpire in this commission, and to lend the
weight of his character and name to such decisions as may not receive
the acquiescence of both the arbitrators appointed by the respective
Governments.
The commissioners appointed pursuant to the authority of Congress to
examine into the nature and extent of the forays by trespassers from
that country upon the herds of Texas have made a report, which will be
submitted for your consideration.
The Venezuelan Government has been apprised of the sense of Congress in
regard to the awards of the joint commission under the convention of
25th April, 1866, as expressed in the act of the 25th of February last.
It is apprehended that that Government does not realize the character of
its obligations under that convention. As there is reason to believe,
however, that its hesitancy in recognizing them springs, in part at
least, from real difficulty in discharging them in connection with its
obligations to other governments, the expediency of further forbearance
on our part is believed to be worthy of your consideration.
The Ottoman Government and that of Egypt have latterly shown a
disposition to relieve foreign consuls of the judicial powers which
heretofore they have exercised in the Turkish dominions, by organizing
other tribunals. As Congress, however, has by law provided for the
discharge of judicial functions by consuls of the United States in that
quarter under the treaty of 1830, I have not felt at liberty formally
to accept the proposed change without the assent of Congress, whose
decision upon the subject at as early a period as may be convenient is
earnestly requested.
I transmit herewith, for the consideration and determination of
Congress, an application of the Republic of Santo Domingo to this
Government to exercise a protectorate over that Republic.
Since the adjournment of Congress the following treaties with foreign
powers have been proclaimed: A naturalization convention with Denmark; a
convention with Mexico for renewing the Claims Commission; a convention
of friendship, commerce, and extradition with the Orange Free State, and
a naturalization convention with Ecuador.
I renew the recommendation made in my message of December, 1870, that
Congress authorize the Postmaster-General to issue all commissions to
officials appointed through his Department.
I invite the earnest attention of Congress to the existing laws of the
United States respecting expatriation and the election of nationality
by individuals. Many citizens of the United States reside permanently
abroad with their families. Under the provisions of the act approved
February 10, 1855, the children of such persons are to be deemed and
taken to be citizens of the United States, but the rights of citizenship
are not to descend to persons whose fathers never resided in the United
States.
It thus happens that persons who have never resided within the United
States have been enabled to put forward a pretension to the protection
of the United States against the claim to military service of the
government under whose protection they were born and have been reared.
In some cases even naturalized citizens of the United States have
returned to the land of their birth, with intent to remain there, and
their children, the issue of a marriage contracted there after their
return, and who have never been in the United States, have laid claim to
our protection when the lapse of many years had imposed upon them the
duty of military service to the only government which had ever known
them personally.
Until the year 1868 it was left, embarrassed by conflicting opinions of
courts and of jurists, to determine how far the doctrine of perpetual
allegiance derived from our former colonial relations with Great Britain
was applicable to American citizens. Congress then wisely swept these
doubts away by enacting that--
Any declaration, instruction, opinion, order, or decision of any officer
of this Government which denies, restricts, impairs, or questions the
right of expatriation is inconsistent with the fundamental principles of
this Government.
But Congress did not indicate in that statute, nor has it since done so,
what acts are to be deemed to work expatriation. For my own guidance
in determining such questions I required (under the provisions of the
Constitution) the opinion in writing of the principal officer in each
of the Executive Departments upon certain questions relating to this
subject. The result satisfies me that further legislation has become
necessary. I therefore commend the subject to the careful consideration
of Congress, and I transmit herewith copies of the several opinions of
the principal officers of the Executive Departments, together with other
correspondence and pertinent information on the same subject.
The United States, who led the way in the overthrow of the feudal
doctrine of perpetual allegiance, are among the last to indicate how
their own citizens may elect another nationality. The papers submitted
herewith indicate what is necessary to place us on a par with other
leading nations in liberality of legislation on this international
question. We have already in our treaties assented to the principles
which would need to be embodied in laws intended to accomplish such
results. We have agreed that citizens of the United States may cease to
be citizens and may voluntarily render allegiance to other powers. We
have agreed that residence in a foreign land without intent to return,
shall of itself work expatriation. We have agreed in some instances upon
the length of time necessary for such continued residence to work a
presumption of such intent. I invite Congress now to mark out and define
when and how expatriation can be accomplished; to regulate by law the
condition of American women marrying foreigners; to fix the status of
children born in a foreign country of American parents residing more or
less permanently abroad, and to make rules for determining such other
kindred points as may seem best to Congress.
In compliance with the request of Congress, I transmitted to the
American minister at Madrid, with instructions to present it to the
Spanish Government, the joint resolution approved on the 3d of March
last, tendering to the people of Spain, in the name and on the behalf of
the American people, the congratulations of Congress upon the efforts to
consolidate in Spain the principles of universal liberty in a republican
form of government.
The existence of this new Republic was inaugurated by striking the
fetters from the slaves in Porto Rico. This beneficent measure was
followed by the release of several thousand persons illegally held as
slaves in Cuba. Next, the Captain-General of that colony was deprived of
the power to set aside the orders of his superiors at Madrid, which had
pertained to the office since 1825. The sequestered estates of American
citizens, which had been the cause of long and fruitless correspondence,
were ordered to be restored to their owners. All these liberal steps
were taken in the face of a violent opposition directed by the
reactionary slaveholders of Havana, who are vainly striving to stay the
march of ideas which has terminated slavery in Christendom, Cuba only
excepted. Unhappily, however, this baneful influence has thus far
succeeded in defeating the efforts of all liberal-minded men in Spain to
abolish slavery in Cuba, and in preventing the promised reform in that
island. The struggle for political supremacy continues there.
The proslavery and aristocratic party in Cuba is gradually arraigning
itself in more and more open hostility and defiance of the home
government, while it still maintains a political connection with the
Republic in the peninsula; and although usurping and defying the
authority of the home government whenever such usurpation or defiance
tends in the direction of oppression or of the maintenance of abuses,
it is still a power in Madrid, and is recognized by the Government.
Thus an element more dangerous to continued colonial relations between
Cuba and Spain than that which inspired the insurrection at Yara--an
element opposed to granting any relief from misrule and abuse, with
no aspirations after freedom, commanding no sympathies in generous
breasts, aiming to rivet still stronger the shackles of slavery and
oppression--has seized many of the emblems of power in Cuba, and,
under professions of loyalty to the mother country, is exhausting the
resources of the island, and is doing acts which are at variance with
those principles of justice, of liberality, and of right which give
nobility of character to a republic. In the interests of humanity,
of civilization, and of progress, it is to be hoped that this evil
influence may be soon averted.
The steamer _Virginius_ was on the 26th day of September, 1870, duly
registered at the port of New York as a part of the commercial marine
of the United States. On the 4th of October, 1870, having received the
certificate of her register in the usual legal form, she sailed from
the port of New York and has not since been within the territorial
jurisdiction of the United States. On the 31st day of October last,
while sailing under the flag of the United States on the high seas, she
was forcibly seized by the Spanish gunboat _Tornado_, and was carried
into the port of Santiago de Cuba, where fifty-three of her passengers
and crew were inhumanly, and, so far at least as relates to those who
were citizens of the United States, without due process of law, put to
death.
It is a well-established principle, asserted by the United States from
the beginning of their national independence, recognized by Great
Britain and other maritime powers, and stated by the Senate in a
resolution passed unanimously on the 16th of June, 1858, that--
American vessels on the high seas in time of peace, bearing the
American flag, remain under the jurisdiction of the country to which
they belong, and therefore any visitation, molestation, or detention
of such vessel by force, or by the exhibition of force, on the part
of a foreign power is in derogation of the sovereignty of the United
States.
In accordance with this principle, the restoration of the _Virginius_
and the surrender of the survivors of her passengers and crew, and a due
reparation to the flag, and the punishment of the authorities who had
been guilty of the illegal acts of violence, were demanded. The Spanish
Government has recognized the justice of the demand, and has arranged
for the immediate delivery of the vessel, and for the surrender of the
survivors of the passengers and crew, and for a salute to the flag, and
for proceedings looking to the punishment of those who may be proved to
have been guilty of illegal acts of violence toward citizens of the
United States, and also toward indemnifying those who may be shown to be
entitled to indemnity. A copy of a protocol of a conference between the
Secretary of State and the Spanish minister, in which the terms of this
arrangement were agreed to, is transmitted herewith.
The correspondence on this subject with the legation of the United
States in Madrid was conducted in cipher and by cable, and needs the
verification of the actual text of the correspondence. It has seemed
to me to be due to the importance of the case not to submit this
correspondence until the accurate text can be received by mail. It is
expected shortly, and will be submitted when received.
In taking leave of this subject for the present I wish to renew the
expression of my conviction that the existence of African slavery in
Cuba is a principal cause of the lamentable condition of the island.
I do not doubt that Congress shares with me the hope that it will
soon be made to disappear, and that peace and prosperity may follow
its abolition.
The embargoing of American estates in Cuba, cruelty to American citizens
detected in no act of hostility to the Spanish Government, the murdering
of prisoners taken with arms in their hands, and, finally, the capture
upon the high seas of a vessel sailing under the United States flag
and bearing a United States registry have culminated in an outburst
of indignation that has seemed for a time to threaten war. Pending
negotiations between the United States and the Government of Spain on
the subject of this capture, I have authorized the Secretary of the
Navy to put our Navy on a war footing, to the extent, at least, of the
entire annual appropriation for that branch of the service, trusting
to Congress and the public opinion of the American people to justify
my action.
Assuming from the action of the last Congress in appointing a Committee
on Privileges and Elections to prepare and report to this Congress a
constitutional amendment to provide a better method of electing the
President and Vice-President of the United States, and also from the
necessity of such an amendment, that there will be submitted to the
State legislatures for ratification such an improvement in our
Constitution, I suggest two others for your consideration:
First. To authorize the Executive to approve of so much of any measure
passing the two Houses of Congress as his judgment may dictate, without
approving the whole, the disapproved portion or portions to be subjected
to the same rules as now, to wit, to be referred back to the House in
which the measure or measures originated, and, if passed by a two-thirds
vote of the two Houses, then to become a law without the approval of the
President. I would add to this a provision that there should be no
legislation by Congress during the last twenty-four hours of its
sitting, except upon vetoes, in order to give the Executive an
opportunity to examine and approve or disapprove bills understandingly.
Second. To provide by amendment that when an extra session of Congress
is convened by Executive proclamation legislation during the continuance
of such extra session shall be confined to such subjects as the
Executive may bring before it from time to time in writing.
The advantages to be gained by these two amendments are too obvious for
me to comment upon them. One session in each year is provided for by the
Constitution, in which there are no restrictions as to the subjects of
legislation by Congress. If more are required, it is always in the power
of Congress, during their term of office, to provide for sessions at any
time. The first of these amendments would protect the public against the
many abuses and waste of public moneys which creep into appropriation
bills and other important measures passing during the expiring hours of
Congress, to which otherwise due consideration can not be given.
TREASURY DEPARTMENT.
The receipts of the Government from all sources for the last fiscal
year were $333,738,204, and expenditures on all accounts $290,345,245,
thus showing an excess of receipts over expenditures of $43,392,959.
But it is not probable that this favorable exhibit will be shown for the
present fiscal year. Indeed, it is very doubtful whether, except with
great economy on the part of Congress in making appropriations and the
same economy in administering the various Departments of Government,
the revenues will not fall short of meeting actual expenses, including
interest on the public debt.
I commend to Congress such economy, and point out two sources where it
seems to me it might commence, to wit, in the appropriations for public
buildings in the many cities where work has not yet been commenced; in
the appropriations for river and harbor improvement in those localities
where the improvements are of but little benefit to general commerce,
and for fortifications.
There is a still more fruitful source of expenditure, which I will point
out later in this message. I refer to the easy method of manufacturing
claims for losses incurred in suppressing the late rebellion.
I would not be understood here as opposing the erection of good,
substantial, and even ornamental buildings by the Government wherever
such buildings are needed. In fact, I approve of the Government owning
its own buildings in all sections of the country, and hope the day is
not far distant when it will not only possess them, but will erect
in the capital suitable residences for all persons who now receive
commutation for quarters or rent at Government expense, and for the
Cabinet, thus setting an example to the States which may induce them to
erect buildings for their Senators. But I would have this work conducted
at a time when the revenues of the country would abundantly justify it.
The revenues have materially fallen off for the first five months of
the present fiscal year from what they were expected to produce, owing
to the general panic now prevailing, which commenced about the middle
of September last. The full effect of this disaster, if it should not
prove a "blessing in disguise," is yet to be demonstrated. In either
event it is your duty to heed the lesson and to provide by wise and
well-considered legislation, as far as it lies in your power, against
its recurrence, and to take advantage of all benefits that may have
accrued.
My own judgment is that, however much individuals may have suffered, one
long step has been taken toward specie payments; that we can never have
permanent prosperity until a specie basis is reached; and that a specie
basis can not be reached and maintained until our exports, exclusive
of gold, pay for our imports, interest due abroad, and other specie
obligations, or so nearly so as to leave an appreciable accumulation
of the precious metals in the country from the products of our mines.
The development of the mines of precious metals during the past year and
the prospective development of them for years to come are gratifying in
their results. Could but one-half of the gold extracted from the mines
be retained at home, our advance toward specie payments would be rapid.
To increase our exports sufficient currency is required to keep all the
industries of the country employed. Without this national as well as
individual bankruptcy must ensue. Undue inflation, on the other hand,
while it might give temporary relief, would only lead to inflation
of prices, the impossibility of competing in our own markets for the
products of home skill and labor, and repeated renewals of present
experiences. Elasticity to our circulating medium, therefore, and just
enough of it to transact the legitimate business of the country and to
keep all industries employed, is what is most to be desired. The exact
medium is specie, the recognized medium of exchange the world over. That
obtained, we shall have a currency of an exact degree of elasticity.
If there be too much of it for the legitimate purposes of trade and
commerce, it will flow out of the country. If too little, the reverse
will result. To hold what we have and to appreciate our currency to that
standard is the problem deserving of the most serious consideration of
Congress.
The experience of the present panic has proven that the currency of the
country, based, as it is, upon the credit of the country, is the best
that has ever been devised. Usually in times of such trials currency
has become worthless, or so much depreciated in value as to inflate the
values of all the necessaries of life as compared with the currency.
Everyone holding it has been anxious to dispose of it on any terms.
Now we witness the reverse. Holders of currency hoard it as they did
gold in former experiences of a like nature.
It is patent to the most casual observer that much more currency, or
money, is required to transact the legitimate trade of the country
during the fall and winter months, when the vast crops are being
removed, than during the balance of the year. With our present system
the amount in the country remains the same throughout the entire year,
resulting in an accumulation of all the surplus capital of the country
in a few centers when not employed in the moving of crops, tempted
there by the offer of interest on call loans. Interest being paid,
this surplus capital must earn this interest paid with a profit. Being
subject to "call," it can not be loaned, only in part at best, to the
merchant or manufacturer for a fixed term. Hence, no matter how much
currency there might be in the country, it would be absorbed, prices
keeping pace with the volume, and panics, stringency, and disasters
would ever be recurring with the autumn. Elasticity in our monetary
system, therefore, is the object to be attained first, and next to that,
as far as possible, a prevention of the use of other people's money in
stock and other species of speculation. To prevent the latter it seems
to me that one great step would be taken by prohibiting the national
banks from paying interest on deposits, by requiring them to hold their
reserves in their own vaults, and by forcing them into resumption,
though it would only be in legal-tender notes. For this purpose I would
suggest the establishment of clearing houses for your consideration.
To secure the former many plans have been suggested, most, if not all,
of which look to me more like inflation on the one hand, or compelling
the Government, on the other, to pay interest, without corresponding
benefits, upon the surplus funds of the country during the seasons when
otherwise unemployed.
I submit for your consideration whether this difficulty might not be
overcome by authorizing the Secretary of the Treasury to issue at any
time to national banks of issue any amount of their own notes below
a fixed percentage of their issue (say 40 per cent), upon the banks'
depositing with the Treasurer of the United States an amount of
Government bonds equal to the amount of notes demanded, the banks to
forfeit to the Government, say, 4 per cent of the interest accruing on
the bonds so pledged during the time they remain with the Treasurer
as security for the increased circulation, the bonds so pledged to be
redeemable by the banks at their pleasure, either in whole or in part,
by returning their own bills for cancellation to an amount equal
to the face of the bonds withdrawn. I would further suggest for your
consideration the propriety of authorizing national banks to diminish
their standing issue at pleasure, by returning for cancellation their
own bills and withdrawing so many United States bonds as are pledged
for the bills returned.
In view of the great actual contraction that has taken place in the
currency and the comparative contraction continuously going on, due
to the increase of population, increase of manufactories and all the
industries, I do not believe there is too much of it now for the dullest
period of the year. Indeed, if clearing houses should be established,
thus forcing redemption, it is a question for your consideration whether
banking should not be made free, retaining all the safeguards now
required to secure bill holders. In any modification of the present
laws regulating national banks, as a further step toward preparing
for resumption of specie payments, I invite your attention to a
consideration of the propriety of exacting from them the retention as a
part of their reserve either the whole or a part of the gold interest
accruing upon the bonds pledged as security for their issue. I have not
reflected enough on the bearing this might have in producing a scarcity
of coin with which to pay duties on imports to give it my positive
recommendation. But your attention is invited to the subject.
During the last four years the currency has been contracted, directly,
by the withdrawal of 3 per cent certificates, compound-interest notes,
and "seven-thirty" bonds outstanding on the 4th of March, 1869, all of
which took the place of legal-tenders in the bank reserves to the extent
of $63,000,000.
During the same period there has been a much larger comparative
contraction of the currency. The population of the country has largely
increased. More than 25,000 miles of railroad have been built, requiring
the active use of capital to operate them. Millions of acres of land
have been opened to cultivation, requiring capital to move the products.
Manufactories have multiplied beyond all precedent in the same period
of time, requiring capital weekly for the payment of wages and for
the purchase of material; and probably the largest of all comparative
contraction arises from the organizing of free labor in the South. Now
every laborer there receives his wages, and, for want of savings banks,
the greater part of such wages is carried in the pocket or hoarded until
required for use.
These suggestions are thrown out for your consideration, without any
recommendation that they shall be adopted literally, but hoping that
the best method may be arrived at to secure such an elasticity of the
currency as will keep employed all the industries of the country and
prevent such an inflation as will put off indefinitely the resumption
of specie payments, an object so devoutly to be wished for by all,
and by none more earnestly than the class of people most directly
interested--those who "earn their bread by the sweat of their brow."
The decisions of Congress on this subject will have the hearty support
of the Executive.
In previous messages I have called attention to the decline in American
shipbuilding and recommended such legislation as would secure to us our
proportion of the carrying trade. Stimulated by high rates and abundance
of freight, the progress for the last year in shipbuilding has been very
satisfactory. There has been an increase of about 3 per cent in the
amount transported in American vessels over the amount of last year.
With the reduced cost of material which has taken place, it may
reasonably be hoped that this progress will be maintained, and even
increased. However, as we pay about $80,000,000 per annum to foreign
vessels for the transportation to a market of our surplus products, thus
increasing the balance of trade against us to this amount, the subject
is one worthy of your serious consideration.
"Cheap transportation" is a subject that has attracted the attention of
both producers and consumers for the past few years, and has contributed
to, if it has not been the direct cause of, the recent panic and
stringency.
As Congress, at its last session, appointed a special committee to
investigate this whole subject during the vacation and report at this
session, I have nothing to recommend until their report is read.
There is one work, however, of a national character, in which the
greater portion of the East and the West, the North and the South, are
equally interested, to which I will invite your attention.
The State of New York has a canal connecting Lake Erie with tide water
on the Hudson River. The State of Illinois has a similar work connecting
Lake Michigan with navigable water on the Illinois River, thus making
water communication inland between the East and the West and South.
These great artificial water courses are the property of the States
through which they pass, and pay toll to those States. Would it not be
wise statesmanship to pledge these States that if they will open these
canals for the passage of large vessels the General Government will look
after and keep in navigable condition the great public highways with
which they connect, to wit, the Overslaugh on the Hudson, the St. Clair
Flats, and the Illinois and Mississippi rivers? This would be a national
work; one of great value to the producers of the West and South in
giving them cheap transportation for their produce to the seaboard and
a market, and to the consumers in the East in giving them cheaper food,
particularly of those articles of food which do not find a foreign
market, and the prices of which, therefore, are not regulated by foreign
demands. The advantages of such a work are too obvious for argument.
I submit the subject to you, therefore, without further comment.
In attempting to regain our lost commerce and carrying trade I have
heretofore called attention to the States south of us offering a field
where much might be accomplished. To further this object I suggest
that a small appropriation be made, accompanied with authority for the
Secretary of the Navy to fit out a naval vessel to ascend the Amazon
River to the mouth of the Madeira; thence to explore that river and its
tributaries into Bolivia, and to report to Congress at its next session,
or as soon as practicable, the accessibility of the country by water,
its resources, and the population so reached. Such an exploration would
cost but little; it can do no harm, and may result in establishing a
trade of value to both nations.
In further connection with the Treasury Department I would recommend
a revision and codification of the tariff laws and the opening of more
mints for coming money, with authority to coin for such nations as may
apply.
WAR DEPARTMENT.
The attention of Congress is invited to the recommendations contained
in the report of the Secretary of War herewith accompanying.
The apparent great cost of supporting the Army is fully explained by
this report, and I hope will receive your attention.
While inviting your general attention to all the recommendations made by
the Secretary of War, there are two which I would especially invite you
to consider: First, the importance of preparing for war in time of peace
by providing proper armament for our seacoast defenses. Proper armament
is of vastly more importance than fortifications. The latter can be
supplied very speedily for temporary purposes when needed; the former
can not. The second is the necessity of reopening promotion in the staff
corps of the Army. Particularly is this necessity felt in the Medical,
Pay, and Ordnance departments.
At this time it is necessary to employ "contract surgeons" to supply the
necessary medical attendance required by the Army.
With the present force of the Pay Department it is now difficult to make
the payments to troops provided for by law. Long delays in payments are
productive of desertions and other demoralization, and the law prohibits
the payment of troops by other than regular army paymasters.
There are now sixteen vacancies in the Ordnance Department, thus leaving
that branch of the service without sufficient officers to conduct the
business of the different arsenals on a large scale if ever required.
NAVY DEPARTMENT.
During the past year our Navy has been depleted by the sale of some
vessels no longer fit for naval service and by the condemnation of
others not yet disposed of. This, however, has been more than
compensated for by the repair of six of the old wooden ships and by the
building of eight new sloops of war, authorized by the last Congress.
The building of these latter has occurred at a doubly fortunate time.
They are about being completed at a time when they may possibly be much
needed, and the work upon them has not only given direct employment
to thousands of men, but has no doubt been the means of keeping open
establishments for other work at a time of great financial distress.
Since the commencement of the last month, however, the distressing
occurrences which have taken place in the waters of the Caribbean Sea,
almost on our very seaboard, while they illustrate most forcibly the
necessity always existing that a nation situated like ours should
maintain in a state of possible efficiency a navy adequate to its
responsibilities, has at the same time demanded that all the effective
force we really have shall be put in immediate readiness for warlike
service. This has been and is being done promptly and effectively, and
I am assured that all the available ships and every authorized man of
the American Navy will be ready for whatever action is required for
the safety of our citizens or the maintenance of our honor. This, of
course, will require the expenditure in a short time of some of the
appropriations which were calculated to extend through the fiscal year,
but Congress will, I doubt not, understand and appreciate the emergency,
and will provide adequately not only for the present preparation, but
for the future maintenance of our naval force. The Secretary of the Navy
has during the past year been quietly putting some of our most effective
monitors in condition for service, and thus the exigency finds us in a
much better condition for work than we could possibly have been without
his action.
POST-OFFICE DEPARTMENT.
A complete exhibit is presented in the accompanying report of the
Postmaster-General of the operations of the Post-Office Department
during the year. The ordinary postal revenues for the fiscal year ended
June 30, 1873, amounted to $22,996,741.57, and the expenditures of
all kinds to $29,084,945.67. The increase of revenues over 1872 was
$1,081,315.20, and the increase of expenditures $2,426,753.36.
Independent of the payments made from special appropriations for mail
steamship lines, the amount drawn from the General Treasury to meet
deficiencies was $5,265,475. The constant and rapid extension of our
postal service, particularly upon railways, and the improved facilities
for the collection, transmission, distribution, and delivery of the
mails which are constantly being provided account for the increased
expenditures of this popular branch of the public service.
The total number of post-offices in operation on June 30, 1873, was
33,244, a net increase of 1,381 over the number reported the preceding
year. The number of Presidential offices was 1,363, an increase of 163
during the year. The total length of railroad mail routes at the close
of the year was 63,457 miles, an increase of 5,546 miles over the year
1872. Fifty-nine railway post-office lines were in operation June 30,
1873, extending over 14,866 miles of railroad routes and performing an
aggregate service of 34,925 miles daily.
The number of letters exchanged with foreign countries was 27,459,185,
an increase of 3,096,685 over the previous year, and the postage thereon
amounted to $2,021,310.86. The total weight of correspondence exchanged
in the mails with European countries exceeded 912 tens, an increase of
92 tons over the previous year. The total cost of the United States
ocean steamship service, including $725,000 paid from special
appropriations to subsidized lines of mail steamers, was $1,047,271.35.
New or additional postal conventions have been concluded with Sweden,
Norway, Belgium, Germany, Canada, Newfoundland, and Japan, reducing
postage rates on correspondence exchanged with those countries; and
further efforts have been made to conclude a satisfactory postal
convention with France, but without success.
I invite the favorable consideration of Congress to the suggestions
and recommendations of the Postmaster-General for an extension of the
free-delivery system in all cities having a population of not less than
10,000; for the prepayment of postage on newspapers and other printed
matter of the second class; for a uniform postage and limit of weight on
miscellaneous matter; for adjusting the compensation of all postmasters
not appointed by the President, by the old method of commissions on the
actual receipts of the office, instead of the present mode of fixing
the salary in advance upon special returns; and especially do I urge
favorable action by Congress on the important recommendations of the
Postmaster-General for the establishment of United States postal savings
depositories.
Your attention is also again called to a consideration of the question
of postal telegraphs and the arguments adduced in support thereof, in
the hope that you may take such action in connection therewith as in
your judgment will most contribute to the best interests of the country.
DEPARTMENT OF JUSTICE.
Affairs in Utah require your early and special attention. The Supreme
Court of the United States, in the case of Clinton _vs_. Englebrecht,
decided that the United States marshal of that Territory could not
lawfully summon jurors for the district courts; and those courts hold
that the Territorial marshal can not lawfully perform that duty, because
he is elected by the legislative assembly, and not appointed as provided
for in the act organizing the Territory. All proceedings at law are
practically abolished by these decisions, and there have been but few or
no jury trials in the district courts of that Territory since the last
session of Congress. Property is left without protection by the courts,
and crimes go unpunished. To prevent anarchy there it is absolutely
necessary that Congress provide the courts with some mode of obtaining
jurors, and I recommend legislation to that end, and also that the
probate courts of the Territory, now assuming to issue writs of
injunction and _habeas corpus_ and to try criminal cases and questions
as to land titles, be denied all jurisdiction not possessed ordinarily
by courts of that description.
I have become impressed with the belief that the act approved March 2,
1867, entitled "An act to establish a uniform system of bankruptcy
throughout the United States," is productive of more evil than good at
this time. Many considerations might be urged for its total repeal, but,
if this is not considered advisable, I think it will not be seriously
questioned that those portions of said act providing for what is called
involuntary bankruptcy operate to increase the financial embarrassments
of the country. Careful and prudent men very often become involved in
debt in the transaction of their business, and though they may possess
ample property, if it could be made available for that purpose, to meet
all their liabilities, yet, on account of the extraordinary scarcity
of money, they may be unable to meet all their pecuniary obligations
as they become due, in consequence of which they are liable to be
prostrated in their business by proceedings in bankruptcy at the
instance of unrelenting creditors. People are now so easily alarmed as
to monetary matters that the mere filing of a petition in bankruptcy
by an unfriendly creditor will necessarily embarrass, and oftentimes
accomplish the financial ruin, of a responsible business man. Those who
otherwise might make lawful and just arrangements to relieve themselves
from difficulties produced by the present stringency in money are
prevented by their constant exposure to attack and disappointment by
proceedings against them in bankruptcy, and, besides, the law is made
use of in many cases by obdurate creditors to frighten or force debtors
into a compliance with their wishes and into acts of injustice to other
creditors and to themselves. I recommend that so much of said act as
provides for involuntary bankruptcy on account of the suspension of
payment be repealed.
Your careful attention is invited to the subject of claims against the
Government and to the facilities afforded by existing laws for their
prosecution. Each of the Departments of State, Treasury, and War has
demands for many millions of dollars upon its files, and they are
rapidly accumulating. To these may be added those now pending before
Congress, the Court of Claims, and the Southern Claims Commission,
making in the aggregate an immense sum. Most of these grow out of the
rebellion, and are intended to indemnify persons on both sides for
their losses during the war; and not a few of them are fabricated and
supported by false testimony. Projects are on foot, it is believed, to
induce Congress to provide for new classes of claims, and to revive old
ones through the repeal or modification of the statute of limitations,
by which they are now barred. I presume these schemes, if proposed, will
be received with little favor by Congress, and I recommend that persons
having claims against the United States cognizable by any tribunal or
Department thereof be required to present them at an early day, and that
legislation be directed as far as practicable to the defeat of unfounded
and unjust demands upon the Government; and I would suggest, as a means
of preventing fraud, that witnesses be called upon to appear in person
to testify before those tribunals having said claims before them for
adjudication. Probably the largest saving to the National Treasury can
be secured by timely legislation on these subjects of any of the
economic measures that will be proposed.
You will be advised of the operations of the Department of Justice by
the report of the Attorney-General, and I invite your attention to the
amendments of existing laws suggested by him, with the view of reducing
the expenses of that Department.
DEPARTMENT OF THE INTERIOR.
The policy inaugurated toward the Indians at the beginning of the
last Administration has been steadily pursued, and, I believe, with
beneficial results. It will be continued with only such modifications
as time and experience may demonstrate as necessary.
With the encroachment of civilization upon the Indian reservations and
hunting grounds, disturbances have taken place between the Indians and
whites during the past year, and probably will continue to do so until
each race appreciates that the other has rights which must be respected.
The policy has been to collect the Indians as rapidly as possible on
reservations, and as far as practicable within what is known as the
Indian Territory, and to teach them the arts of civilization and
self-support. Where found off their reservations, and endangering the
peace and safety of the whites, they have been punished, and will
continue to be for like offenses.
The Indian Territory south of Kansas and west of Arkansas is sufficient
in area and agricultural resources to support all the Indians east of
the Rocky Mountains. In time, no doubt, all of them, except a few who
may elect to make their homes among white people, will be collected
there. As a preparatory step for this consummation, I am now satisfied
that a Territorial form of government should be given them, which will
secure the treaty rights of the original settlers and protect their
homesteads from alienation for a period of twenty years.
The operations of the Patent Office are growing to such a magnitude and
the accumulation of material is becoming so great that the necessity of
more room is becoming more obvious day by day. I respectfully invite
your attention to the reports of the Secretary of the Interior and
Commissioner of Patents on this subject.
The business of the General Land Office exhibits a material increase
in all its branches during the last fiscal year. During that time
there were disposed of out of the public lands 13,030,606 acres, being
an amount greater by 1,165,631 acres than was disposed of during the
preceding year. Of the amount disposed of, 1,626,266 acres were sold for
cash, 214,940 acres were located with military land warrants, 3,793,612
acres were taken for homesteads, 653,446 acres were located with
agricultural-college scrip, 6,083,536 acres were certified by railroads,
76,576 acres were granted to wagon roads, 238,548 acres were approved
to States as swamp lands, 138,681 acres were certified for agricultural
colleges, common schools, universities, and seminaries, 190,775 acres
were approved to States for internal improvements, and 14,222 acres
were located with Indian scrip. The cash receipts during the same time
were $3,408,515.50, being $190,415.50 in excess of the receipts of the
previous year. During the year 30,488,132 acres of public land were
surveyed, an increase over the amount surveyed the previous year of
1,037,193 acres, and, added to the area previously surveyed, aggregates
616,554,895 acres which have been surveyed, leaving 1,218,443,505 acres
of the public land still unsurveyed.
The increased and steadily increasing facilities for reaching our
unoccupied public domain and for the transportation of surplus products
enlarge the available field for desirable homestead locations, thus
stimulating settlement and extending year by year in a gradually
increasing ratio the area of occupation and cultivation.
The expressed desire of the representatives of a large colony of
citizens of Russia to emigrate to this country, as is understood, with
the consent of their Government, if certain concessions can be made to
enable them to settle in a compact colony, is of great interest, as
going to show the light in which our institutions are regarded by an
industrious, intelligent, and wealthy people, desirous of enjoying civil
and religious liberty; and the acquisition of so large an immigration of
citizens of a superior class would without doubt be of substantial
benefit to the country. I invite attention to the suggestion of the
Secretary of the Interior in this behalf.
There was paid during the last fiscal year for pensions, including the
expense of disbursement, $29,185,289.62, being an amount less by
$984,050.98 than was expended for the same purpose the preceding year.
Although this statement of expenditures would indicate a material
reduction in amount compared with the preceding year, it is believed
that the changes in the pension laws at the last session of Congress
will absorb that amount the current year. At the close of the last
fiscal year there were on the pension rolls 99,804 invalid military
pensioners and 112,088 widows, orphans, and dependent relatives of
deceased soldiers, making a total of that class of 211,892; 18,266
survivors of the War of 1812 and 5,053 widows of soldiers of that war
pensioned under the act of Congress of February 14, 1871, making a total
of that class of 23,319; 1,430 invalid navy pensioners and 1,770 widows,
orphans, and dependent relatives of deceased officers, sailors, and
marines of the Navy, making a total of navy pensioners of 3,200, and
a grand total of pensioners of all classes of 238,411, showing a net
increase during the last fiscal year of 6,182. During the last year the
names of 16,405 pensioners were added to the rolls, and 10,223 names
were dropped therefrom for various causes.
The system adopted for the detection of frauds against the Government in
the matter of pensions has been productive of satisfactory results, but
legislation is needed to provide, if possible, against the perpetration
of such frauds in future.
The evidently increasing interest in the cause of education is a most
encouraging feature in the general progress and prosperity of the
country, and the Bureau of Education is earnest in its efforts to give
proper direction to the new appliances and increased facilities which
are being offered to aid the educators of the country in their great
work.
The Ninth Census has been completed, the report thereof published
and distributed, and the working force of the Bureau disbanded. The
Secretary of the Interior renews his recommendation for a census to be
taken in 1875, to which subject the attention of Congress is invited.
The original suggestion in that behalf has met with the general approval
of the country; and even if it be not deemed advisable at present to
provide for a regular quinquennial census, a census taken in 1875,
the report of which could be completed and published before the one
hundredth anniversary of our national independence, would be especially
interesting and valuable, as showing the progress of the country during
the first century of our national existence. It is believed, however,
that a regular census every five years would be of substantial benefit
to the country, inasmuch as our growth hitherto has been so rapid that
the results of the decennial census are necessarily unreliable as a
basis of estimates for the latter years of a decennial period.
DISTRICT OF COLUMBIA.
Under the very efficient management of the governor and the board of
public works of this District the city of Washington is rapidly assuming
the appearance of a capital of which the nation may well be proud.
From being a most unsightly place three years ago, disagreeable to
pass through in summer in consequence of the dust arising from unpaved
streets, and almost impassable in the winter from the mud, it is now one
of the most sightly cities in the country, and can boast of being the
best paved.
The work has been done systematically, the plans, grades, location of
sewers, water and gas mains being determined upon before the work was
commenced, thus securing permanency when completed. I question whether
so much has ever been accomplished before in any American city for the
same expenditures. The Government having large reservations in the
city, and the nation at large having an interest in their capital,
I recommend a liberal policy toward the District of Columbia, and that
the Government should bear its just share of the expense of these
improvements. Every citizen visiting the capital feels a pride in its
growing beauty, and that he too is part owner in the investments made
here.
I would suggest to Congress the propriety of promoting the establishment
in this District of an institution of learning, or university of the
highest class, by the donation of lands. There is no place better suited
for such an institution than the national capital. There is no other
place in which every citizen is so directly interested.
CIVIL-SERVICE REFORM.
In three successive messages to Congress I have called attention to the
subject of "civil-service reform."
Action has been taken so far as to authorize the appointment of a board
to devise rules governing methods of making appointments and promotions,
but there never has been any action making these rules, or any rules,
binding, or even entitled to observance, where persons desire the
appointment of a friend or the removal of an official who may be
disagreeable to them.
To have any rules effective they must have the acquiescence of Congress
as well as of the Executive. I commend, therefore, the subject to your
attention, and suggest that a special committee of Congress might confer
with the Civil-Service Board during the present session for the purpose
of devising such rules as can be maintained, and which will secure the
services of honest and capable officials, and which will also protect
them in a degree of independence while in office.
Proper rules will protect Congress, as well as the Executive, from much
needless persecution, and will prove of great value to the public at
large.
I would recommend for your favorable consideration the passage of an
enabling act for the admission of Colorado as a State in the Union.
It possesses all the elements of a prosperous State, agricultural and
mineral, and, I believe, has a population now to justify such admission.
In connection with this I would also recommend the encouragement of a
canal for purposes of irrigation from the eastern slope of the Rocky
Mountains to the Missouri River. As a rule I am opposed to further
donations of public lands for internal improvements owned and controlled
by private corporations, but in this instance I would make an exception.
Between the Missouri River and the Rocky Mountains there is an arid belt
of public land from 300 to 500 miles in width, perfectly valueless for
the occupation of man, for the want of sufficient rain to secure the
growth of any product. An irrigating canal would make productive a belt
as wide as the supply of water could be made to spread over across this
entire country, and would secure a cordon of settlements connecting the
present population of the mountain and mining regions with that of the
older States. All the land reclaimed would be clear gain. If alternate
sections are retained by the Government, I would suggest that the
retained sections be thrown open to entry under the homestead laws,
or sold to actual settlers for a very low price.
I renew my previous recommendation to Congress for general amnesty. The
number engaged in the late rebellion yet laboring under disabilities is
very small, but enough to keep up a constant irritation. No possible
danger can accrue to the Government by restoring them to eligibility to
hold office.
I suggest for your consideration the enactment of a law to better secure
the civil rights which freedom should secure, but has not effectually
secured, to the enfranchised slave.
U.S. GRANT.
SPECIAL MESSAGES.
WASHINGTON, _December 2, 1873_.
_To the Senate and House of Representatives_:
I herewith transmit to Congress a report, dated the 2d instant, with
accompanying papers,[76] received from the Secretary of State, in
compliance with the requirements of the sixteenth and eighteenth
sections of the act entitled "An act to regulate the diplomatic and
consular systems of the United States," approved August 18, 1856.
U.S. GRANT.
[Footnote 76: Report of fees collected, etc., by consular officers of the
United States for 1872, list of consular officers and their official
residences, and tariff of consular fees.]
WASHINGTON, _January 5, 1874_.
_To the Senate of the United States_:
I transmit, for the consideration of the Senate with a view to
ratification, a convention for the surrender of criminals between the
United States of America and the Republic of Honduras, which was signed
at Comayagua on the 4th day of June, 1873.
U.S. GRANT.
WASHINGTON, _January 5, 1874_.
_To the Senate and House of Representatives_:
In my annual message of December last I gave reason to expect that when
the full and accurate text of the correspondence relating to the steamer
_Virginius_, which had been telegraphed in cipher, should be received
the papers concerning the capture of the vessel, the execution of a part
of its passengers and crew, and the restoration of the ship and the
survivors would be transmitted to Congress.
In compliance with the expectations then held out, I now transmit the
papers and correspondence on that subject.
On the 26th day of September, 1870, the _Virginius_ was registered in
the custom-house at New York as the property of a citizen of the United
States, he having first made oath, as required by law, that he was "the
true and only owner of the said vessel, and that there was no subject or
citizen of any foreign prince or state, directly or indirectly, by way
of trust, confidence, or otherwise, interested therein."
Having complied with the requisites of the statute in that behalf, she
cleared in the usual way for the port of Curaçoa, and on or about the
4th day of October, 1870, sailed for that port. It is not disputed that
she made the voyage according to her clearance, nor that from that day
to this she has not returned within the territorial jurisdiction of the
United States. It is also understood that she preserved her American
papers, and that when within foreign ports she made the practice of
putting forth a claim to American nationality, which was recognized by
the authorities at such ports.
When, therefore, she left the port of Kingston, in October last, under
the flag of the United States, she would appear to have had, as against
all powers except the United States, the right to fly that flag and to
claim its protection, as enjoyed by all regularly documented vessels
registered as part of our commercial marine.
No state of war existed conferring upon a maritime power the right to
molest and detain upon the high seas a documented vessel, and it can not
be pretended that the _Virginius_ had placed herself without the pale of
all law by acts of piracy against the human race.
If her papers were irregular or fraudulent, the offense was one against
the laws of the United States, justiciable only in their tribunals.
When, therefore, it became known that the _Virginius_ had been captured
on the high seas by a Spanish man-of-war; that the American flag had
been hauled down by the captors; that the vessel had been carried to a
Spanish port, and that Spanish tribunals were taking jurisdiction over
the persons of those found on her, and exercising that jurisdiction upon
American citizens, not only in violation of the rules of international
law, but in contravention of the provisions of the treaty of 1795,
I directed a demand to be made upon Spain for the restoration of the
vessel and for the return of the survivors to the protection of the
United States, for a salute to the flag, and for the punishment of the
offending parties.
The principles upon which these demands rested could not be seriously
questioned, but it was suggested by the Spanish Government that there
were grave doubts whether the _Virginius_ was entitled to the character
given her by her papers, and that therefore it might be proper for the
United States, after the surrender of the vessel and the survivors, to
dispense with the salute to the flag, should such fact be established to
their satisfaction.
This seemed to be reasonable and just. I therefore assented to it, on
the assurance that Spain would then declare that no insult to the flag
of the United States had been intended.
I also authorized an agreement to be made that should it be shown to the
satisfaction of this Government that the _Virginius_ was improperly
bearing the flag proceedings should be instituted in our courts for the
punishment of the offense committed against the United States. On her
part Spain undertook to proceed against those who had offended the
sovereignty of the United States, or who had violated their treaty
rights.
The surrender of the vessel and the survivors to the jurisdiction of the
tribunals of the United States was an admission of the principles upon
which our demands had been founded. I therefore had no hesitation in
agreeing to the arrangement finally made between the two Governments--an
arrangement which was moderate and just, and calculated to cement the
good relations which have so long existed between Spain and the United
States.
Under this agreement the _Virginius_, with the American flag flying, was
delivered to the Navy of the United States at Bahia Honda, in the island
of Cuba, on the 16th ultimo. She was then in an unseaworthy condition.
In the passage to New York she encountered one of the most tempestuous
of our winter storms. At the risk of their lives the officers and crew
placed in charge of her attempted to keep her afloat. Their efforts were
unavailing, and she sank off Cape Fear. The prisoners who survived the
massacres were surrendered at Santiago de Cuba on the 18th ultimo, and
reached the port of New York in safety.
The evidence submitted on the part of Spain to establish the fact that
the _Virginius_ at the time of her capture was improperly bearing the
flag of the United States is transmitted herewith, together with the
opinion of the Attorney-General thereon and a copy of the note of the
Spanish minister, expressing on behalf of his Government a disclaimer
of an intent of indignity to the flag of the United States.
U.S. GRANT.
WASHINGTON, _January 5, 1874_.
_To the Senate of the United States_:
I transmit, for the consideration of the Senate with a view to
ratification, a convention between the United States of America and the
Republic of Salvador, which was signed at San Salvador on the 12th of
May last, stipulating for an extension of the period for exchanging the
ratifications of the treaty of amity, commerce, and consular privileges
concluded between the two countries on the 6th December, 1870.
U.S. GRANT.
WASHINGTON, _January 5, 1874_.
_To the Senate of the United States_:
I transmit, for the consideration of the Senate with a view to
ratification, a convention between the United States of America and
the Republic of Salvador, which was signed at San Salvador on the
12th of May last, for an extension of the period for exchanging the
ratifications of the treaty for the extradition of criminals concluded
between the two countries on the 23d of May, 1870.
U.S. GRANT.
WASHINGTON, _January 6, 1874_.
_To the Senate of the United States_:
I transmit to the Senate an "agreement," signed at Lima on the 5th of
June last by Mr. Francis Thomas, envoy extraordinary and minister
plenipotentiary of the United States, and Mr. José de la Riva Aguero,
minister for foreign affairs of Peru, providing for an extension of the
time for the exchange of the ratifications of the treaty of friendship,
commerce, and navigation and the treaty of extradition between the
United States and Peru of the 6th and 12th of September, 1870,
respectively. The limit of the proposed extension is to be nine months
from the time when the Senate of the United States may approve thereof.
The expediency of this approval is consequently submitted to the
consideration of the Senate. The instruments themselves were approved by
that body on the 31st of March, 1871, and they were ratified by me in
order that our ratifications might be ready for exchange for those of
Peru. The omission of the latter seasonably to perform that act is
understood to have been occasioned solely by the delay in the meeting
of the Congress of that Republic, whose sanction, pursuant to its
constitution, was necessary.
U.S. GRANT.
EXECUTIVE MANSION, _Washington, January 7, 1874_.
_To the House of Representatives_:
In reply to the resolution of the House of Representatives of the 15th
of last December, requesting a revision of the estimates for the
expenses of the Government for the fiscal year ending June 30, 1875, I
have the honor to transmit herewith amended estimates and replies from
the several Departments.
U.S. GRANT.
EXECUTIVE MANSION, _January 8, 1874_.
_To the Senate and House of Representatives_:
In compliance with the act of Congress approved March 3, 1873, entitled
"An act to authorize inquiries into the causes of steam-boiler
explosions," I directed the Secretaries of the Treasury and Navy
Departments to create a commission to conduct the experiments and
collect the information contemplated by the act. Such a commission was
created, and I have the honor to submit herewith a report of the result
of their labors to the present time.
U.S. GRANT.
EXECUTIVE MANSION, _January 13, 1874_.
_To the Senate of the United States_:
Since nominating the Hon. Caleb Gushing for Chief Justice of the Supreme
Court of the United States information has reached me which induces me
to withdraw him from nomination as the highest judicial officer of the
Government, and I do therefore hereby withdraw said nomination.
U.S. GRANT.
EXECUTIVE MANSION, _January 19, 1874_.
_To the Senate of the United States_:
In reply to the resolution of the Senate of the 8th instant, requesting
information "relative to any unauthorized occupation or invasion of or
encroachment upon the Indian Territory, so called, by individuals or
bodies of men, in violation of treaty stipulations," I have the honor to
submit herewith the reply of the Secretary of the Interior, to whom the
resolution was referred.
U.S. GRANT.
WASHINGTON, _January 27, 1874_.
_To the Senate of the United States_:
I transmit, for the consideration of the Senate with a view to its
ratification, a protocol relative to a claim on the Government of Chile
in the case of the ship _Good Return_.
U.S. GRANT.
WASHINGTON, _February 6, 1874_.
_To the House of Representatives_:
I transmit to the House of Representatives, in answer to their
resolution of the 16th ultimo, a report from the Secretary of State,
with accompanying papers.[77]
U.S. GRANT.
[Footnote 77: Correspondence relative to the refusal of the United States
consul at Cadiz, Spain, to certify invoices of wine shipped from that
port, etc.]
WASHINGTON, _February 6, 1874_.
_To the Senate and House of Representatives_:
I transmit herewith a copy of a communication, dated the 22d ultimo,
received from the governor of the State of New York, in which it is
announced that, in accordance with the invitation of Congress as
expressed in the act approved July 2, 1864, that State now presents for
acceptance a bronze statue of George Clinton, deceased, one of its
distinguished citizens.
U.S. GRANT.
EXECUTIVE MANSION, _Washington, February 9, 1874_.
_To the House of Representatives_:
I have the honor to transmit herewith the report of the Secretary of the
Department of the Interior, to whom was referred the resolution of the
House of Representatives of January 7, requesting "a statement of the
extent and nature of the contracts, purchases, and expenditures for the
Indian service made since July 1, 1873, setting forth which, if any,
of them were made or entered into without conference with the Board
of Indian Commissioners appointed by the President, and the extent and
description of contracts and vouchers objected to by said board, stating
to what extent payments have been made thereon against their
remonstrance."
U.S. GRANT.
EXECUTIVE MANSION, _Washington, February 10, 1874_.
_To the House of Representatives_:
I have the honor to transmit herewith reports from the Secretaries of
the War Department and Department of the Interior, to whom were referred
the resolutions of the House of Representatives of the 7th of January
last, requesting "copies of all the correspondence between the different
Departments of the Government and the peace commissioners during the war
with the Modoc Indians in southern Oregon and northern California during
the years 1872 and 1873; also copies of all the correspondence with and
orders issued to the military authorities engaged in said war up to the
period of the removal of said Modoc Indians from the States of Oregon
and California."
U.S. GRANT.
WASHINGTON, _February 17, 1874_.
_To the Senate and House of Representatives_:
I transmit herewith a communication from the Secretary of State and
accompanying papers.[78]
U.S. GRANT.
[Footnote 78: Report of John M. Thacher, United States delegate to the
International Patent Congress held at Vienna in August, 1873, and
exhibits.]
EXECUTIVE MANSION, _February 19, 1874_.
_To the Senate and House of Representatives_:
I have the honor to transmit herewith a memorial upon the "cultivation
of timber and the preservation of forests," and a draft of a joint
resolution prepared by the American Association for the Advancement of
Science, together with a communication from the Commissioner of the
General Land Office upon the same subject.
U.S. GRANT.
EXECUTIVE MANSION, _Washington, February 25, 1874_.
_To the Senate and House of Representatives_:
I have the honor herewith to submit the report of the Centennial
Commissioners, and to add a word in the way of recommendation.
There have now been international expositions held by three of the great
powers of Europe. It seems fitting that the one hundredth anniversary of
our independence should be marked by an event that will display to the
world the growth and progress of a nation devoted to freedom and to the
pursuit of fame, fortune, and honors by the lowest citizen as well as
the highest. A failure in this enterprise would be deplorable. Success
can be assured by arousing public opinion to the importance of the
occasion.
To secure this end, in my judgment, Congressional legislation is
necessary to make the exposition both national and international.
The benefits to be derived from a successful international exposition
are manifold. It will necessarily be accompanied by expenses beyond the
receipts from the exposition itself, but they will be compensated for
many fold by the commingling of people from all sections of our own
country; by bringing together the people of different nationalities; by
bringing into juxtaposition, for ready examination, our own and foreign
skill and progress in manufactures, agriculture, art, science, and
civilization.
The selection of the site for the exposition seems to me appropriate,
from the fact that one hundred years before the date fixed for the
exposition the Declaration of Independence, which launched us into the
galaxy of nations as an independent people, emanated from the same spot.
We have much in our varied climate, soil, mineral products, and skill of
which advantage can be taken by other nationalities to their profit.
In return they will bring to our shores works of their skill and
familiarize our people with them, to the mutual advantage of all
parties.
Let us have a complete success in our Centennial Exposition or suppress
it in its infancy, acknowledging our inability to give it the
international character to which our self-esteem aspires.
U.S. GRANT.
EXECUTIVE MANSION, _Washington, D.C., March 4, 1874_.
_To the House of Representatives_:
I have the honor to transmit herewith replies from the several
Departments, in answer to a resolution of the House of Representatives
of the 16th of January last, requesting a list of all expenses incurred
by the various Departments for transportation of any matter which before
the abolition of the franking privilege was carried in the mails.
U.S. GRANT.
WASHINGTON, _March 20, 1874_.
_To the Senate of the United States_:
I transmit herewith, for the consideration of the Senate and with a view
to its ratification, a convention concluded between the United States
and Belgium on the 19th March, 1874, concerning extradition.
U.S. GRANT.
EXECUTIVE MANSION, _March 23, 1874_.
_To the Senate and House of Representatives_:
I have the honor to transmit herewith the report of the board of
commissioners on the irrigation of the San Joaquin, Tulare, and
Sacramento valleys, of the State of California, and also the original
maps accompanying said report.
U.S. GRANT.
EXECUTIVE MANSION, _Washington, April 18, 1874_.
_To the Senate and House of Representatives_:
Herewith I transmit the report of the Civil Service Commission
authorized by the act of Congress of March 3, 1871, and invite your
special attention thereto.
If sustained by Congress, I have no doubt the rules can, after the
experience gained, be so improved and enforced as to still more
materially benefit the public service and relieve the Executive, members
of Congress, and the heads of Departments from influences prejudicial to
good administration.
The rules, as they have heretofore been enforced, have resulted
beneficially, as is shown by the opinions of the members of the Cabinet
and their subordinates in the Departments, and in that opinion I concur;
but rules applicable to officers who are to be appointed by and with the
advice and consent of the Senate are in great measure impracticable,
except in so far as they may be sustained by the action of that body.
This must necessarily remain so unless the direct sanction of the Senate
is given to the rules.
I advise for the present only such appropriation as may be adequate to
continue the work in its present form, and would leave to the future
to determine whether the direct sanction of Congress should be given
to rules that may, perhaps, be devised for regulating the method of
selection of appointees, or a portion of them, who need to be confirmed
by the Senate.
The same amount appropriated last year would be adequate for the coming
year, but I think the public interest would be promoted by authority
in the Executive for allowing a small compensation for special service
performed beyond usual office hours, under the act of 1871, to persons
already in the service of the Government.
U.S. GRANT.
WASHINGTON, _April 21, 1874_.
_To the Senate and House of Representatives_:
I transmit herewith to the Senate and House of Representatives a
communication from the Secretary of State and the report by which it is
accompanied, upon Samoan or Navigators Islands.
U.S. GRANT.
EXECUTIVE MANSION, _Washington, April 23, 1874_.
_To the House of Representatives_:
I transmit herewith the papers called for by the resolution of the House
of Representatives of the 20th instant, requesting all correspondence by
telegraph or otherwise between the persons claiming to be governor of
Arkansas and myself relating to the troubles in that State, together
with copies of any order or directions given by me or under my direction
to the military officer in charge of the garrison or in command of the
United States troops at Little Rock.
U.S. GRANT.
EXECUTIVE MANSION, _Washington, April 28, 1874_.
_To the House of Representatives_:
I have the honor to transmit herewith additional correspondence received
since my communication of the 23d instant, in reply to the resolution of
the House of Representatives of the 20th instant, requesting copies of
correspondence between persons claiming to be governor of Arkansas and
myself relating to troubles in that State.
U.S. GRANT.
EXECUTIVE MANSION, _Washington, April 30, 1874_.
_To the House of Representatives_:
In pursuance of the resolution of the House of Representatives of
the 15th instant, requesting to be informed "what geographical and
geological surveys under different Departments and branches of the
Government are operating in the same and contiguous areas of territory
west of the Mississippi River, and whether it be not practicable to
consolidate them under one Department or to define the geographical
limits to be embraced by each," I have the honor to transmit herewith
the views of the officers of the War and Interior Departments on the
subjects named in the said resolution, and invite attention thereto.
Where surveys are made with the view of sectionizing the public lands,
preparatory to opening them for settlement or entry, there is no
question but such surveys and all work connected therewith should be
under the direct control of the Interior Department or the Commissioner
of the General Land Office, subject to the supervision of the Secretary
of the Interior. But where the object is to complete the map of the
country; to determine the geographical, astronomical, geodetic,
topographic, hydrographic, meteorological, geological, and mineralogical
features of the country--in other words, to collect full information of
the unexplored or but partially known portions of the country--it seems
to me a matter of no importance as to which Department of the Government
should have control of the work. The conditions which should control
this subject are, in my judgment, first, which Department is prepared
to do the work best; second, which can do it the most expeditiously
and economically.
As the country to be explored is occupied in great part by uncivilized
Indians, all parties engaged in the work at hand must be supplied with
escorts from the Army, thus placing a large portion of the expense upon
the War Department; and as the Engineer Corps of the Army is composed of
scientific gentlemen, educated and practiced for just the kind of work
to be done, and as they are under pay whether employed in this work or
not, it would seem that the second condition named would be more fully
complied with by employing them to do the work. There is but little
doubt that they will accomplish it as promptly and as well, and much
more economically.
U.S. GRANT.
WASHINGTON, _May 19, 1874_.
_To the House of Representatives_:
I transmit herewith, in answer to the resolution of the House of
Representatives of the 9th instant, a report[79] from the Secretary of
State, with accompanying papers.
U.S. GRANT.
[Footnote 79: Relating to the involuntary deportation to the United
States of foreign convicts, paupers, idiots, insane persons, etc., and
transmitting correspondence relative thereto.]
WASHINGTON, _May 25, 1874_.
_To the Senate and House of Representatives_:
In response to the resolution of the Senate of the 15th instant, I have
the honor to transmit herewith "all papers and correspondence relating
to the troubles in the State of Arkansas not heretofore communicated to
either House of Congress."
U.S. GRANT.
WASHINGTON, _May 25, 1874_.
_To the Senate and House of Representatives_:
I have the honor to transmit, in response to the resolution of the
Senate of the 18th instant, requesting "the answers in full received
by the Civil Service Commission in reply to their circular addressed
to the various heads of Departments and bureaus requesting a report as
to the operation and effect of the civil-service rules in the several
Departments and offices," a copy of a letter received from the chairman
of the Civil Service Commission, to whom the resolution was referred.
U.S. GRANT.
WASHINGTON, _May 26, 1874_.
_To the Senate of the United States_:
I transmit herewith a report from the Secretary of State, and
accompanying it copies of all papers on file or on record in the
Department of State respecting the claim on Brazil concerning the
_Caroline_.
U.S. GRANT.
WASHINGTON, _May 26, 1874_.
_To the Senate and House of Representatives_:
I transmit to the Senate and House of Representatives a
communication from the Secretary of State and a copy of the report of
the commissioners to inquire into depredations on the frontiers of Texas,
by which it is accompanied.
U.S. GRANT.
WASHINGTON, _June 15, 1874_.
_To the Senate of the United States_:
I transmit, for the consideration of the Senate with a view to
ratification, a declaration respecting trade-marks between the United
States and the Emperor of Russia, concluded and signed at St. Petersburg
on the 16/28 day of March last.
U.S. GRANT.
WASHINGTON, _June 18, 1874_.
_To the Senate of the United States_:
The plenipotentiaries of Her Britannic Majesty at Washington have
submitted to the Secretary of State, for my consideration, a draft of a
treaty for the reciprocal regulation of the commerce and trade between
the United States and Canada, with provisions for the enlargement of the
Canadian canals and for their use by United States vessels on terms of
equality with British vessels. I transmit herewith a report from the
Secretary of State, with a copy of the draft thus proposed.
I am of the opinion that a proper treaty for such purposes would result
beneficially for the United States. It would not only open or enlarge
markets for our products, but it would increase the facilities of
transportation from the grain-growing States of the West to the
seaboard.
The proposed draft has many features to commend it to our favorable
consideration; but whether it makes all the concessions which could
justly be required of Great Britain, or whether it calls for more
concessions from the United States than we should yield, I am not
prepared to say.
Among its provisions are articles proposing to dispense with the
arbitration respecting the fisheries, which was provided for by the
treaty of Washington, in the event of the conclusion and ratification of
a treaty and the passage of all the necessary legislation to enforce it.
These provisions, as well as other considerations, make it desirable
that this subject should receive attention before the close of the
present session. I therefore express an earnest wish that the Senate may
be able to consider and determine before the adjournment of Congress
whether it will give its constitutional concurrence to the conclusion of
a treaty with Great Britain for the purposes already named, either in
such form as is proposed by the British plenipotentiaries or in such
other more acceptable form as the Senate may prefer.
U.S. GRANT.
WASHINGTON, _June 18, 1874_.
_To the Senate and House of Representatives_:
I transmit herewith a report from the Secretary of State and its
accompanying papers.[80]
U.S. GRANT.
[Footnote 80: Report of the United States delegates to the eighth session
of the International Statistical Congress, held at St. Petersburg,
Russia, in August, 1872, and appendix.]
EXECUTIVE MANSION, _Washington, June 20, 1874_.
_To the Senate and House of Representatives_:
I respectfully invite the attention of Congress to one feature of the
bill entitled "An act for the government of the District of Columbia,
and for other purposes." Provision is therein made for the payment of
the debts of the District in bonds to be issued by the sinking-fund
commissioners, running fifty years and bearing interest at the rate of
3.65 per cent per annum, with the payment of the principal and interest
guaranteed by the United States.
The government by which these debts were created is abolished, and no
other provision seems to be made for their payment. Judging from the
transactions in other bonds, there are good grounds, in my opinion, for
the apprehension that bonds bearing this rate of interest when issued
will be worth much less than their equivalent in the current money of
the United States. This appears to me to be unjust to those to whom
these bonds are to be paid, and, to the extent of the difference between
their face and real value, looks like repudiating the debts of the
District. My opinion is that to require creditors of the District of
Columbia to receive these bonds at par when it is apparent that to be
converted into money they must be sold at a large discount will not only
prove greatly injurious to the credit of the District, but will reflect
unfavorably upon the credit and good faith of the United States.
I would recommend, therefore, that provision be made at the present
session of Congress to increase the interest upon these bonds, so that
when sold they will bring an equivalent in money, and that the Secretary
of the Treasury be authorized to negotiate the sale of these bonds at
not less than par and pay the proceeds thereof to those who may be
ascertained to have valid claims against the District of Columbia.
U.S. GRANT.
VETO MESSAGES.
EXECUTIVE MANSION, _Washington, April 10, 1874_.
_To the House of Representatives_:
I have the honor to herewith return to you without my approval House
bill No. 1224, entitled "An act for the relief of William H. Denniston,
late an acting second lieutenant, Seventieth New York Volunteers,"
for the reasons set forth in the accompanying letter of the Secretary
of War.
U.S. GRANT.
WAR DEPARTMENT, _Washington, D.C., April 8, 1874_.
The PRESIDENT.
SIR: I have the honor to return House bill No. 1224, "for the relief of
William H. Denniston, late an acting second lieutenant, Seventieth New
York Volunteers," with the remark that the name of William H. Denniston,
as an officer or private, is not borne on any rolls of the Seventieth
New York Volunteers on file in the Department. Of this fact the
Committee on Military Affairs of the House of Representatives was
informed by letter from the Adjutant-General's Office dated December
19, 1873.
No vacancy existed in Company D (the company claimed) of this regiment
for a second lieutenant during the period claimed, Second Lieutenant
J.B. Zeigler having filled that position to May 6, 1862, and Second
Lieutenant James Stevenson from that date to June 25, 1862. On
regimental return for July, 1862, Edward Shields is reported promoted
second lieutenant June 15, 1862.
There is no evidence in the Department that he actually served as a
second lieutenant for the time covered by the bill herewith, and it is
therefore respectfully recommended that the bill be returned to the
House of Representatives without approval.
When the records of the War Department, prepared under laws and
regulations having in view the establishment and preservation of data
necessary to the protection of the public interests as well as that of
the claimants, fail to show service, it is a subject of importance to
legalize a claim wherein the military department of the Government
has not seen the order under which the alleged service may have been
claimed. A precedent of the kind is beyond doubt an injury to the public
interest, and will tend to other special acts of relief under which
thousands of muster rolls certified at the date, under the Articles of
War, as exhibiting the true state of the command will be invalidated,
and large appropriations of money will be required to settle claims the
justness of which can not always be determined at a date so remote from
their origin.
Very respectfully, your obedient servant,
WM. W. BELKNAP,
_Secretary of War_.
EXECUTIVE MANSION, _April 22, 1874_.
_To the Senate of the United States_:
Herewith I return Senate bill No. 617, entitled "An act to fix the
amount of United States notes and the circulation of national banks,
and for other purposes," without my approval.
In doing so I must express my regret at not being able to give my assent
to a measure which has received the sanction of a majority of the
legislators chosen by the people to make laws for their guidance, and
I have studiously sought to find sufficient arguments to justify such
assent, but unsuccessfully.
Practically it is a question whether the measure under discussion would
give an additional dollar to the irredeemable paper currency of the
country or not, and whether by requiring three-fourths of the reserve to
be retained by the banks and prohibiting interest to be received on the
balance it might not prove a contraction.
But the fact can not be concealed that theoretically the bill increases
the paper circulation $100,000,000, less only the amount of reserves
restrained from circulation by the provision of the second section. The
measure has been supported on the theory that it would give increased
circulation. It is a fair inference, therefore, that if in practice the
measure should fail to create the abundance of circulation expected of
it the friends of the measure, particularly those out of Congress, would
clamor for such inflation as would give the expected relief.
The theory, in my belief, is a departure from true principles of
finance, national interest, national obligations to creditors,
Congressional promises, party pledges (on the part of both political
parties), and of personal views and promises made by me in every annual
message sent to Congress and in each inaugural address.
In my annual message to Congress in December, 1869, the following
passages appear:
Among the evils growing out of the rebellion, and not yet referred to,
is that of an irredeemable currency. It is an evil which I hope will
receive your most earnest attention. It is a duty, and one of the
highest duties, of Government to secure to the citizen a medium of
exchange of fixed, unvarying value. This implies a return to a specie
basis, and no substitute for it can be devised. It should be commenced
now and reached at the earliest practicable moment consistent with a
fair regard to the interests of the debtor class. Immediate resumption,
if practicable, would not be desirable. It would compel the debtor
class to pay, beyond their contracts, the premium on gold at the date
of their purchase, and would bring bankruptcy and ruin to thousands.
Fluctuation, however, in the paper value of the measure of all values
(gold) is detrimental to the interests of trade. It makes the man of
business an involuntary gambler, for in all sales where future payment
is to be made both parties speculate as to what will be the value of
the currency to be paid and received. I earnestly recommend to you,
then, such legislation as will insure a gradual return to specie
payments and put an immediate stop to fluctuations in the value of
currency.
I still adhere to the views then expressed.
As early as December 4, 1865, the House of Representatives passed a
resolution, by a vote of 144 yeas to 6 nays, concurring "in the views
of the Secretary of the Treasury in relation to the necessity of a
contraction of the currency, with a view to as early a resumption of
specie payments as the business interests of the country will permit,"
and pledging "cooperative action to this end as speedily as possible."
The first act passed by the Forty-first Congress, [approved] on the 18th
day of March, 1869, was as follows:
AN ACT to strengthen the public credit.
_Be it enacted, etc._, That in order to remove any doubt as to the
purpose of the Government to discharge all just obligations to the
public creditors, and to settle conflicting questions and
interpretations of the law by virtue of which such obligations have
been contracted, it is hereby provided and declared that the faith of
the United States is solemnly pledged to the payment in coin or its
equivalent of all the obligations of the United States not bearing
interest, known as United States notes, and all the interest-bearing
obligations of the United States, except in cases where the law
authorizing the issue of any such obligation has expressly provided that
the same may be paid in lawful money or in other currency than gold and
silver; but none of the said interest-bearing obligations not already
due shall be redeemed or paid before maturity unless at such time United
States notes shall be convertible into coin at the option of the holder,
or unless at such time bonds of the United States bearing a lower rate
of interest than the bonds to be redeemed can be sold at par in coin.
And the United States also solemnly pledges its faith to make provision
at the earliest practicable period for the redemption of the United
States notes in coin.
This act still remains as a continuing pledge of the faith of the United
States "to make provision at the earliest practicable period for the
redemption of the United States notes in coin."
A declaration contained in the act of June 30, 1864, created an
obligation that the total amount of United States notes issued or
to be issued should never exceed $400,000,000. The amount in actual
circulation was actually reduced to $356,000,000, at which point
Congress passed the act of February 4, 1868, suspending the further
reduction of the currency. The forty-four millions have ever been
regarded as a reserve, to be used only in case of emergency, such as
has occurred on several occasions, and must occur when from any cause
revenues suddenly fall below expenditures; and such a reserve is
necessary, because the fractional currency, amounting to fifty millions,
is redeemable in legal tender on call.
It may be said that such a return of fractional currency for redemption
is impossible; but let steps be taken for a return to a specie basis and
it will be found that silver will take the place of fractional currency
as rapidly as it can be supplied, when the premium on gold reaches a
sufficiently low point. With the amount of United States notes to be
issued permanently fixed within proper limits and the Treasury so
strengthened as to be able to redeem them in coin on demand it will then
be safe to inaugurate a system of free banking with such provisions as
to make compulsory redemption of the circulating notes of the banks in
coin, or in United States notes, themselves redeemable and made
equivalent to coin.
As a measure preparatory to free banking, and for placing the Government
in a condition to redeem its notes in coin "at the earliest practicable
period," the revenues of the country should be increased so as to pay
current expenses, provide for the sinking fund required by law, and also
a surplus to be retained in the Treasury in gold.
I am not a believer in any artificial method of making paper money equal
to coin when the coin is not owned or held ready to redeem the promises
to pay, for paper money is nothing more than promises to pay, and is
valuable exactly in proportion to the amount of coin that it can be
converted into. While coin is not used as a circulating medium, or the
currency of the country is not convertible into it at par, it becomes an
article of commerce as much as any other product. The surplus will seek
a foreign market as will any other surplus. The balance of trade has
nothing to do with the question. Duties on imports being required in
coin creates a limited demand for gold. About enough to satisfy that
demand remains in the country. To increase this supply I see no way open
but by the Government hoarding through the means above given, and
possibly by requiring the national banks to aid.
It is claimed by the advocates of the measure herewith returned that
there is an unequal distribution of the banking capital of the country.
I was disposed to give great weight to this view of the question at
first, but on reflection it will be remembered that there still remains
$4,000,000 of authorized bank-note circulation assigned to States having
less than their quota not yet taken. In addition to this the States
having less than their quota of bank circulation have the option of
twenty-five millions more to be taken from those States having more than
their proportion. When this is all taken up, or when specie payments are
fully restored or are in rapid process of restoration, will be the time
to consider the question of "more currency."
U.S. GRANT.
EXECUTIVE MANSION, _Washington, May 12, 1874_.
_To the House of Representatives_:
I return herewith without my signature House bill No. 1331, entitled
"An act for the relief of Joab Spencer and James R. Mead for supplies
furnished the Kansas tribe of Indians." I withheld my approval of said
bill for reasons which satisfy me the claim should not be allowed for
the entire amount stated in the bill, and which are set forth in the
letter of the Secretary of the Interior of the 7th instant, a copy of
which, with the accompanying papers, is herewith transmitted.
U.S. GRANT.
DEPARTMENT OF THE INTERIOR,
_Washington, D.C., May 7, 1874_.
The PRESIDENT.
SIR: I have the honor to return herewith engrossed bill H.R. 1331,
entitled "An act for the relief of Joab Spencer and James R. Mead for
supplies furnished the Kansas tribe of Indians," and to state that
said bill was the subject of a report made to the Department by the
Commissioner of Indian Affairs on the 11th ultimo, with which he
submitted letters from Enoch Hoag, superintendent of Indian affairs,
and Mahlon Stubbs, Indian agent, representing that the justness and
correctness of the claim of Spencer & Mead had not been established, and
suggesting that further proceedings in the premises be deferred until a
thorough investigation of the facts and circumstances of the case could
be had.
The suggestion of the Indian agent received the concurrence of the
Commissioner of Indian Affairs and the approval of this Department, and
on the 17th ultimo the attention of Congress was invited to the subject
in a letter addressed to the Speaker of the House of Representatives by
the Secretary of the Interior. At the latter date the bill appears to
have been pending in the Senate, of which fact this Department at that
time was not informed.
On the 5th instant the engrossed bill (H.R. No. 1331) was received by
reference from the Executive Office, and forwarded to the Commissioner
of Indian Affairs for a further report on the subject, and on the 6th
instant that officer returned said bill to this Department with a letter
presenting his views in relation to the matter and suggesting that the
rights of the Indians and of Messrs. Spencer & Mead would be fully
protected by a modification of the bill authorizing the Secretary of the
Interior to pay such amount of their claim as might be found to be due.
The suggestion meets the approval of this Department.
Copies of the papers connected with this claim are herewith
submitted.[81] I have the honor to be, very respectfully, your obedient
servant,
B.R. COWEN,
_Acting Secretary_.
[Footnote 81: Omitted.]
PROCLAMATIONS.
BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
A PROCLAMATION.
Whereas certain turbulent and disorderly persons, pretending that
Elisha Baxter, the present executive of Arkansas, was not elected, have
combined together with force and arms to resist his authority as such
executive and other authorities of said State; and
Whereas said Elisha Baxter has been declared duly elected by the general
assembly of said State, as provided in the constitution thereof, and has
for a long period been exercising the functions of said office, into
which he was inducted according to the constitution and laws of said
State, and ought by its citizens to be considered as the lawful
executive thereof; and
Whereas it is provided in the Constitution of the United States that the
United States shall protect every State in the Union, on application of
the legislature, or of the executive when the legislature can not be
convened, against domestic violence; and
Whereas said Elisha Baxter, under section 4 of Article IV of the
Constitution of the United States and the laws passed in pursuance
thereof, has heretofore made application to me to protect said State
and the citizens thereof against domestic violence; and
Whereas the general assembly of said State was convened in extra
session at the capital thereof on the 11th instant, pursuant to a call
made by said Elisha Baxter, and both houses thereof have passed a joint
resolution also applying to me to protect the State against domestic
violence; and
Whereas it is provided in the laws of the United States that in
all cases of insurrection in any State or of obstruction to the laws
thereof it shall be lawful for the President of the United States, on
application of the legislature of such State, or of the executive when
the legislature can not be convened, to employ such part of the land and
naval forces as shall be judged necessary for the purpose of suppressing
such insurrection or causing the laws to be duly executed; and
Whereas it is required that whenever it may be necessary, in the
judgment of the President, to use the military force for the purpose
aforesaid, he shall forthwith, by proclamation, command such insurgents
to disperse and retire peaceably to their respective homes within a
limited time:
Now, therefore, I, Ulysses S. Grant, President of the United States,
do hereby make proclamation and command all turbulent and disorderly
persons to disperse and retire peaceably to their respective abodes
within ten days from this date, and hereafter to submit themselves
to the lawful authority of said executive and the other constituted
authorities of said State; and I invoke the aid and cooperation of
all good citizens thereof to uphold law and preserve public peace.
In witness whereof I have hereunto set my hand and caused the seal of
the United States to be affixed.
Done at the city of Washington, this 15th day of May, A.D. 1874, and of
the Independence of the United States the ninety-eighth.
[SEAL.]
U.S. GRANT.
By the President:
HAMILTON FISH,
_Secretary of State_.
BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
A PROCLAMATION.
Whereas by the thirty-third article of a treaty concluded at Washington
on the 8th day of May, 1871, between the United States and Her Britannic
Majesty, it was provided that--
Articles XVIII to XXV, inclusive, and Article XXX of this treaty shall
take effect as soon as the laws required to carry them into operation
shall have been passed by the Imperial Parliament of Great Britain,
by the parliament of Canada, and by the legislature of Prince Edwards
Island on the one hand, and by the Congress of the United States on
the other.
And whereas it is provided by Article XXXII of the treaty aforesaid
that--
The provisions and stipulations of Articles XVIII to XXV of this
treaty, inclusive, shall extend to the colony of Newfoundland so far
as they are applicable. But if the Imperial Parliament, the legislature
of Newfoundland, or the Congress of the United States shall not embrace
the colony of Newfoundland in their laws enacted for carrying the
foregoing articles into effect, then this article shall be of no
effect; but the omission to make provision by law to give it effect, by
either of the legislative bodies aforesaid, shall not in any way impair
any other articles of this treaty.
And whereas by the second section of an act entitled "An act to carry
into effect the provisions of the treaty between the United States and
Great Britain signed in the city of Washington the 8th day of May,
1871, relating to the fisheries," it is provided--
That whenever the colony of Newfoundland shall give its consent to the
application of the stipulations and provisions of the said articles
eighteenth to twenty-fifth of said treaty, inclusive, to that colony,
and the legislature thereof and the Imperial Parliament shall pass the
necessary laws for that purpose, the above-enumerated articles, being
the produce of the fisheries of the colony of Newfoundland, shall be
admitted into the United States free of duty from and after the date
of a proclamation by the President of the United States declaring that
he has satisfactory evidence that the said colony of Newfoundland has
consented, in a due and proper manner, to have the provisions of the
said articles eighteenth to twenty-fifth, inclusive, of the said treaty
extended to it, and to allow the United States the full benefits of
all the stipulations therein contained, and shall be so admitted free
of duty so long as the said articles eighteenth to twenty-fifth,
inclusive, and article thirtieth of said treaty shall remain in force
according to the terms and conditions of article thirty-third of said
treaty.
And whereas the Secretary of State of the United States and Her
Britannic Majesty's envoy extraordinary and minister plenipotentiary at
Washington have recorded in a protocol of a conference held by them at
the Department of State in Washington on the 28th day of May, 1874, in
the following language:
PROTOCOL OF A CONFERENCE HELD AT WASHINGTON ON THE 28TH DAY OF MAY,
1874.
Whereas it is provided by Article XXXII of the treaty between the
United States of America and Her Majesty the Queen of the United
Kingdom of Great Britain and Ireland signed at Washington on the
8th of May, 1871, as follows:
"ARTICLE XXXII.
"It is further agreed that the provisions and stipulations of Articles
XVIII to XXV of this treaty, inclusive, shall extend to the colony
of Newfoundland so far as they are applicable. But if the Imperial
Parliament, the legislature of Newfoundland, or the Congress of the
United States shall not embrace the colony of Newfoundland in their
laws enacted for carrying the foregoing articles into effect, then this
article shall be of no effect; but the omission to make provision by
law to give it effect, by either of the legislative bodies aforesaid,
shall not in any way impair any other articles of this treaty;" and
Whereas an act was passed by the Senate and House of Representatives of
the United States of America in Congress assembled, and approved on the
1st day of March, 1873, by the President of the United States, entitled
"An act to carry into effect the provisions of the treaty between the
United States and Great Britain signed in the city of Washington the
8th of May, 1871, relating to fisheries," by which act it is provided:
"SEC. 2. That whenever the colony of Newfoundland shall give its
consent to the application of the stipulations and provisions of the
said articles eighteenth to twenty-fifth of said treaty, inclusive, to
that colony, and the legislature thereof and the Imperial Parliament
shall pass the necessary laws for that purpose, the above-enumerated
articles, being the produce of the fisheries of the colony of
Newfoundland, shall be admitted into the United States free of duty
from and after the date of a proclamation by the President of the
United States declaring that he has satisfactory evidence that the said
colony of Newfoundland has consented, in a due and proper manner, to
have the provisions of the said articles eighteenth to twenty-fifth,
inclusive, of the said treaty extended to it, and to allow the United
States the full benefits of all the stipulations therein contained,
and shall be so admitted free of duty so long as the said articles
eighteenth to twenty-fifth, inclusive, and article thirtieth of said
treaty shall remain in force according to the terms and conditions of
article thirty-third of said treaty;" and
Whereas an act was passed by the governor, legislative council, and
assembly of Newfoundland, in legislative session convened, in the
thirty-seventh year of Her Majesty's reign, and assented to by Her
Majesty on the 12th day of May, 1874, intituled "An act to carry into
effect the provisions of the treaty of Washington as far as they relate
to this colony:"
The undersigned, Hamilton Fish, Secretary of State of the United
States, and the Right Hon. Sir Edward Thornton, one of Her Majesty's
most honorable privy council, knight commander of the most honorable
Order of the Bath, Her Britannic Majesty's envoy extraordinary and
minister plenipotentiary to the United States of America, duly
authorized for this purpose by their respective Governments, having met
together at Washington, and having found that the laws required to
carry the Articles XVIII to XXV, inclusive, and Articles XXX and XXXII
of the treaty aforesaid into operation have been passed by the Congress
of the United States on the one part, and by the Imperial Parliament of
Great Britain, by the parliament of Canada, and by the legislature of
Prince Edwards Island and the legislature of Newfoundland on the other,
hereby declare that Articles XVIII to XXV, inclusive, and Article XXX
of the treaty between the United States of America and Her Britannic
Majesty shall take effect in accordance with Article XXXIII of said
treaty between the citizens of the United States of America and Her
Majesty's subjects in the colony of Newfoundland on the 1st day of
June next.
In witness whereof the undersigned have signed this protocol and have
hereunto affixed their seals.
Done in duplicate at Washington, this 28th day of May, 1874.
[SEAL.] HAMILTON FISH.
[SEAL.] EDWD. THORNTON.
Now, therefore, I, Ulysses S. Grant, President of the United States of
America, in pursuance of the premises, do hereby declare that I have
received satisfactory evidence that the Imperial Parliament of Great
Britain and the legislature of Newfoundland have passed laws on their
part to give full effect to the provisions of the said treaty as
contained in articles eighteenth to twenty-fifth, inclusive, and
article thirtieth of said treaty.
In testimony whereof I have hereunto set my hand and caused the seal of
the United States to be affixed.
Done at the city of Washington, this 29th day of May, A.D. 1874, and of
the Independence of the United States of America the ninety-eighth.
[SEAL.]
U.S. GRANT.
By the President:
HAMILTON FISH,
_Secretary of State_.
BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
A PROCLAMATION.
Whereas it has been satisfactorily represented to me that turbulent
and disorderly persons have combined together with force and arms to
overthrow the State government of Louisiana and to resist the laws and
constituted authorities of said State; and
Whereas it is provided in the Constitution of the United States
that the United States shall protect every State in this Union,
on application of the legislature, or of the executive when the
legislature can not be convened, against domestic violence; and
Whereas it is provided in the laws of the United States that in all
cases of insurrection in any State or of obstruction to the laws
thereof it shall be lawful for the President of the United States, on
application of the legislature of such State, or of the executive when
the legislature can not be convened, to call forth the militia of any
other State or States, or to employ such part of the land and naval
forces as shall be judged necessary, for the purpose of suppressing
such insurrection or causing the laws to be duly executed; and
Whereas the legislature of said State is not now in session and can not
be convened in time to meet the present emergency, and the executive of
said State, under section 4 of Article IV of the Constitution of the
United States and the laws passed in pursuance thereof, has therefore
made application to me for such part of the military force of the
United States as may be necessary and adequate to protect said State
and the citizens thereof against domestic violence and to enforce the
due execution of the laws; and
Whereas it is required that whenever it may be necessary, in the
judgment of the President, to use the military force for the purpose
aforesaid, he shall forthwith, by proclamation, command such insurgents
to disperse and retire peaceably to their respective homes within a
limited time:
Now, therefore, I, Ulysses S. Grant, President of the United States,
do hereby make proclamation and command said turbulent and disorderly
persons to disperse and retire peaceably to their respective abodes
within five days from this date, and hereafter to submit themselves to
the laws and constituted authorities of said State; and I invoke the
aid and cooperation of all good citizens thereof to uphold law and
preserve the public peace.
In witness whereof I have hereunto set my hand and caused the seal of
the United States to be affixed.
Done at the city of Washington, this 15th day of September, A.D. 1874,
and of the Independence of the United States the ninety-ninth.
[SEAL.]
U.S. GRANT.
By the President:
HAMILTON FISH,
_Secretary of State_.
BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
A PROCLAMATION.
We are reminded by the changing seasons that it is time to pause in our
daily avocations and offer thanks to Almighty God for the mercies and
abundance of the year which is drawing to a close.
The blessings of free government continue to be vouchsafed to us; the
earth has responded to the labor of the husbandman; the land has been
free from pestilence; internal order is being maintained, and peace
with other powers has prevailed.
It is fitting that at stated periods we should cease from our
accustomed pursuits and from the turmoil of our daily lives and unite
in thankfulness for the blessings of the past and in the cultivation of
kindly feelings toward each other.
Now, therefore, recognizing these considerations, I, Ulysses S. Grant,
President of the United States, do recommend to all citizens to
assemble in their respective places of worship on Thursday, the 26th
day of November next, and express their thanks for the mercy and favor
of Almighty God, and, laying aside all political contentions and all
secular occupations, to observe such day as a day of rest,
thanksgiving, and praise.
In witness whereof I have hereunto set my hand and caused the seal of
the United States to be affixed.
Done at the city of Washington, this 27th day of October, A.D. 1874,
and of the Independence of the United States the ninety-ninth.
[SEAL.]
U.S. GRANT.
By the President:
HAMILTON FISH,
_Secretary of State_.
BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
A PROCLAMATION.
Whereas, pursuant to the second section of the act of Congress approved
the 23d of March last, entitled "An act to authorize the President to
accept for citizens of the United States the jurisdiction of certain
tribunals in the Ottoman dominions and Egypt, established or to be
established under the authority of the Sublime Porte and of the
Government of Egypt," the President is authorized, for the benefit of
American citizens residing in the Turkish dominions, to accept the
recent law of the Ottoman Porte ceding the right of foreigners
possessing immovable property in said dominions; and
Whereas, pursuant to the authority thus in me vested, I have authorized
George H. Boker, accredited as minister resident of the United States
to the Ottoman Porte, to sign on behalf of this Government the protocol
accepting the law aforesaid of the said Ottoman Porte, which protocol
and law are, word for word, as follows:
[Translation.]
The United States of America and His Majesty the Sultan being desirous
to establish by a special act the agreement entered upon between them
regarding the admission of American citizens to the right of holding
real estate granted to foreigners by the law promulgated on the 7th of
Sepher, 1284 (January 18, 1867), have authorized:
The President of the United States of America, George H. Boker,
minister resident of the United States of America near the Sublime
Porte, and
His Imperial Majesty the Sultan, His Excellency A. Aarifi Pasha, his
minister of foreign affairs, to sign the protocol which follows:
PROTOCOL.
The law granting foreigners the right of holding real estate does not
interfere with the immunities specified by the treaties, and which will
continue to protect the person and the movable property of foreigners
who may become owners of real estate.
As the exercise of this right of possessing real property may induce
foreigners to establish themselves in larger numbers in the Ottoman
Empire, the Imperial Government thinks it proper to anticipate and to
prevent the difficulties to which the application of this law may give
rise in certain localities. Such is the object of the arrangements
which follow:
The domicile of any person residing upon the Ottoman soil being
inviolable, and as no one can enter it without the consent of the
owner, except by virtue of orders emanating from competent authority
and with the assistance of the magistrate or functionary invested with
the necessary powers, the residence of foreigners is inviolable on the
same principle, in conformity with the treaties, and the agents of the
public force can not enter it without the assistance of the consul or
of the delegate of the consul of the power on which the foreigner
depends.
By residence we understand the house of inhabitation and its
dependencies; that is to say, the outhouses, courts, gardens, and
neighboring inclosures, to the exclusion of all other parts of the
property.
In the localities distant by less than nine hours' journey from the
consular residence, the agents of the public force can not enter the
residence of a foreigner without the assistance of a consul, as was
before said.
On his part the consul is bound to give his immediate assistance to the
local authority so as not to let six hours elapse between the moment
which he may be informed and the moment of his departure or the
departure of his delegate, so that the action of the authorities may
never be suspended more than twenty-four hours.
In the localities distant by nine hours or more than nine hours of
travel from the residence of the consular agent, the agents of the
public force may, on the request of the local authority, and with the
assistance of three members of the council of the elders of the commune,
enter into the residence of a foreigner without being assisted by the
consular agent, but only in case of urgency and for the search and the
proof of the crime of murder, of attempt at murder, of incendiarism, of
armed robbery either with infraction or by night in an inhabited house,
of armed rebellion, and of the fabrication of counterfeit money; and
this entry may be made whether the crime was committed by a foreigner or
by an Ottoman subject, and whether it took place in the residence of a
foreigner or not in his residence, or in any other place.
These regulations are not applicable but to the parts of the real estate
which constitute the residence, as it has been heretofore defined.
Beyond the residence the action of the police shall be exercised freely
and without reserve; but in case a person charged with crime or offense
should be arrested, and the accused shall be a foreigner, the immunities
attached to his person shall be observed in respect to him.
The functionary or the officer charged with the accomplishment of a
domiciliary visit in the exceptional circumstances determined before,
and the members of the council of elders who shall assist him, will be
obliged to make out a _procès verbal_ of the domiciliary visit and to
communicate it immediately to the superior authority under whose
jurisdiction they are, and the latter shall transmit it to the nearest
consular agent without delay.
A special regulation will be promulgated by the Sublime Porte to
determine the mode of action of the local police in the several cases
provided heretofore.
In localities more distant than nine hours' travel from the residence
of the consular agent, in which the law of the judicial organization
of the _velayet_ may be in force, foreigners shall be tried without the
assistance of the consular delegate by the council of elders fulfilling
the function of justices of the peace, and by the tribunal of the
canton, as well for actions not exceeding 1,000 piasters as for offenses
entailing a fine of 500 piasters only at the maximum.
Foreigners shall have in any case the right of appeal to the tribunal of
the arrondissement against the judgments issued as above stated, and the
appeal shall be followed and judged with the assistance of the consul in
conformity with the treaties.
The appeal shall always suspend the execution of a sentence.
In all cases the forcible execution of the judgments, issued on the
conditions determined heretofore, shall not take place without the
cooperation of the consul or of his delegate.
The Imperial Government will enact a law which shall determine the rules
of procedure to be observed by the parties in the application of the
preceding regulations.
Foreigners, in whatever locality they may be, may freely submit
themselves to the jurisdiction of the council of elders or of the
tribunal of the canton without the assistance of the consul in cases
which do not exceed the competency of these councils or tribunals,
reserving always the right of appeal before the tribunal of the
arrondissement, where the case may be brought and tried with the
assistance of the consul or his delegate.
The consent of a foreigner to be tried as above stated, without the
assistance of his consul, shall always be given in writing and in
advance of all procedure.
It is well understood that all these restrictions do not concern cases
which have for their object questions of real estate, which shall be
tried and determined under the conditions established by the law.
The right of defense and the publicity of the hearings shall be assured
in all cases to foreigners who may appear before the Ottoman tribunals,
as well as to Ottoman subjects.
The preceding dispositions shall remain in force until the revision of
the ancient treaties, a revision which the Sublime Porte reserves to
itself the right to bring about hereafter by an understanding between it
and the friendly powers.
In witness whereof the respective plenipotentiaries have signed the
protocol and have affixed thereto their seals.
Done at Constantinople the 11th of August, 1874.
[SEAL.] (Signed) A. AARIFI.
[SEAL.] (Signed) GEO. H. BOKER.
[Translation.]
LAW CONCEDING TO FOREIGNERS THE RIGHT OF HOLDING REAL ESTATE IN THE
OTTOMAN EMPIRE.
Imperial Rescript.--Let it be done in conformity with the contents.
7 Sepher, 1284 (January 18, 1867).
With the object of developing the prosperity of the country, to put an
end to the difficulties, to the abuses, and to the uncertainties which
have arisen on the subject of the right of foreigners to hold property
in the Ottoman Empire, and to complete, in accordance with a precise
regulation, the safeguards which are due to financial interests and to
administrative action, the following legislative enactments have been
promulgated by the order of His Imperial Majesty the Sultan:
ARTICLE I. Foreigners are admitted by the same privilege as Ottoman
subjects, and without any other restriction, to enjoy the right of
holding real estate, whether in the city or the country, throughout the
Empire, with the exception of the Province of the Hédjaz, by submitting
themselves to the laws and the regulations which govern Ottoman subjects
as is hereafter stated.
This arrangement does not concern subjects of Ottoman birth who have
changed their nationality, who shall be governed in this matter by a
special law.
ART. II. Foreigners, proprietors of real estate in town or in country,
are in consequence placed upon terms of equality with Ottoman subjects
in all things that concern their landed property.
The legal effect of this equality is--
First. To oblige them to conform to all the laws and regulations of the
police or of the municipality which govern at present or may govern
hereafter the enjoyment, the transmission, the alienation, and the
hypothecation of landed property.
Second. To pay all charges and taxes, under whatever form or
denomination they may be, that are levied, or may be levied hereafter,
upon city or country property.
Third. To render them directly amenable to the Ottoman civil tribunals
in all questions relating to landed property and in all real actions,
whether as plaintiffs or as defendants, even when either party is a
foreigner. In short, they are in all things to hold real estate by the
same title, on the same condition, and under the same forms as Ottoman
owners, and without being able to avail themselves of their personal
nationality, except under the reserve of the immunities attached to
their persons and their movable goods, according to the treaties.
ART. III. In case of the bankruptcy of a foreigner possessing real
estate, the assignees of the bankrupt may apply to the authorities and
to the Ottoman civil tribunals requiring the sale of the real estate
possessed by the bankrupt, and which by its nature and according to law
is responsible for the debts of the owner.
The same course shall be followed when a foreigner shall have obtained
against another foreigner owning real estate a judgment of condemnation
before a foreign tribunal.
For the execution of this judgment against the real estate of his debtor
he shall apply to the competent Ottoman authorities in order to obtain
the sale of that real estate which is responsible for the debts of the
owner; and this judgment shall be executed by the Ottoman authorities
and tribunals only after they have decided that the real estate of which
the sale is required really belongs to the category of that property
which may be sold for the payment of debt.
ART. IV. Foreigners have the privilege to dispose, by donation or by
testament, of that real estate of which such disposition is permitted
by law.
As to that real estate of which they may not have disposed or of which
the law does not permit them to dispose by gift or testament, its
succession shall be governed in accordance with Ottoman law.
ART. V. All foreigners shall enjoy the privileges of the present law as
soon as the powers on which they depend shall agree to the arrangements
proposed by the Sublime Porte for the exercise of the right to hold real
estate.
Now, therefore, be it known that I, Ulysses S. Grant, President of the
United States of America, have caused the said protocol and law to be
made public for the information and guidance of citizens of the United
States.
In witness whereof I have hereunto set my hand and caused the seal of
the United States to be affixed.
[SEAL.]
Done at the city of Washington, this 29th day of October, A.D. 1874, and
of the Independence of the United States of America the ninety-ninth.
U.S. GRANT.
By the President:
HAMILTON FISH,
_Secretary of State_.
EXECUTIVE ORDERS.
BY THE PRESIDENT OF THE UNITED STATES.
EXECUTIVE ORDER.
WASHINGTON, _January 23, 1874_.
Whereas it has been brought to the notice of the President of the United
States that in the International Exhibition of Arts, Manufactures, and
Products of the Soil and Mine to be held in the city of Philadelphia
in the year 1876 for the purpose of celebrating the one hundredth
anniversary of the independence of the United States it is desirable
that from the Executive Departments of the Government of the United
States in which there may be articles suitable for the purpose intended
there should appear such articles and materials as will, when presented
in a collective exhibition, illustrate the functions and administrative
faculties of the Government in time of peace and its resources as a war
power, and thereby serve to demonstrate the nature of our institutions
and their adaptations to the wants of the people:
Now, for the purpose of securing a complete and harmonious arrangement
of the articles and materials designed to be exhibited from the
Executive Departments of the Government, it is ordered that a board
to be composed of one person to be named by the head of each of the
Executive Departments which may have articles and materials to be
exhibited, and also of one person to be named in behalf of the
Smithsonian Institution and one to be named in behalf of the Department
of Agriculture, be charged with the preparation, arrangement, and
safe-keeping of such articles and materials as the heads of the several
Departments and the Commissioner of Agriculture and the Director of the
Smithsonian Institution may respectively decide shall be embraced in the
collection; that one of the persons thus named, to be designated by the
President, shall be chairman of such board, and that the board appoint
from their own number such other officers as they may think necessary;
and that the said board when organized be authorized, under the
direction of the President, to confer with the executive officers of the
Centennial Exhibition in relation to such matters connected with the
subject as may pertain to the respective Departments having articles
and materials on exhibition; and that the names of the persons thus
selected by the heads of the several Departments, the Commissioner of
Agriculture, and the Director of the Smithsonian Institution shall be
submitted to the President for designation.
By order of the President:
HAMILTON FISH,
_Secretary of State_.
GENERAL ORDERS, No. 22.
WAR DEPARTMENT,
ADJUTANT-GENERAL'S OFFICE,
_Washington, March 9, 1874_.
I. The following order has been received from the President of the
United States:
EXECUTIVE MANSION, _Washington, March 9, 1874_.
It is with deep regret that the President announces to the people of
the United States the death of Millard Fillmore, one of his honored
predecessors, who died at Buffalo, N.Y., last evening.
The long-continued and useful public service and eminent purity of
character of the deceased ex-President will be remembered beyond the
days of mourning in which a nation will be thrown by the event which
is thus announced.
As a mark of respect to his memory, it is ordered that the Executive
Mansion and the several Departments at Washington be draped in mourning
until the close of the day on which the funeral shall take place, and
that all business be suspended on the day of the funeral.
It is further ordered that the War and Navy Departments cause suitable
military and naval honors to be paid on the occasion to the memory of
the eminent citizen whose life is now closed.
U.S. GRANT.
By the President:
HAMILTON FISH,
_Secretary of State_.
II. In compliance with the President's instructions, the troops will be
paraded at 10 o'clock a.m. on the day after the receipt of this order at
each military post, when the order will be read to them, and the labors
of that day will thereafter cease.
The national flag will be displayed at half-staff.
At dawn of day thirteen guns will be fired, and afterwards at intervals
of thirty minutes between the rising and setting sun a single gun, and
at the close of the day a national salute of thirty-seven guns.
The officers of the Army will wear crape on the left arm and on their
swords and the colors of the several regiments will be put in mourning
for the period of thirty days.
By order of the Secretary of War:
E.D. TOWNSEND,
_Adjutant-General_.
SPECIAL ORDER.
NAVY DEPARTMENT, _Washington, March 9, 1874_.
The President of the United States announces the death of ex-President
Millard Fillmore in the following order:
[For order see preceding page.]
In pursuance of the foregoing order, it is hereby directed that the
ensign at each naval station and of each vessel of the United States
Navy in commission be hoisted at half-mast from sunrise to sunset, and
that a gun be fired at intervals of every half hour from sunrise to
sunset at each naval station and on board of flagships and of vessels
acting singly, on Thursday, the 12th instant, the day of the funeral,
where this order may be received in time, otherwise on the day after
its receipt.
The officers of the Navy and Marine Corps will wear the usual badge of
mourning attached to the sword hilt and on the left arm for the period
of thirty days.
GEO. M. ROBESON,
_Secretary of the Navy_.
EXECUTIVE MANSION, _Washington, D.C., May 27, 1874_.
SIR:[82] The President directs me to say that the several Departments of
the Government will be closed on the 30th instant, in order to enable
the employees to participate in the decoration of the graves of the
soldiers who fell during the rebellion.
I am, sir, your obedient servant,
O.E. BABCOCK, _Secretary_.
[Footnote 82: Addressed to the heads of the Executive Departments, etc.]
WASHINGTON, _May 29, 1874_.
The Civil Service Commission, at its sessions at Washington, having
recommended certain rules[83] to be prescribed by the President for the
government of the Light-House Service of the United States, these rules
as herewith published are approved, and their provisions will be
enforced by the proper officers.
U.S. GRANT.
[Footnote 83: Omitted.]
AUGUST 31, 1874.
It appearing to me from their trial at Washington and at the city of New
York that the further extension of the civil-service rules will promote
the efficiency of the public service, it is ordered that such rules be,
and they are hereby, extended to the several Federal offices at the city
and in the customs district of Boston, and that the proper measures be
taken for carrying this order into effect.
U.S. GRANT.
SIXTH ANNUAL MESSAGE.
EXECUTIVE MANSION, _December 7, 1874_.
_To the Senate and House of Representatives_:
Since the convening of Congress one year ago the nation has undergone a
prostration in business and industries such as has not been witnessed
with us for many years. Speculation as to the causes for this
prostration might be indulged in without profit, because as many
theories would be advanced as there would be independent writers--those
who expressed their own views without borrowing--upon the subject.
Without indulging in theories as to the cause of this prostration,
therefore, I will call your attention only to the fact, and to some
plain questions as to which it would seem there should be no
disagreement.
During this prostration two essential elements of prosperity have been
most abundant--labor and capital. Both have been largely unemployed.
Where security has been undoubted, capital has been attainable at
very moderate rates. Where labor has been wanted, it has been found
in abundance, at cheap rates compared with what--of necessaries and
comforts of life--could be purchased with the wages demanded. Two great
elements of prosperity, therefore, have not been denied us. A third
might be added: Our soil and climate are unequaled, within the limits
of any contiguous territory under one nationality, for its variety of
products to feed and clothe a people and in the amount of surplus to
spare to feed less favored peoples. Therefore, with these facts in view,
it seems to me that wise statesmanship, at this session of Congress,
would dictate legislation ignoring the past; directing in proper
channels these great elements of prosperity to any people. Debt, debt
abroad, is the only element that can, with always a sound currency,
enter into our affairs to cause any continued depression in the
industries and prosperity of our people.
A great conflict for national existence made necessary, for
temporary purposes, the raising of large sums of money from whatever
source attainable. It made it necessary, in the wisdom of Congress--and
I do not doubt their wisdom in the premises, regarding the necessity
of the times--to devise a system of national currency which it proved
to be impossible to keep on a par with the recognized currency of
the civilized world. This begot a spirit of speculation involving an
extravagance and luxury not required for the happiness or prosperity
of a people, and involving, both directly and indirectly, foreign
indebtedness. The currency, being of fluctuating value, and therefore
unsafe to hold for legitimate transactions requiring money, became a
subject of speculation within itself. These two causes, however, have
involved us in a foreign indebtedness, contracted in good faith by
borrower and lender, which should be paid in coin, and according to the
bond agreed upon when the debt was contracted--gold or its equivalent.
The good faith of the Government can not be violated toward creditors
without national disgrace. But our commerce should be encouraged;
American shipbuilding and carrying capacity increased; foreign markets
sought for products of the soil and manufactories, to the end that
we may be able to pay these debts. Where a new market can be created
for the sale of our products, either of the soil, the mine, or the
manufactory, a new means is discovered of utilizing our idle capital and
labor to the advantage of the whole people. But, in my judgment, the
first step toward accomplishing this object is to secure a currency of
fixed, stable value; a currency good wherever civilization reigns; one
which, if it becomes superabundant with one people, will find a market
with some other; a currency which has as its basis the labor necessary
to produce it, which will give to it its value. Gold and silver are
now the recognized medium of exchange the civilized world over, and to
this we should return with the least practicable delay. In view of the
pledges of the American Congress when our present legal-tender system
was adopted, and debt contracted, there should be no delay--certainly
no unnecessary delay--in fixing by legislation a method by which we
will return to specie. To the accomplishment of this end I invite your
special attention. I believe firmly that there can be no prosperous
and permanent revival of business and industries until a policy is
adopted--with legislation to carry it out--looking to a return to a
specie basis. It is easy to conceive that the debtor and speculative
classes may think it of value to them to make so-called money abundant
until they can throw a portion of their burdens upon others. But even
these, I believe, would be disappointed in the result if a course should
be pursued which will keep in doubt the value of the legal-tender medium
of exchange. A revival of productive industry is needed by all classes;
by none more than the holders of property, of whatever sort, with debts
to liquidate from realization upon its sale. But admitting that these
two classes of citizens are to be benefited by expansion, would it be
honest to give it? Would not the general loss be too great to justify
such relief? Would it not be just as honest and prudent to authorize
each debtor to issue his own legal-tenders to the extent of his
liabilities? Than to do this, would it not be safer, for fear of
overissues by unscrupulous creditors, to say that all debt obligations
are obliterated in the United States, and now we commence anew, each
possessing all he has at the time free from incumbrance? These
propositions are too absurd to be entertained for a moment by thinking
or honest people. Yet every delay in preparation for final resumption
partakes of this dishonesty, and is only less in degree as the hope is
held out that a convenient season will at last arrive for the good work
of redeeming our pledges to commence. It will never come, in my opinion,
except by positive action by Congress, or by national disasters which
will destroy, for a time at least, the credit of the individual and the
State at large. A sound currency might be reached by total bankruptcy
and discredit of the integrity of the nation and of individuals.
I believe it is in the power of Congress at this session to devise such
legislation as will renew confidence, revive all the industries, start
us on a career of prosperity to last for many years and to save the
credit of the nation and of the people. Steps toward the return to a
specie basis are the great requisites to this devoutly to be sought
for end. There are others which I may touch upon hereafter.
A nation dealing in a currency below that of specie in value labors
under two great disadvantages: First, having no use for the world's
acknowledged medium of exchange, gold and silver, these are driven out
of the country because there is no need for their use; second, the
medium of exchange in use being of a fluctuating value--for, after all,
it is only worth just what it will purchase of gold and silver, metals
having an intrinsic value just in proportion to the honest labor it
takes to produce them--a larger margin must be allowed for profit by the
manufacturer and producer. It is months from the date of production to
the date of realization. Interest upon capital must be charged, and
risk of fluctuation in the value of that which is to be received in
payment added. Hence high prices, acting as a protection to the foreign
producer, who receives nothing in exchange for the products of his skill
and labor except a currency good, at a stable value, the world over.
It seems to me that nothing is clearer than that the greater part of
the burden of existing prostration, for the want of a sound financial
system, falls upon the working man, who must after all produce the
wealth, and the salaried man, who superintends and conducts business.
The burden falls upon them in two ways--by the deprivation of employment
and by the decreased purchasing power of their salaries. It is the duty
of Congress to devise the method of correcting the evils which are
acknowledged to exist, and not mine. But I will venture to suggest two
or three things which seem to me as absolutely necessary to a return to
specie payments, the first great requisite in a return to prosperity.
The legal-tender clause to the law authorizing the issue of currency
by the National Government should be repealed, to take effect as to
all contracts entered into after a day fixed in the repealing act--not
to apply, however, to payments of salaries by Government, or for other
expenditures now provided by law to be paid in currency, in the interval
pending between repeal and final resumption. Provision should be made
by which the Secretary of the Treasury can obtain gold as it may become
necessary from time to time from the date when specie redemption
commences. To this might and should be added a revenue sufficiently in
excess of expenses to insure an accumulation of gold in the Treasury
to sustain permanent redemption.
I commend this subject to your careful consideration, believing that a
favorable solution is attainable, and if reached by this Congress that
the present and future generations will ever gratefully remember it as
their deliverer from a thraldom of evil and disgrace.
With resumption, free banking may be authorized with safety, giving the
same full protection to bill holders which they have under existing
laws. Indeed, I would regard free banking as essential. It would give
proper elasticity to the currency. As more currency should be required
for the transaction of legitimate business, new banks would be started,
and in turn banks would wind up their business when it was found that
there was a superabundance of currency. The experience and judgment of
the people can best decide just how much currency is required for the
transaction of the business of the country. It is unsafe to leave the
settlement of this question to Congress, the Secretary of the Treasury,
or the Executive. Congress should make the regulation under which banks
may exist, but should not make banking a monopoly by limiting the amount
of redeemable paper currency that shall be authorized. Such importance
do I attach to this subject, and so earnestly do I commend it to your
attention, that I give it prominence by introducing it at the beginning
of this message.
During the past year nothing has occurred to disturb the general
friendly and cordial relations of the United States with other powers.
The correspondence submitted herewith between this Government and its
diplomatic representatives, as also with the representatives of other
countries, shows a satisfactory condition of all questions between the
United States and the most of those countries, and with few exceptions,
to which reference is hereafter made, the absence of any points of
difference to be adjusted.
The notice directed by the resolution of Congress of June 17, 1874,
to be given to terminate the convention of July 17, 1858, between
the United States and Belgium has been given, and the treaty will
accordingly terminate on the 1st day of July, 1875. This convention
secured to certain Belgian vessels entering the ports of the United
States exceptional privileges which are not accorded to our own vessels.
Other features of the convention have proved satisfactory, and have
tended to the cultivation of mutually beneficial commercial intercourse
and friendly relations between the two countries. I hope that
negotiations which have been invited will result in the celebration
of another treaty which may tend to the interests of both countries.
Our relations with China continue to be friendly. During the past year
the fear of hostilities between China and Japan, growing out of the
landing of an armed force upon the island of Formosa by the latter,
has occasioned uneasiness. It is earnestly hoped, however, that the
difficulties arising from this cause will be adjusted, and that the
advance of civilization in these Empires may not be retarded by a state
of war. In consequence of the part taken by certain citizens of the
United States in this expedition, our representatives in those countries
have been instructed to impress upon the Governments of China and Japan
the firm intention of this country to maintain strict neutrality in the
event of hostilities, and to carefully prevent any infraction of law on
the part of our citizens.
In connection with this subject I call the attention of Congress to
a generally conceded fact--that the great proportion of the Chinese
immigrants who come to our shores do not come voluntarily, to make their
homes with us and their labor productive of general prosperity, but come
under contracts with headmen, who own them almost absolutely. In a worse
form does this apply to Chinese women. Hardly a perceptible percentage
of them perform any honorable labor, but they are brought for shameful
purposes, to the disgrace of the communities where settled and to the
great demoralization of the youth of those localities. If this evil
practice can be legislated against, it will be my pleasure as well
as duty to enforce any regulation to secure so desirable an end.
It is hoped that negotiations between the Government of Japan and the
treaty powers, looking to the further opening of the Empire and to the
removal of various restrictions upon trade and travel, may soon produce
the results desired, which can not fail to inure to the benefit of all
the parties. Having on previous occasions submitted to the consideration
of Congress the propriety of the release of the Japanese Government from
the further payment of the indemnity under the convention of October 22,
1864, and as no action had been taken thereon, it became my duty to
regard the obligations of the convention as in force; and as the other
powers interested had received their portion of the indemnity in full,
the minister of the United States in Japan has, in behalf of this
Government, received the remainder of the amount due to the United
States under the convention of Simonosaki. I submit the propriety of
applying the income of a part, if not of the whole, of this fund to the
education in the Japanese language of a number of young men to be under
obligations to serve the Government for a specified time as interpreters
at the legation and the consulates in Japan. A limited number of
Japanese youths might at the same time be educated in our own
vernacular, and mutual benefits would result to both Governments.
The importance of having our own citizens, competent and familiar with
the language of Japan, to act as interpreters and in other capacities
connected with the legation and the consulates in that country can not
readily be overestimated.
The amount awarded to the Government of Great Britain by the mixed
commission organized under the provisions of the treaty of Washington in
settlement of the claims of British subjects arising from acts committed
between April 13, 1861, and April 9, 1865, became payable, under the
terms of the treaty, within the past year, and was paid upon the 21st
day of September, 1874. In this connection I renew my recommendation,
made at the opening of the last session of Congress, that a special
court be created to hear and determine all claims of aliens against
the United States arising from acts committed against their persons or
property during the insurrection. It appears equitable that opportunity
should be offered to citizens of other states to present their claims,
as well as to those British subjects whose claims were not admissible
under the late commission, to the early decision of some competent
tribunal. To this end I recommend the necessary legislation to organize
a court to dispose of all claims of aliens of the nature referred to in
an equitable and satisfactory manner, and to relieve Congress and the
Departments from the consideration of these questions.
The legislation necessary to extend to the colony of Newfoundland
certain articles of the treaty of Washington of the 8th day of May,
1871, having been had, a protocol to that effect was signed in behalf of
the United States and of Great Britain on the 28th day of May last, and
was duly proclaimed on the following day. A copy of the proclamation[84]
is submitted herewith.
A copy of the report of the commissioner appointed under the act of
March 19, 1872, for surveying and marking the boundary between the
United States and the British possessions from the Lake of the Woods to
the summit of the Rocky Mountains is herewith transmitted. I am happy
to announce that the field work of the commission has been completed,
and the entire line from the northwest corner of the Lake of the Woods
to the summit of the Rocky Mountains has been run and marked upon
the surface of the earth. It is believed that the amount remaining
unexpended of the appropriation made at the last session of Congress
will be sufficient to complete the office work. I recommend that the
authority of Congress be given to the use of the unexpended balance of
the appropriation in the completion of the work of the commission in
making its report and preparing the necessary maps.
The court known as the Court of Commissioners of Alabama Claims, created
by an act of Congress of the last session, has organized and commenced
its work, and it is to be hoped that the claims admissible under the
provisions of the act may be speedily ascertained and paid.
It has been deemed advisable to exercise the discretion conferred upon
the Executive at the last session by accepting the conditions required
by the Government of Turkey for the privilege of allowing citizens of
the United States to hold real estate in the former country, and by
assenting to a certain change in the jurisdiction of courts in the
latter. A copy of the proclamation[85] upon these subjects is herewith
communicated.
There has been no material change in our relations with the independent
States of this hemisphere which were formerly under the dominion of
Spain. Marauding on the frontiers between Mexico and Texas still
frequently takes place, despite the vigilance of the civil and military
authorities in that quarter. The difficulty of checking such trespasses
along the course of a river of such length as the Rio Grande, and so
often fordable, is obvious. It is hoped that the efforts of this
Government will be seconded by those of Mexico to the effectual
suppression of these acts of wrong.
From a report upon the condition of the business before the American and
Mexican Joint Claims Commission, made by the agent on the part of the
United States, and dated October 28, 1874, it appears that of the 1,017
claims filed on the part of citizens of the United States, 483 had been
finally decided and 75 were in the hands of the umpire, leaving 462 to
be disposed of; and of the 998 claims filed against the United States,
726 had been finally decided, 1 was before the umpire, and 271 remained
to be disposed of. Since the date of such report other claims have been
disposed of, reducing somewhat the number still pending; and others have
been passed upon by the arbitrators. It has become apparent, in view of
these figures and of the fact that the work devolving on the umpire is
particularly laborious, that the commission will be unable to dispose of
the entire number of claims pending prior to the 1st day of February,
1875--the date fixed for its expiration. Negotiations are pending
looking to the securing of the results of the decisions which have been
reached and to a further extension of the commission for a limited time,
which it is confidently hoped will suffice to bring all the business now
before it to a final close.
The strife in the Argentine Republic is to be deplored, both on account
of the parties thereto and from the probable effects on the interests of
those engaged in the trade to that quarter, of whom the United States
are among the principal. As yet, so far as I am aware, there has been no
violation of our neutrality rights, which, as well as our duties in that
respect, it shall be my endeavor to maintain and observe.
It is with regret I announce that no further payment has been received
from the Government of Venezuela on account of awards in favor of
citizens of the United States. Hopes have been entertained that if that
Republic could escape both foreign and civil war for a few years its
great natural resources would enable it to honor its obligations. Though
it is now understood to be at peace with other countries, a serious
insurrection is reported to be in progress in an important region of
that Republic. This may be taken advantage of as another reason to delay
the payment of the dues of our citizens.
The deplorable strife in Cuba continues without any marked change
in the relative advantages of the contending forces. The insurrection
continues, but Spain has gained no superiority. Six years of strife give
to the insurrection a significance which can not be denied. Its duration
and the tenacity of its adherence, together with the absence of
manifested power of suppression on the part of Spain, can not be
controverted, and may make some positive steps on the part of other
powers a matter of self-necessity. I had confidently hoped at this
time to be able to announce the arrangement of some of the important
questions between this Government and that of Spain, but the
negotiations have been protracted. The unhappy intestine dissensions of
Spain command our profound sympathy, and must be accepted as perhaps
a cause of some delay. An early settlement, in part at least, of the
questions between the Governments is hoped. In the meantime, awaiting
the results of immediately pending negotiations, I defer a further and
fuller communication on the subject of the relations of this country
and Spain.
I have again to call the attention of Congress to the unsatisfactory
condition of the existing laws with reference to expatriation and the
election of nationality. Formerly, amid conflicting opinions and
decisions, it was difficult to exactly determine how far the doctrine of
perpetual allegiance was applicable to citizens of the United States.
Congress by the act of the 27th of July, 1868, asserted the abstract
right of expatriation as a fundamental principle of this Government.
Notwithstanding such assertion and the necessity of frequent application
of the principle, no legislation has been had defining what acts or
formalities shall work expatriation or when a citizen shall be deemed
to have renounced or to have lost his citizenship. The importance of
such definition is obvious. The representatives of the United States in
foreign countries are continually called upon to lend their aid and the
protection of the United States to persons concerning the good faith or
the reality of whose citizenship there is at least great question.
In some cases the provisions of the treaties furnish some guide; in
others it seems left to the person claiming the benefits of citizenship,
while living in a foreign country, contributing in no manner to the
performance of the duties of a citizen of the United States, and without
intention at any time to return and undertake those duties, to use the
claims to citizenship of the United States simply as a shield from the
performance of the obligations of a citizen elsewhere.
The status of children born of American parents residing in a foreign
country, of American women who have married aliens, of American citizens
residing abroad where such question is not regulated by treaty, are all
sources of frequent difficulty and discussion. Legislation on these
and similar questions, and particularly defining when and under what
circumstances expatriation can be accomplished or is to be presumed, is
especially needed. In this connection I earnestly call the attention of
Congress to the difficulties arising from fraudulent naturalization.
The United States wisely, freely, and liberally offers its citizenship
to all who may come in good faith to reside within its limits on their
complying with certain prescribed reasonable and simple formalities and
conditions. Among the highest duties of the Government is that to afford
firm, sufficient, and equal protection to all its citizens, whether
native born or naturalized. Care should be taken that a right carrying
with it such support from the Government should not be fraudulently
obtained, and should be bestowed only upon full proof of a compliance
with the law; and yet frequent instances are brought to the attention
of the Government of illegal and fraudulent naturalization and of the
unauthorized use of certificates thus improperly obtained. In some cases
the fraudulent character of the naturalization has appeared upon the
face of the certificate itself; in others examination discloses that the
holder had not complied with the law, and in others certificates have
been obtained where the persons holding them not only were not entitled
to be naturalized, but had not even been within the United States at the
time of the pretended naturalization. Instances of each of these classes
of fraud are discovered at our legations, where the certificates of
naturalization are presented either for the purpose of obtaining
passports or in demanding the protection of the legation. When the fraud
is apparent on the face of such certificates, they are taken up by the
representatives of the Government and forwarded to the Department of
State. But even then the record of the court in which the fraudulent
naturalization occurred remains, and duplicate certificates are readily
obtainable. Upon the presentation of these for the issue of passports or
in demanding protection of the Government, the fraud sometimes escapes
notice, and such certificates are not infrequently used in transactions
of business to the deception and injury of innocent parties. Without
placing any additional obstacles in the way of the obtainment of
citizenship by the worthy and well-intentioned foreigner who comes in
good faith to cast his lot with ours, I earnestly recommend further
legislation to punish fraudulent naturalization and to secure the ready
cancellation of the record of every naturalization made in fraud.
Since my last annual message the exchange has been made of the
ratification of treaties of extradition with Belgium, Ecuador, Peru, and
Salvador; also of a treaty of commerce and navigation with Peru, and one
of commerce and consular privileges with Salvador; all of which have
been duly proclaimed, as has also a declaration with Russia with
reference to trade-marks.
The report of the Secretary of the Treasury, which by law is made
directly to Congress, and forms no part of this message, will show the
receipts and expenditures of the Government for the last fiscal year,
the amount received from each source of revenue, and the amount paid
out for each of the Departments of Government, It will be observed from
this report that the amount of receipts over expenditures has been but
$2,344,882.30 for the fiscal year ending June 30, 1874, and that for the
current fiscal year the estimated receipts over expenditures will not
much exceed $9,000,000. In view of the large national debt existing and
the obligation to add 1 per cent per annum to the sinking fund, a sum
amounting now to over $34,000,000 per annum, I submit whether revenues
should not be increased or expenditures diminished to reach this amount
of surplus. Not to provide for the sinking fund is a partial failure
to comply with the contracts and obligations of the Government. At the
last session of Congress a very considerable reduction was made in rates
of taxation and in the number of articles submitted to taxation; the
question may well be asked, whether or not, in some instances, unwisely.
In connection with this subject, too, I venture the opinion that the
means of collecting the revenue, especially from imports, have been so
embarrassed by legislation as to make it questionable whether or not
large amounts are not lost by failure to collect, to the direct loss of
the Treasury and to the prejudice of the interests of honest importers
and taxpayers.
The Secretary of the Treasury in his report favors legislation looking
to an early return to specie payments, thus supporting views previously
expressed in this message. He also recommends economy in appropriations;
calls attention to the loss of revenue from repealing the tax on tea and
coffee, without benefit to the consumer; recommends an increase of 10
cents a gallon on whisky, and, further, that no modification be made in
the banking and currency bill passed at the last session of Congress,
unless modification should become necessary by reason of the adoption
of measures for returning to specie payments. In these recommendations
I cordially join.
I would suggest to Congress the propriety of readjusting the tariff so
as to increase the revenue, and at the same time decrease the number of
articles upon which duties are levied. Those articles which enter into
our manufactures and are not produced at home, it seems to me, should
be entered free. Those articles of manufacture which we produce a
constituent part of, but do not produce the whole, that part which we
do not produce should enter free also. I will instance fine wool, dyes,
etc. These articles must be imported to form a part of the manufacture
of the higher grades of woolen goods. Chemicals used as dyes, compounded
in medicines, and used in various ways in manufactures come under this
class. The introduction free of duty of such wools as we do not produce
would stimulate the manufacture of goods requiring the use of those we
do produce, and therefore would be a benefit to home production. There
are many articles entering into "home manufactures" which we do not
produce ourselves the tariff upon which increases the cost of producing
the manufactured article. All corrections in this regard are in the
direction of bringing labor and capital in harmony with each other
and of supplying one of the elements of prosperity so much needed.
The report of the Secretary of War herewith attached, and forming a part
of this message, gives all the information concerning the operations,
wants, and necessities of the Army, and contains many suggestions and
recommendations which I commend to your special attention.
There is no class of Government employees who are harder worked than the
Army--officers and men; none who perform their tasks more cheerfully and
efficiently and under circumstances of greater privations and hardships.
Legislation is desirable to render more efficient this branch of the
public service. All the recommendations of the Secretary of War I regard
as judicious, and I especially commend to your attention the following:
The consolidation of Government arsenals; the restoration of mileage to
officers traveling under orders; the exemption of money received from
the sale of subsistence stores from being covered into the Treasury; the
use of appropriations for the purchase of subsistence stores without
waiting for the beginning of the fiscal year for which the appropriation
is made; for additional appropriations for the collection of torpedo
material; for increased appropriations for the manufacture of arms; for
relieving the various States from indebtedness for arms charged to them
during the rebellion; for dropping officers from the rolls of the Army
without trial for the offense of drawing pay more than once for the same
period; for the discouragement of the plan to pay soldiers by check,
and for the establishment of a professorship of rhetoric and English
literature at West Point. The reasons for these recommendations are
obvious, and are set forth sufficiently in the reports attached. I also
recommend that the status of the staff corps of the Army be fixed,
where this has not already been done, so that promotions may be made
and vacancies filled as they occur in each grade when reduced below
the number to be fixed by law. The necessity for such legislation is
specially felt now in the Pay Department. The number of officers in that
department is below the number adequate to the performance of the duties
required of them by law.
The efficiency of the Navy has been largely increased during the last
year. Under the impulse of the foreign complications which threatened
us at the commencement of the last session of Congress, most of our
efficient wooden ships were put in condition for immediate service, and
the repairs of our ironclad fleet were pushed with the utmost vigor.
The result is that most of these are now in an effective state and need
only to be manned and put in commission to go at once into service.
Some of the new sloops authorized by Congress are already in commission,
and most of the remainder are launched and wait only the completion of
their machinery to enable them to take their places as part of our
effective force.
Two iron torpedo ships have been completed during the last year, and
four of our large double-turreted ironclads are now undergoing repairs.
When these are finished, everything that is useful of our Navy, as now
authorized, will be in condition for service, and with the advance in
the science of torpedo warfare the American Navy, comparatively small as
it is, will be found at any time powerful for the purposes of a peaceful
nation.
Much has been accomplished during the year in aid of science and to
increase the sum of general knowledge and further the interests of
commerce and civilization. Extensive and much-needed soundings have been
made for hydrographic purposes and to fix the proper routes of ocean
telegraphs. Further surveys of the great Isthmus have been undertaken
and completed, and two vessels of the Navy are now employed, in
conjunction with those of England, France, Germany, and Russia, in
observations connected with the transit of Venus, so useful and
interesting to the scientific world.
The estimates for this branch of the public service do not differ
materially from those of last year, those for the general support of
the service being somewhat less and those for permanent improvements
at the various stations rather larger than the corresponding estimate
made a year ago. The regular maintenance and a steady increase in the
efficiency of this most important arm in proportion to the growth of
our maritime intercourse and interests is recommended to the attention
of Congress.
The use of the Navy in time of peace might be further utilized by a
direct authorization of the employment of naval vessels in explorations
and surveys of the supposed navigable waters of other nationalities
on this continent, especially the tributaries of the two great rivers
of South America, the Orinoco and the Amazon. Nothing prevents,
under existing laws, such exploration, except that expenditures
must be made in such expeditions beyond those usually provided for
in the appropriations. The field designated is unquestionably one
of interest and one capable of large development of commercial
interests--advantageous to the peoples reached and to those who
may establish relations with them.
Education of the people entitled to exercise the right of franchise
I regard essential to general prosperity everywhere, and especially so
in republics, where birth, education, or previous condition does not
enter into account in giving suffrage. Next to the public school, the
post-office is the great agent of education over our vast territory. The
rapidity with which new sections are being settled, thus increasing the
carrying of mails in a more rapid ratio than the increase of receipts,
is not alarming. The report of the Postmaster-General herewith attached
shows that there was an increase of revenue in his Department in 1873
over the previous year of $1,674,411, and an increase of cost of
carrying the mails and paying employees of $3,041,468.91. The report of
the Postmaster-General gives interesting statistics of his Department,
and compares them with the corresponding statistics of a year ago,
showing a growth in every branch of the Department.
A postal convention has been concluded with New South Wales, an exchange
of postal cards established with Switzerland, and the negotiations
pending for several years past with France have been terminated in a
convention with that country, which went into effect last August.
An international postal congress was convened in Berne, Switzerland, in
September last, at which the United States was represented by an officer
of the Post-Office Department of much experience and of qualification
for the position. A convention for the establishment of an international
postal union was agreed upon and signed by the delegates of the
countries represented, subject to the approval of the proper authorities
of those countries.
I respectfully direct your attention to the report of the
Postmaster-General and to his suggestions in regard to an equitable
adjustment of the question of compensation to railroads for carrying the
mails.
Your attention will be drawn to the unsettled condition of affairs in
some of the Southern States.
On the 14th of September last the governor of Louisiana called upon me,
as provided by the Constitution and laws of the United States, to aid in
suppressing domestic violence in that State. This call was made in view
of a proclamation issued on that day by D.B. Penn, claiming that he
was elected lieutenant-governor in 1872, and calling upon the militia
of the State to arm, assemble, and drive from power the usurpers, as
he designated the officers of the State government. On the next day I
issued my proclamation[1] commanding the insurgents to disperse within
five days from the date thereof, and subsequently learned that on that
day they had taken forcible possession of the statehouse. Steps were
taken by me to support the existing and recognized State government, but
before the expiration of the five days the insurrectionary movement was
practically abandoned, and the officers of the State government, with
some minor exceptions, resumed their powers and duties. Considering
that the present State administration of Louisiana has been the only
government in that State for nearly two years; that it has been tacitly
acknowledged and acquiesced in as such by Congress, and more than once
expressly recognized by me, I regarded it as my clear duty, when legally
called upon for that purpose, to prevent its overthrow by an armed mob
under pretense of fraud and irregularity in the election of 1872. I have
heretofore called the attention of Congress to this subject, stating
that on account of the frauds and forgeries committed at said election,
and because it appears that the returns thereof were never legally
canvassed, it was impossible to tell thereby who were chosen; but from
the best sources of information at my command I have always believed
that the present State officers received a majority of the legal votes
actually cast at that election. I repeat what I said in my special
message of February 23, 1873, that in the event of no action by Congress
I must continue to recognize the government heretofore recognized by me.
I regret to say that with preparations for the late election decided
indications appeared in some localities in the Southern States of a
determination, by acts of violence and intimidation, to deprive citizens
of the freedom of the ballot because of their political opinions. Bands
of men, masked and armed, made their appearance; White Leagues and other
societies were formed; large quantities of arms and ammunition were
imported and distributed to these organizations; military drills, with
menacing demonstrations, were held, and with all these murders enough
were committed to spread terror among those whose political action
was to be suppressed, if possible, by these intolerant and criminal
proceedings. In some places colored laborers were compelled to vote
according to the wishes of their employers, under threats of discharge
if they acted otherwise; and there are too many instances in which, when
these threats were disregarded, they were remorselessly executed by
those who made them. I understand that the fifteenth amendment to the
Constitution was made to prevent this and a like state of things, and
the act of May 31, 1870, with amendments, was passed to enforce its
provisions, the object of both being to guarantee to all citizens the
right to vote and to protect them in the free enjoyment of that right.
Enjoined by the Constitution "to take care that the laws be faithfully
executed," and convinced by undoubted evidence that violations of said
act had been committed and that a widespread and flagrant disregard of
it was contemplated, the proper officers were instructed to prosecute
the offenders, and troops were stationed at convenient points to aid
these officers, if necessary, in the performance of their official
duties. Complaints are made of this interference by Federal authority;
but if said amendment and act do not provide for such interference under
the circumstances as above stated, then they are without meaning, force,
or effect, and the whole scheme of colored enfranchisement is worse than
mockery and little better than a crime. Possibly Congress may find it
due to truth and justice to ascertain, by means of a committee, whether
the alleged wrongs to colored citizens for political purposes are real
or the reports thereof were manufactured for the occasion.
The whole number of troops in the States of Louisiana, Alabama, Georgia,
Florida, South Carolina, North Carolina, Kentucky, Tennessee, Arkansas,
Mississippi, Maryland, and Virginia at the time of the election was
4,082. This embraces the garrisons of all the forts from the Delaware
to the Gulf of Mexico.
Another trouble has arisen in Arkansas. Article 13 of the constitution
of that State (which was adopted in 1868, and upon the approval of
which by Congress the State was restored to representation as one of
the States of the Union) provides in effect that before any amendments
proposed to this constitution shall become a part thereof they shall be
passed by two successive assemblies and then submitted to and ratified
by a majority of the electors of the State voting thereon. On the 11th
of May, 1874, the governor convened an extra session of the general
assembly of the State, which on the 18th of the same month passed an act
providing for a convention to frame a new constitution. Pursuant to this
act, and at an election held on the 30th of June, 1874, the convention
was approved, and delegates were chosen thereto, who assembled on the
14th of last July and framed a new constitution, the schedule of which
provided for the election of an entire new set of State officers in a
manner contrary to the then existing election laws of the State. On
the 13th of October, 1874, this constitution, as therein provided, was
submitted to the people for their approval or rejection, and according
to the election returns was approved by a large majority of those
qualified to vote thereon; and at the same election persons were chosen
to fill all the State, county, and township offices. The governor
elected in 1872 for the term of four years turned over his office
to the governor chosen under the new constitution, whereupon the
lieutenant-governor, also elected in 1872 for a term of four years,
claiming to act as governor, and alleging that said proceedings by which
the new constitution was made and a new set of officers elected were
unconstitutional, illegal, and void, called upon me, as provided in
section 4, Article IV, of the Constitution, to protect the State against
domestic violence. As Congress is now investigating the political
affairs of Arkansas, I have declined to interfere.
The whole subject of Executive interference with the affairs of
a State is repugnant to public opinion, to the feelings of those who,
from their official capacity, must be used in such interposition, and to
him or those who must direct. Unless most clearly on the side of law,
such interference becomes a crime; with the law to support it, it is
condemned without a hearing. I desire, therefore, that all necessity
for Executive direction in local affairs may become unnecessary and
obsolete. I invite the attention, not of Congress, but of the people of
the United States, to the causes and effects of these unhappy questions.
Is there not a disposition on one side to magnify wrongs and outrages,
and on the other side to belittle them or justify them? If public
opinion could be directed to a correct survey of what is and to rebuking
wrong and aiding the proper authorities in punishing it, a better state
of feeling would be inculcated, and the sooner we would have that peace
which would leave the States free indeed to regulate their own domestic
affairs. I believe on the part of our citizens of the Southern
States--the better part of them--there is a disposition to be law
abiding, and to do no violence either to individuals or to the laws
existing. But do they do right in ignoring the existence of violence
and bloodshed in resistance to constituted authority? I sympathize
with their prostrate condition, and would do all in my power to
relieve them, acknowledging that in some instances they have had most
trying governments to live under, and very oppressive ones in the
way of taxation for nominal improvements, not giving benefits equal
to the hardships imposed. But can they proclaim themselves entirely
irresponsible for this condition? They can not. Violence has been
rampant in some localities, and has either been justified or denied by
those who could have prevented it. The theory is even raised that there
is to be no further interference on the part of the General Government
to protect citizens within a State where the State authorities fail to
give protection. This is a great mistake. While I remain Executive all
the laws of Congress and the provisions of the Constitution, including
the recent amendments added thereto, will be enforced with rigor, but
with regret that they should have added one jot or tittle to Executive
duties or powers. Let there be fairness in the discussion of Southern
questions, the advocates of both or all political parties giving honest,
truthful reports of occurrences, condemning the wrong and upholding the
right, and soon all will be well. Under existing conditions the negro
votes the Republican ticket because he knows his friends are of that
party. Many a good citizen votes the opposite, not because he agrees
with the great principles of state which separate parties, but because,
generally, he is opposed to negro rule. This is a most delusive cry.
Treat the negro as a citizen and a voter, as he is and must remain, and
soon parties will be divided, not on the color line, but on principle.
Then we shall have no complaint of sectional interference.
The report of the Attorney-General contains valuable recommendations
relating to the administration of justice in the courts of the United
States, to which I invite your attention.
I respectfully suggest to Congress the propriety of increasing the
number of judicial districts in the United States to eleven (the present
number being nine) and the creation of two additional judgeships. The
territory to be traversed by the circuit judges is so great and the
business of the courts so steadily increasing that it is growing more
and more impossible for them to keep up with the business requiring
their attention. Whether this would involve the necessity of adding two
more justices of the Supreme Court to the present number I submit to the
judgment of Congress.
The attention of Congress is invited to the report of the Secretary
of the Interior and to the legislation asked for by him. The domestic
interests of the people are more intimately connected with this
Department than with either of the other Departments of Government.
Its duties have been added to from time to time until they have become
so onerous that without the most perfect system and order it will be
impossible for any Secretary of the Interior to keep trace of all
official transactions having his sanction and done in his name, and
for which he is held personally responsible.
The policy adopted for the management of Indian affairs, known as the
peace policy, has been adhered to with most beneficial results. It is
confidently hoped that a few years more will relieve our frontiers from
danger of Indian depredations.
I commend the recommendation of the Secretary for the extension
of the homestead laws to the Indians and for some sort of Territorial
government for the Indian Territory. A great majority of the Indians
occupying this Territory are believed yet to be incapable of maintaining
their rights against the more civilized and enlightened white man. Any
Territorial form of government given them, therefore, should protect
them in their homes and property for a period of at least twenty years,
and before its final adoption should be ratified by a majority of those
affected.
The report of the Secretary of the Interior herewith attached gives much
interesting statistical information, which I abstain from giving an
abstract of, but refer you to the report itself.
The act of Congress providing the oath which pensioners must
subscribe to before drawing their pensions cuts off from this bounty
a few survivors of the War of 1812 residing in the Southern States.
I recommend the restoration of this bounty to all such. The number of
persons whose names would thus be restored to the list of pensioners is
not large. They are all old persons, who could have taken no part in the
rebellion, and the services for which they were awarded pensions were in
defense of the whole country.
The report of the Commissioner of Agriculture herewith contains
suggestions of much interest to the general public, and refers to the
approaching Centennial and the part his Department is ready to take
in it. I feel that the nation at large is interested in having this
exposition a success, and commend to Congress such action as will secure
a greater general interest in it. Already many foreign nations have
signified their intention to be represented at it, and it may be
expected that every civilized nation will be represented.
The rules adopted to improve the civil service of the Government have
been adhered to as closely as has been practicable with the opposition
with which they meet. The effect, I believe, has been beneficial on
the whole, and has tended to the elevation of the service. But it is
impracticable to maintain them without direct and positive support of
Congress. Generally the support which this reform receives is from
those who give it their support only to find fault when the rules are
apparently departed from. Removals from office without preferring
charges against parties removed are frequently cited as departures from
the rules adopted, and the retention of those against whom charges are
made by irresponsible persons and without good grounds is also often
condemned as a violation of them. Under these circumstances, therefore,
I announce that if Congress adjourns without positive legislation on
the subject of "civil-service reform" I will regard such action as a
disapproval of the system, and will abandon it, except so far as to
require examinations for certain appointees, to determine their
fitness. Competitive examinations will be abandoned.
The gentlemen who have given their services, without compensation, as
members of the board to devise rules and regulations for the government
of the civil service of the country have shown much zeal and earnestness
in their work, and to them, as well as to myself, it will be a source
of mortification if it is to be thrown away. But I repeat that it is
impossible to carry this system to a successful issue without general
approval and assistance and positive law to support it.
I have stated that three elements of prosperity to the nation--capital,
labor, skilled and unskilled, and products of the soil--still remain
with us. To direct the employment of these is a problem deserving the
most serious attention of Congress. If employment can be given to all
the labor offering itself, prosperity necessarily follows. I have
expressed the opinion, and repeat it, that the first requisite to the
accomplishment of this end is the substitution of a sound currency
in place of one of a fluctuating value. This secured, there are many
interests that might be fostered to the great profit of both labor and
capital. How to induce capital to employ labor is the question. The
subject of cheap transportation has occupied the attention of Congress.
Much new light on this question will without doubt be given by the
committee appointed by the last Congress to investigate and report upon
this subject.
A revival of shipbuilding, and particularly of iron steamship building,
is of vast importance to our national prosperity. The United States
is now paying over $100,000,000 per annum for freights and passage on
foreign ships--to be carried abroad and expended in the employment
and support of other peoples--beyond a fair percentage of what should
go to foreign vessels, estimating on the tonnage and travel of each
respectively. It is to be regretted that this disparity in the carrying
trade exists, and to correct it I would be willing to see a great
departure from the usual course of Government in supporting what might
usually be termed private enterprise. I would not suggest as a remedy
direct subsidy to American steamship lines, but I would suggest the
direct offer of ample compensation for carrying the mails between
Atlantic Seaboard cities and the Continent on American-owned and
American-built steamers, and would extend this liberality to vessels
carrying the mails to South American States and to Central America and
Mexico, and would pursue the same policy from our Pacific seaports to
foreign seaports on the Pacific. It might be demanded that vessels built
for this service should come up to a standard fixed by legislation in
tonnage, speed, and all other qualities, looking to the possibility of
Government requiring them at some time for war purposes. The right also
of taking possession of them in such emergency should be guarded.
I offer these suggestions, believing them worthy of consideration, in
all seriousness, affecting all sections and all interests alike. If
anything better can be done to direct the country into a course of
general prosperity, no one will be more ready than I to second the plan.
Forwarded herewith will be found the report of the commissioners
appointed under an act of Congress approved June 20, 1874, to wind up
the affairs of the District government. It will be seen from the report
that the net debt of the District of Columbia, less securities on hand
and available, is:
Bonded debt issued prior to July 1, 1874 $8,883,940.43
3.65 bonds, act of Congress June 20, 1874 2,088,168.73
Certificates of the board of audit 4,770,558.45
_____________
15,742,667.61
Less special-improvement assessments
(chargeable to private property) in
excess of any demand against such
assessments $1,614,054.37
Less Chesapeake and Ohio Canal bonds 75,000.00
And Washington and Alexandria Railroad
bonds 59,000.00
_____________
In the hands of the commissioners
of the sinking fund 1,748,054.37
_____________
Leaving actual debt, less said assets 13,994,613.24
In addition to this there are claims preferred against the government of
the District amounting, in the estimated aggregate reported by the board
of audit, to $3,147,787.48, of which the greater part will probably be
rejected. This sum can with no more propriety be included in the debt
account of the District government than can the thousands of claims
against the General Government be included as a portion of the national
debt. But the aggregate sum thus stated includes something more than the
funded debt chargeable exclusively to the District of Columbia. The act
of Congress of June 20, 1874, contemplates an apportionment between the
United States Government and the District of Columbia in respect of the
payment of the principal and interest of the 3.65 bonds. Therefore in
computing with precision the bonded debt of the District the aggregate
sums above stated as respects 3.65 bonds now issued, the outstanding
certificates of the board of audit, and the unadjusted claims pending
before that board should be reduced to the extent of the amount to be
apportioned to the United States Government in the manner indicated in
the act of Congress of June 20, 1874.
I especially invite your attention to the recommendations of the
commissioners of the sinking fund relative to the ambiguity of the act
of June 20, 1874, the interest on the District bonds, and the
consolidation of the indebtedness of the District.
I feel much indebted to the gentlemen who consented to leave their
private affairs and come from a distance to attend to the business of
this District, and for the able and satisfactory manner in which it has
been conducted. I am sure their services will be equally appreciated by
the entire country.
It will be seen from the accompanying full report of the board of health
that the sanitary condition of the District is very satisfactory.
In my opinion the District of Columbia should be regarded as the grounds
of the national capital, in which the entire people are interested. I do
not allude to this to urge generous appropriations to the District, but
to draw the attention of Congress, in framing a law for the government
of the District, to the magnificent scale on which the city was planned
by the founders of the Government; the manner in which, for ornamental
purposes, the reservations, streets, and avenues were laid out, and the
proportion of the property actually possessed by the General Government.
I think the proportion of the expenses of the government and
improvements to be borne by the General Government, the cities of
Washington and Georgetown, and the county should be carefully and
equitably defined.
In accordance with section 3, act approved June 23, 1874, I appointed a
board to make a survey of the mouth of the Mississippi River with a view
to determine the best method of obtaining and maintaining a depth of
water sufficient for the purposes of commerce, etc.; and in accordance
with an act entitled "An act to provide for the appointment of a
commission of engineers to investigate and report a permanent plan for
the reclamation of the alluvial basin of the Mississippi River subject
to inundation," I appointed a commission of engineers. Neither board has
yet completed its labors. When their reports are received, they will be
forwarded to Congress without delay.
U.S. GRANT.
[Footnote 84: See pp. 273-276.]
[Footnote 85: See pp. 277-281.]
[Footnote 86: See pp. 276-277.]
SPECIAL MESSAGES.
WASHINGTON, _December 8, 1874_.
_To the Senate of the United States_:
In answer to the resolution of the Senate of the 3d of February, 1873,
I transmit herewith a report from the Secretary of State, together with
the papers[87] which accompanied it.
U.S. GRANT.
[Footnote 87: Dispatches in regard to the records and public documents
of the Mexican Government relative to the lands embraced within the
Territories of Arizona and New Mexico.]
WASHINGTON, _December 8, 1874_.
_To the Senate of the United States_:
I transmit to the Senate, for consideration with a view to ratification,
a convention between the United States of America and the Ottoman
Empire, relative to the extradition of criminals fugitives from justice,
signed by their respective plenipotentiaries at Constantinople on the
11th of August last.
U.S. GRANT.
WASHINGTON, _December 8, 1874_.
_To the Senate of the United States_:
I transmit to the Senate, for consideration with a view to ratification,
a convention concluded between the United States of America and the
Mexican Republic on the 20th of November last, for further extending the
time for the duration of the joint commission respecting claims,
originally fixed by the convention between the United States and Mexico
signed on the 4th of July, 1868, and extended by those of the 19th of
April, 1871, and 27th of November, 1872, between the same parties.
U.S. GRANT.
WASHINGTON, _December 8, 1874_.
_To the Senate of the United States_:
I transmit to the Senate, for consideration with a view to ratification,
a convention between the United States of America and the Ottoman
Empire, relative to the naturalization of citizens and subjects of the
two countries, signed by their respective plenipotentiaries at
Constantinople on the 11th of August last. A copy of the correspondence
which accompanied the convention on the subject is herewith transmitted.
U.S. GRANT.
WASHINGTON, _December 8, 1874_.
_To the Senate and House of Representatives_:
I transmit herewith a report, dated the 8th instant, with accompanying
papers,[88] from the Secretary of State, in compliance with the
requirements of section 208 of the Revised Statutes of the United
States.
U.S. GRANT.
[Footnote 88: Report of fees collected, etc., by consular officers of
the United States for 1873, list of consular officers, and tariff of
consular fees prescribed by the President September 1, 1874.]
EXECUTIVE MANSION, _December 22, 1874_.
The SPEAKER OF THE HOUSE OF REPRESENTATIVES:
I have the honor to transmit herewith, for the information of Congress,
a memorial[89] forwarded to me by a convention of colored citizens
assembled in the city of Montgomery, Ala., on the 2d of this month.
U.S. GRANT.
[Footnote 89: Asking all the rights of citizenship.]
EXECUTIVE MANSION, _January 5, 1875_.
_To the Senate of the United States_:
In answer to the resolution of the Senate of the 21st December last,
requesting the return of its resolution of the 17th of the same month,
advising and consenting to the appointment of J.C.S. Colby to be consul
of the United States at Chin-Kiang, I have the honor to state that
Mr. Colby's commission was signed on the 17th day of December, and
upon inquiry at the Department of State it was found that it had been
forwarded to him by mail before the receipt of the resolution of recall.
U.S. GRANT.
EXECUTIVE MANSION, _January 12, 1875_.
_To the Senate and House of Representatives_:
In accordance with the requirements of the joint resolution approved
March 25, 1874, authorizing an inquiry into and report upon the causes
of epidemic cholera, I have the honor to transmit herewith reports upon
the subject from the Secretaries of the Treasury and War Departments.
U.S. GRANT.
EXECUTIVE MANSION, _January 13, 1875_.
_To the Senate of the United States_:
I have the honor to make the following answer to a Senate resolution of
the 8th instant, asking for information as to any interference by any
military officer or any part of the Army of the United States with the
organization or proceedings of the general assembly of the State of
Louisiana, or either branch thereof; and also inquiring in regard to the
existence of armed organizations in that State hostile to the government
thereof and intent on overturning such government by force.
To say that lawlessness, turbulence, and bloodshed have characterized
the political affairs of that State since its reorganization under the
reconstruction acts is only to repeat what has become well known as a
part of its unhappy history; but it may be proper here to refer to the
election of 1868, by which the Republican vote of the State, through
fraud and violence, was reduced to a few thousands, and the bloody riots
of 1866 and 1868, to show that the disorders there are not due to any
recent causes or to any late action of the Federal authorities.
Preparatory to the election of 1872 a shameful and undisguised
conspiracy was formed to carry that election against the Republicans,
without regard to law or right, and to that end the most glaring frauds
and forgeries were committed in the returns, after many colored citizens
had been denied registration and others deterred by fear from casting
their ballots.
When the time came for a final canvass of the votes, in view of the
foregoing facts William P. Kellogg, the Republican candidate for
governor, brought suit upon the equity side of the United States circuit
court for Louisiana, and against Warmoth and others, who had obtained
possession of the returns of the election, representing that several
thousand voters of the State had been deprived of the elective franchise
on account of their color, and praying that steps might be taken to
have said votes counted and for general relief. To enable the court to
inquire as to the truth of these allegations, a temporary restraining
order was issued against the defendants, which was at once wholly
disregarded and treated with contempt by those to whom it was directed.
These proceedings have been widely denounced as an unwarrantable
interference by the Federal judiciary with the election of State
officers; but it is to be remembered that by the fifteenth amendment to
the Constitution of the United States the political equality of colored
citizens is secured, and under the second section of that amendment,
providing that Congress shall have power to enforce its provisions by
appropriate legislation, an act was passed on the 31st of May, 1870,
and amended in 1871, the object of which was to prevent the denial
or abridgment of suffrage to citizens on account of race, color, or
previous condition of servitude; and it has been held by all the Federal
judges before whom the question has arisen, including Justice Strong, of
the Supreme Court, that the protection afforded by this amendment and
these acts extends to State as well as other elections. That it is the
duty of the Federal courts to enforce the provisions of the Constitution
of the United States and the laws passed in pursuance thereof is too
clear for controversy.
Section 15 of said act, after numerous provisions therein to prevent an
evasion of the fifteenth amendment, provides that the jurisdiction of
the circuit court of the United States shall extend to all cases in
law or equity arising under the provisions of said act and of the act
amendatory thereof. Congress seems to have contemplated equitable as
well as legal proceedings to prevent the denial of suffrage to colored
citizens; and it may be safely asserted that if Kellogg's bill in the
above-named case did not present a case for the equitable interposition
of the court, that no such case can arise under the act. That the courts
of the United States have the right to interfere in various ways with
State elections so as to maintain political equality and rights therein,
irrespective of race or color, is comparatively a new, and to some seems
to be a startling, idea, but it results as clearly from the fifteenth
amendment to the Constitution and the acts that have been passed to
enforce that amendment as the abrogation of State laws upholding slavery
results from the thirteenth amendment to the Constitution. While the
jurisdiction of the court in the case of Kellogg _vs_. Warmoth and
others is clear to my mind, it seems that some of the orders made by the
judge in that and the kindred case of Antoine were illegal. But while
they are so held and considered, it is not to be forgotten that the
mandate of his court had been contemptuously defied, and they were made
while wild scenes of anarchy were sweeping away all restraint of law
and order. Doubtless the judge of this court made grave mistakes; but
the law allows the chancellor great latitude, not only in punishing
those who contemn his orders and injunctions, but in preventing the
consummation of the wrong which he has judicially forbidden. Whatever
may be said or thought of those matters, it was only made known to me
that process of the United States court was resisted, and as said act
especially provides for the use of the Army and Navy when necessary to
enforce judicial process arising thereunder, I considered it my duty
to see that such process was executed according to the judgment of
the court.
Resulting from these proceedings, through various controversies and
complications, a State administration was organized with William P.
Kellogg as governor, which, in the discharge of my duty under section 4,
Article IV, of the Constitution, I have recognized as the government of
the State.
It has been bitterly and persistently alleged that Kellogg was not
elected. Whether he was or not is not altogether certain, nor is it any
more certain that his competitor, McEnery, was chosen. The election
was a gigantic fraud, and there are no reliable returns of its result.
Kellogg obtained possession of the office, and in my opinion has more
right to it than his competitor.
On the 20th of February, 1873, the Committee on Privileges and Elections
of the Senate made a report in which they say they were satisfied by
testimony that the manipulation of the election machinery by Warmoth and
others was equivalent to 20,000 votes; and they add that to recognize
the McEnery government "would be recognizing a government based upon
fraud, in defiance of the wishes and intention of the voters of the
State." Assuming the correctness of the statements in this report (and
they seem to have been generally accepted by the country), the great
crime in Louisiana, about which so much has been said, is that one is
holding the office of governor who was cheated out of 20,000 votes,
against another whose title to the office is undoubtedly based on fraud
and in defiance of the wishes and intentions of the voters of the State.
Misinformed and misjudging as to the nature and extent of this report,
the supporters of McEnery proceeded to displace by force in some
counties of the State the appointees of Governor Kellogg, and on the
13th of April, in an effort of that kind, a butchery of citizens was
committed at Colfax, which in bloodthirstiness and barbarity is hardly
surpassed by any acts of savage warfare.
To put this matter beyond controversy I quote from the charge of Judge
Woods, of the United States circuit court, to the jury in the case of
The United States _vs_. Cruikshank and others, in New Orleans in March,
1874. He said:
In the case on trial there are many facts not in controversy. I proceed
to state some of them in the presence and hearing of counsel on both
sides; and if I state as a conceded fact any matter that is disputed,
they can correct me.
After stating the origin of the difficulty, which grew out of an attempt
of white persons to drive the parish judge and sheriff, appointees of
Kellogg, from office, and their attempted protection by colored persons,
which led to some fighting, in which quite a number of negroes were
killed, the judge states:
Most of those who were not killed were taken prisoners. Fifteen or
sixteen of the blacks had lifted the boards and taken refuge under the
floor of the court-house. They were all captured. About thirty-seven men
were taken prisoners. The number is not definitely fixed. They were kept
under guard until dark. They were led out, two by two, and shot. Most of
the men were shot to death. A few were wounded, not mortally, and by
pretending to be dead were afterwards, during the night, able to make
their escape. Among them was the Levi Nelson named in the indictment.
The dead bodies of the negroes killed in this affair were left unburied
until Tuesday, April 15, when they were buried by a deputy marshal and
an officer of the militia from New Orleans. These persons found
fifty-nine dead bodies. They showed pistol-shot wounds, the great
majority in the head, and most of them in the back of the head. In
addition to the fifty-nine dead bodies found, some charred remains of
dead bodies were discovered near the court-house. Six dead bodies were
found under a warehouse, all shot in the head but one or two, which were
shot in the breast.
The only white men injured from the beginning of these troubles to their
close were Hadnot and Harris. The court-house and its contents were
entirely consumed.
There is no evidence that anyone in the crowd of whites bore any lawful
warrant for the arrest of any of the blacks. There is no evidence that
either Nash or Cazabat, after the affair, ever demanded their offices,
to which they had set up claim, but Register continued to act as parish
judge and Shaw as sheriff.
These are facts in this case as I understand them to be admitted.
To hold the people of Louisiana generally responsible for these
atrocities would not be just, but it is a lamentable fact that
insuperable obstructions were thrown in the way of punishing these
murderers; and the so-called conservative papers of the State not only
justified the massacre, but denounced as Federal tyranny and despotism
the attempt of the United States officers to bring them to justice.
Fierce denunciations ring through the country about office holding and
election matters in Louisiana, while every one of the Colfax miscreants
goes unwhipped of justice, and no way can be found in this boasted land
of civilization and Christianity to punish the perpetrators of this
bloody and monstrous crime.
Not unlike this was the massacre in August last. Several Northern young
men of capital and enterprise had started the little and flourishing
town of Coushatta. Some of them were Republicans and officeholders under
Kellogg. They were therefore doomed to death. Six of them were seized
and carried away from their homes and murdered in cold blood. No one has
been punished, and the conservative press of the State denounced all
efforts to that end and boldly justified the crime.
Many murders of a like character have been committed in individual
cases, which can not here be detailed. For example, T.S. Crawford,
judge, and P.H. Harris, district attorney, of the twelfth judicial
district of the State, on their way to court were shot from their horses
by men in ambush on the 8th of October, 1873; and the widow of the
former, in a communication to the Department of Justice, tells a piteous
tale of the persecutions of her husband because he was a Union man, and
of the efforts made to screen those who had committed a crime which, to
use her own language, "left two widows and nine orphans desolate."
To say that the murder of a negro or a white Republican is not
considered a crime in Louisiana would probably be unjust to a great part
of the people, but it is true that a great number of such murders have
been committed and no one has been punished therefor; and manifestly,
as to them, the spirit of hatred and violence is stronger than law.
Representations were made to me that the presence of troops in Louisiana
was unnecessary and irritating to the people, and that there was no
danger of public disturbance if they were taken away. Consequently early
in last summer the troops were all withdrawn from the State, with the
exception of a small garrison at New Orleans Barracks. It was claimed
that a comparative state of quiet had supervened. Political excitement
as to Louisiana affairs seemed to be dying out. But the November
election was approaching, and it was necessary for party purposes that
the flame should be rekindled.
Accordingly, on the 14th of September D.P. Penn, claiming that he was
elected lieutenant-governor in 1872, issued an inflammatory proclamation
calling upon the militia of the State to arm, assemble, and drive from
power the usurpers, as he designated the officers of the State. The
White Leagues, armed and ready for the conflict, promptly responded.
On the same day the governor made a formal requisition upon me, pursuant
to the act of 1795 and section 4, Article IV, of the Constitution,
to aid in suppressing domestic violence. On the next day I issued my
proclamation[1] commanding the insurgents to disperse within five days
from the date thereof; but before the proclamation was published in New
Orleans the organized and armed forces recognizing a usurping governor
had taken forcible possession of the statehouse and temporarily
subverted the government. Twenty or more people were killed, including a
number of the police of the city. The streets of the city were stained
with blood. All that was desired in the way of excitement had been
accomplished, and, in view of the steps taken to repress it, the
revolution is apparently, though it is believed not really, abandoned,
and the cry of Federal usurpation and tyranny in Louisiana was renewed
with redoubled energy. Troops had been sent to the State under this
requisition of the governor, and as other disturbances seemed imminent
they were allowed to remain there to render the executive such aid as
might become necessary to enforce the laws of the State and repress the
continued violence which seemed inevitable the moment Federal support
should be withdrawn.
Prior to, and with a view to, the late election in Louisiana white men
associated themselves together in armed bodies called "White Leagues,"
and at the same time threats were made in the Democratic journals of the
State that the election should be carried against the Republicans at all
hazards, which very naturally greatly alarmed the colored voters. By
section 8 of the act of February 28, 1871, it is made the duty of United
States marshals and their deputies at polls where votes are cast for
Representatives in Congress to keep the peace and prevent any violations
of the so-called enforcement acts and other offenses against the laws of
the United States; and upon a requisition of the marshal of Louisiana,
and in view of said armed organizations and other portentous
circumstances, I caused detachments of troops to be stationed in various
localities in the State, to aid him in the performance of his official
duties. That there was intimidation of Republican voters at the
election, notwithstanding these precautions, admits of no doubt.
The following are specimens of the means used:
On the 14th of October eighty persons signed and published the following
at Shreveport:
We, the undersigned, merchants of the city of Shreveport, in obedience
to a request of the Shreveport Campaign Club, agree to use every
endeavor to get our employees to vote the People's ticket at the
ensuing election, and in the event of their refusal so to do, or in
case they vote the Radical ticket, to refuse to employ them at the
expiration of their present contracts.
On the same day another large body of persons published in the same
place a paper in which they used the following language:
We, the undersigned, merchants of the city of Shreveport, alive to the
great importance of securing good and honest government to the State,
do agree and pledge ourselves not to advance any supplies or money to
any planter the coming year who will give employment or rent lands to
laborers who vote the Radical ticket in the coming election.
I have no information of the proceedings of the returning board for said
election which may not be found in its report, which has been published;
but it is a matter of public information that a great part of the time
taken to canvass the votes was consumed by the arguments of lawyers,
several of whom represented each party before the board. I have no
evidence that the proceedings of this board were not in accordance with
the law under which they acted. Whether in excluding from their count
certain returns they were right or wrong is a question that depends upon
the evidence they had before them; but it is very clear that the law
gives them the power, if they choose to exercise it, of deciding that
way, and, _prima facie_, the persons whom they return as elected are
entitled to the offices for which they were candidates.
Respecting the alleged interference by the military with the
organization of the legislature of Louisiana on the 4th instant,
I have no knowledge or information which has not been received by
me since that time and published. My first information was from the
papers of the morning of the 5th of January. I did not know that any
such thing was anticipated, and no orders nor suggestions were ever
given to any military officer in that State upon that subject prior
to the occurrence. I am well aware that any military interference by
the officers or troops of the United States with the organization of
the State legislature or any of its proceedings, or with any civil
department of the Government, is repugnant to our ideas of government.
I can conceive of no case, not involving rebellion or insurrection,
where such interference by authority of the General Government ought to
be permitted or can be justified. But there are circumstances connected
with the late legislative imbroglio in Louisiana which seem to exempt
the military from any intentional wrong in that matter. Knowing that
they had been placed in Louisiana to prevent domestic violence and aid
in the enforcement of the State laws, the officers and troops of the
United States may well have supposed that it was their duty to act
when called upon by the governor for that purpose.
Each branch of a legislative assembly is the judge of the election
and qualifications of its own members; but if a mob or a body of
unauthorized persons seize and hold the legislative hall in a tumultuous
and riotous manner, and so prevent any organization by those legally
returned as elected, it might become the duty of the State executive to
interpose, if requested by a majority of the members elect, to suppress
the disturbance and enable the persons elected to organize the house.
Any exercise of this power would only be justifiable under most
extraordinary circumstances, and it would then be the duty of the
governor to call upon the constabulary or, if necessary, the military
force of the State. But with reference to Louisiana, it is to be borne
in mind that any attempt by the governor to use the police force of that
State at this time would have undoubtedly precipitated a bloody conflict
with the White League, as it did on the 14th of September.
There is no doubt but that the presence of the United States troops upon
that occasion prevented bloodshed and the loss of life. Both parties
appear to have relied upon them as conservators of the public peace.
The first call was made by the Democrats, to remove persons obnoxious
to them from the legislative halls; and the second was from the
Republicans, to remove persons who had usurped seats in the legislature
without legal certificates authorizing them to seats, and in sufficient
number to change the majority.
Nobody was disturbed by the military who had a legal right at that time
to occupy a seat in the legislature. That the Democratic minority of the
house undertook to seize its organization by fraud and violence; that in
this attempt they trampled under foot law; that they undertook to make
persons not returned as elected members, so as to create a majority;
that they acted under a preconcerted plan, and under false pretenses
introduced into the hall a body of men to support their pretensions by
force if necessary, and that conflict, disorder, and riotous proceedings
followed are facts that seem to be well established; and I am credibly
informed that these violent proceedings were a part of a premeditated
plan to have the house organized in this way, recognize what has been
called the McEnery senate, then to depose Governor Kellogg, and so
revolutionize the State government.
Whether it was wrong for the governor, at the request of the majority of
the members returned as elected to the house, to use such means as were
in his power to defeat these lawless and revolutionary proceedings is
perhaps a debatable question; but it is quite certain that there would
have been no trouble if those who now complain of illegal interference
had allowed the house to be organized in a lawful and regular manner.
When those who inaugurate disorder and anarchy disavow such proceedings,
it will be time enough to condemn those who by such means as they have
prevent the success of their lawless and desperate schemes.
Lieutenant-General Sheridan was requested by me to go to Louisiana
to observe and report the situation there, and, if in his opinion
necessary, to assume the command, which he did on the 4th instant, after
the legislative disturbances had occurred, at 9 o'clock p.m., a number
of hours after the disturbances. No party motives nor prejudices can
reasonably be imputed to him; but honestly convinced by what he has seen
and heard there, he has characterized the leaders of the White Leagues
in severe terms and suggested summary modes of procedure against them,
which, though they can not be adopted, would, if legal, soon put an
end to the troubles and disorders in that State. General Sheridan was
looking at facts, and possibly, not thinking of proceedings which would
be the only proper ones to pursue in time of peace, thought more of the
utterly lawless condition of society surrounding him at the time of his
dispatch and of what would prove a sure remedy. He never proposed to do
an illegal act nor expressed determination to proceed beyond what the
law in the future might authorize for the punishment of the atrocities
which have been committed, and the commission of which can not be
successfully denied. It is a deplorable fact that political crimes and
murders have been committed in Louisiana which have gone unpunished,
and which have been justified or apologized for, which must rest as a
reproach upon the State and country long after the present generation
has passed away.
I have no desire to have United States troops interfere in the domestic
concerns of Louisiana or any other State.
On the 9th of December last Governor Kellogg telegraphed to me his
apprehensions that the White League intended to make another attack upon
the statehouse, to which, on the same day, I made the following answer,
since which no communication has been sent to him:
Your dispatch of this date just received. It is exceedingly unpalatable
to use troops in anticipation of danger. Let the State authorities be
right, and then proceed with their duties without apprehension of
danger. If they are then molested, the question will be determined
whether the United States is able to maintain law and order within its
limits or not.
I have deplored the necessity which seemed to make it my duty under the
Constitution and laws to direct such interference. I have always refused
except where it seemed to be my imperative duty to act in such a manner
under the Constitution and laws of the United States. I have repeatedly
and earnestly entreated the people of the South to live together in
peace and obey the laws; and nothing would give me greater pleasure than
to see reconciliation and tranquillity everywhere prevail, and thereby
remove all necessity for the presence of troops among them. I regret,
however, to say that this state of things does not exist, nor does its
existence seem to be desired, in some localities; and as to those it may
be proper for me to say that to the extent that Congress has conferred
power upon me to prevent it neither Kuklux Klans, White Leagues, nor
any other association using arms and violence to execute their unlawful
purposes can be permitted in that way to govern any part of this
country; nor can I see with indifference Union men or Republicans
ostracized, persecuted, and murdered on account of their opinions,
as they now are in some localities.
I have heretofore urged the case of Louisiana upon the attention of
Congress, and I can not but think that its inaction has produced great
evil.
To summarize: In September last an armed, organized body of men, in the
support of candidates who had been put in nomination for the offices of
governor and lieutenant-governor at the November election in 1872, and
who had been declared not elected by the board of canvassers, recognized
by all the courts to which the question had been submitted, undertook to
subvert and overthrow the State government that had been recognized by
me in accordance with previous precedents. The recognized governor was
driven from the statehouse, and but for his finding shelter in the
United States custom-house, in the capital of the State of which he was
governor, it is scarcely to be doubted that he would have been killed.
From the statehouse, before he had been driven to the custom-house, a
call was made, in accordance with the fourth section, fourth article,
of the Constitution of the United States, for the aid of the General
Government to suppress domestic violence. Under those circumstances, and
in accordance with my sworn duties, my proclamation[91] of the 15th of
September, 1874, was issued. This served to reinstate Governor Kellogg
to his position nominally, but it can not be claimed that the insurgents
have to this day surrendered to the State authorities the arms belonging
to the State, or that they have in any sense disarmed. On the contrary,
it is known that the same armed organizations that existed on the 14th
of September, 1874, in opposition to the recognized State government,
still retain their organization, equipments, and commanders, and can
be called out at any hour to resist the State government. Under these
circumstances the same military force has been continued in Louisiana
as was sent there under the first call, and under the same general
instructions. I repeat that the task assumed by the troops is not a
pleasant one to them; that the Army is not composed of lawyers, capable
of judging at a moment's notice of just how far they can go in the
maintenance of law and order, and that it was impossible to give
specific instructions providing for all possible contingencies that
might arise. The troops were bound to act upon the judgment of the
commanding officer upon each sudden contingency that arose, or wait
instructions which could only reach them after the threatened wrongs
had been committed which they were called on to prevent. It should be
recollected, too, that upon my recognition of the Kellogg government
I reported the fact, with the grounds of recognition, to Congress, and
asked that body to take action in the matter; otherwise I should regard
their silence as an acquiescence in my course. No action has been taken
by that body, and I have maintained the position then marked out.
If error has been committed by the Army in these matters, it has always
been on the side of the preservation of good order, the maintenance of
law, and the protection of life. Their bearing reflects credit upon the
soldiers, and if wrong has resulted the blame is with the turbulent
element surrounding them.
I now earnestly ask that such action be taken by Congress as to leave my
duties perfectly clear in dealing with the affairs of Louisiana, giving
assurance at the same time that whatever may be done by that body in the
premises will be executed according to the spirit and letter of the law,
without fear or favor.
I herewith transmit copies of documents containing more specific
information as to the subject-matter of the resolution.
U.S. GRANT.
[Footnote 90: See pp. 276-277.]
[Footnote 91: See pp. 275-277.]
EXECUTIVE MANSION, _January 14, 1875_.
_To the Senate of the United States_:
Senate bill No. 1044, "to provide for the resumption of specie
payments," is before me, and this day receives my signature of approval.
I venture upon this unusual method of conveying the notice of approval
to the "House in which the measure originated" because of its great
importance to the country at large and in order to suggest further
legislation which seems to me essential to make this law effective.
It is a subject of congratulation that a measure has become law which
fixes a date when specie resumption shall commence and implies an
obligation on the part of Congress, if in its power, to give such
legislation as may prove necessary to redeem this promise.
To this end I respectfully call your attention to a few suggestions:
First. The necessity of an increased revenue to carry out the obligation
of adding to the sinking fund annually 1 per cent of the public debt,
amounting now to about $34,000,000 per annum, and to carry out the
promises of this measure to redeem, under certain contingencies, eighty
millions of the present legal-tenders, and, without contingency, the
fractional currency now in circulation.
How to increase the surplus revenue is for Congress to devise, but
I will venture to suggest that the duty on tea and coffee might be
restored without permanently enhancing the cost to the consumers, and
that the 10 per cent horizontal reduction of the tariff on articles
specified in the law of June 6, 1872, be repealed. The supply of tea and
coffee already on hand in the United States would in all probability be
advanced in price by adopting this measure. But it is known that the
adoption of free entry to those articles of necessity did not cheapen
them, but merely added to the profits of the countries producing them,
or of the middlemen in those countries, who have the exclusive trade
in them.
Second. The first section of the bill now under consideration provides
that the fractional currency shall be redeemed in silver coin as rapidly
as practicable. There is no provision preventing the fluctuation in the
value of the paper currency. With gold at a premium of anything over 10
per cent above the currency in use, it is probable, almost certain, that
silver would be bought up for exportation as fast as it was put out, or
until change would become so scarce as to make the premium on it equal
to the premium on gold, or sufficiently high to make it no longer
profitable to buy for export, thereby causing a direct loss to the
community at large and great embarrassment to trade.
As the present law commands final resumption on the 1st day of January,
1879, and as the gold receipts by the Treasury are larger than the
gold payments and the currency receipts are smaller than the currency
payments, thereby making monthly sales of gold necessary to meet current
currency expenses, it occurs to me that these difficulties might be
remedied by authorizing the Secretary of the Treasury to redeem
legal-tender notes, whenever presented in sums of not less than $100 and
multiples thereof, at a premium for gold of 10 per cent, less interest
at the rate of 2-1/2 per cent per annum from the 1st day of January,
1875, to the date of putting this law into operation, and diminishing
this premium at the same rate until final resumption, changing the
rate of premium demanded from time to time as the interest amounts to
one-quarter of 1 per cent. I suggest this rate of interest because it
would bring currency at par with gold at the date fixed by law for final
resumption. I suggest 10 per cent as the demand premium at the beginning
because I believe this rate would insure the retention of silver in the
country for change.
The provisions of the third section of the act will prevent combinations
being made to exhaust the Treasury of coin.
With such a law it is presumable that no gold would be called for not
required for legitimate business purposes. When large amounts of coin
should be drawn from the Treasury, correspondingly large amounts of
currency would be withdrawn from circulation, thus causing a sufficient
stringency in currency to stop the outward flow of coin.
The advantages of a currency of a fixed known value would also be
reached. In my opinion, by the enactment of such a law business and
industries would revive and the beginning of prosperity on a firm basis
would be reached.
Other means of increasing revenue than those suggested should probably
be devised, and also other legislation.
In fact, to carry out the first section of the act another mint becomes
a necessity. With the present facilities for coinage, it would take a
period probably beyond that fixed by law for final specie resumption to
coin the silver necessary to transact the business of the country.
There are now smelting furnaces, for extracting the silver and gold from
the ores brought from the mountain territories, in Chicago, St. Louis,
and Omaha--three in the former city--and as much of the change required
will be wanted in the Mississippi Valley States, and as the metals to be
coined come from west of those States, and, as I understand, the charges
for transportation of bullion from either of the cities named to the
mint in Philadelphia or to New York City amount to $4 for each $1,000
worth, with an equal expense for transportation back, it would seem a
fair argument in favor of adopting one or more of those cities as the
place or places for the establishment of new coining facilities.
I have ventured upon this subject with great diffidence, because it is
so unusual to approve a measure--as I most heartily do this, even if
no further legislation is attainable at this time--and to announce the
fact by message. But I do so because I feel that it is a subject of
such vital importance to the whole country that it should receive the
attention of and be discussed by Congress and the people through the
press, and in every way, to the end that the best and most satisfactory
course may be reached of executing what I deem most beneficial
legislation on a most vital question to the interests and prosperity
of the nation.
U.S. GRANT.
EXECUTIVE MANSION, _January 20, 1875_.
_To the House of Representatives_:
I have the honor to transmit herewith a report from a board composed of
one person named by the head of each Executive Department and of the
Department of Agriculture and Smithsonian Institution, for the purpose
of securing a complete and harmonious arrangement of the articles and
materials designed to be exhibited from the Executive Departments of the
Government at the international exhibition to be held in the city of
Philadelphia in the year 1876 for the purpose of celebrating the one
hundredth anniversary of the independence of the United States. The
report gives a statement of what is proposed to be exhibited by each
Department, together with an estimate of the expense which will have
to be incurred. Submitting to Congress the estimate made by the board,
I recommend that Congress make a suitable appropriation to enable the
different Departments to make a complete and creditable showing of the
articles and materials designed to be exhibited by the Government, and
which will undoubtedly form one of the most interesting features of
the exhibition.
U.S. GRANT.
EXECUTIVE MANSION, _January 20, 1875_.
_To the Senate and House of Representatives_:
In my annual message of December 1, 1873, while inviting general
attention to all the recommendations made by the Secretary of War,
your special consideration was invited to "the importance of preparing
for war in time of peace by providing proper armament for our
seacoast defenses. Proper armament is of vastly more importance than
fortifications. The latter can be supplied very speedily for temporary
purposes when needed; the former can not."
These views gain increased strength and pertinence as the years roll
by, and I have now again the honor to call special attention to the
condition of the "armament of our fortifications" and the absolute
necessity for immediate provision by Congress for the procurement of
heavy cannon. The large expenditures required to supply the number of
guns for our forts is the strongest argument that can be adduced for a
liberal annual appropriation for their gradual accumulation. In time of
war such preparations can not be made; cannon can not be purchased in
open market nor manufactured at short notice; they must be the product
of years of experience and labor.
I herewith enclose copies of a report of the Chief of Ordnance and of
a board of ordnance officers on the trial of an 8-inch rifle converted
from a 10-inch smooth-bore, which shows very conclusively an economical
means of utilizing these useless smooth-bores and making them into
8-inch rifles, capable of piercing 7 inches of iron. The 1,294 10-inch
Rodman guns should, in my opinion, be so utilized, and the appropriation
requested by the Chief of Ordnance of $250,000 to commence these
conversions is urgently recommended.
While convinced of the economy and necessity of these conversions, the
determination of the best and most economical method of providing guns
of still larger caliber should no longer be delayed. The experience
of other nations, based on the new conditions of defense brought
prominently forward by the introduction of ironclads into every navy
afloat, demands heavier metal and rifle guns of not less than 12 inches
in caliber. These enormous masses, hurling a shot of 700 pounds, can
alone meet many of the requirements of the national defenses. They must
be provided, and experiments on a large scale can alone give the data
necessary for the determination of the question. A suitable proving
ground, with all the facilities and conveniences referred to by the
Chief of Ordnance, with a liberal annual appropriation, is an undoubted
necessity.
The guns now ready for trial can not be experimented with without funds,
and the estimate of $250,000 for the purpose is deemed reasonable and is
strongly recommended.
The constant appeals for legislation on the "armament of fortifications"
ought no longer to be disregarded if Congress desires in peace to
prepare the important material without which future wars must inevitably
lead to disaster.
This subject is submitted with the hope that the consideration it
deserves may be given it at the present session.
U.S. GRANT.
EXECUTIVE MANSION, _January 25, 1875_.
_To the Senate and House of Representatives_:
I have the honor to transmit herewith the report of the commission of
engineers appointed in compliance with the act of Congress approved June
22, 1874, to investigate and report a permanent plan for the reclamation
of the alluvial basin of the Mississippi River subject to inundation.
U.S. GRANT.
EXECUTIVE MANSION, _January 26, 1875_.
_To the Senate and House of Representatives_:
I have the honor to transmit herewith, for the information of Congress,
a report of the progress made to this date by the United States
Centennial Commission appointed in accordance with the requirements of
the act approved June 1, 1872.
U.S. GRANT.
WASHINGTON, _February 1, 1875_.
_To the Senate of the United States_:
I transmit to the Senate, for consideration with a view to ratification,
a treaty concluded on the 30th ultimo between this Government and His
Hawaiian Majesty, on the subject of commercial reciprocity. I also
transmit, for the information of the Senate, the papers mentioned in the
subjoined list, relating to the commerce between the United States and
the Hawaiian Islands.
U.S. GRANT.
EXECUTIVE MANSION, _February 1, 1875_.
_To the Senate and House of Representatives_:
I have the honor to lay before Congress a communication of the Secretary
of War relative to the action taken in issuing certain supplies to the
suffering people in Kansas and Nebraska, in consequence of the drought
and grasshopper plague, and to respectfully request that such action be
approved.
U.S. GRANT.
EXECUTIVE MANSION, _February 8, 1875_.
_To the Senate of the United States_:
Herewith I have the honor to send, in accordance with the resolution of
the Senate of the 3d instant, all the information in my possession not
heretofore furnished relating to affairs in the State of Arkansas.
I will venture to express the opinion that all the testimony shows that
in the election of 1872 Joseph Brooks was lawfully elected governor of
that State; that he has been unlawfully deprived of the possession of
his office since that time; that in 1874 the constitution of the State
was by violence, intimidation, and revolutionary proceedings overthrown
and a new constitution adopted and a new State government established.
These proceedings, if permitted to stand, practically ignore all
rights of minorities in all the States. Also, what is there to prevent
each of the States recently readmitted to Federal relations on certain
conditions changing their constitutions and violating their pledges if
this action in Arkansas is acquiesced in?
I respectfully submit whether a precedent so dangerous to the stability
of State government, if not of the National Government also, should be
recognized by Congress. I earnestly ask that Congress will take definite
action in this matter to relieve the Executive from acting upon
questions which should be decided by the legislative branch of the
Government.
U.S. GRANT.
EXECUTIVE MANSION, _February 19, 1875_.
_To the Senate and House of Representatives_:
Under the requirements of section 6 of the "act for the government of
the District of Columbia, and for other purposes," approved June 20,
1874, I have the honor to submit herewith the report of the board of
audit upon the amount equitably chargeable to the street-railroad
companies pursuant to the charters of said companies or the acts of
Congress relating thereto, together with the reasons therefor.
U.S. GRANT.
VETO MESSAGES.
EXECUTIVE MANSION, _January 30, 1875_.
_To the House of Representatives_:
I have the honor to return herewith House bill No. 4462, entitled
"An act for the relief of Alexander Burtch," from which I withhold
my approval for the reasons given in the accompanying letter of the
Secretary of War.
U.S. GRANT.
WAR DEPARTMENT, _Washington City, January 28, 1875_.
The PRESIDENT.
SIR: I have the honor to return House bill No. 4462, "for the relief of
Alexander Burtch."
It appears from the records of this office that Alexander Burtch,
Company H, First Indiana Artillery, enlisted July 24, 1861, for three
years, reenlisted as a veteran January 1, 1864, and deserted at Fort
Gaines, Ala., September 25, 1865, and was a deserter at large at date
of muster-out of his company, January 10, 1866.
This Department emphatically objects to this bill becoming a law upon
the ground of its great injustice to every soldier who served honorably
until his services were no longer required by the Government.
Very respectfully, your obedient servant,
WM. W. BELKNAP,
_Secretary of War_.
EXECUTIVE MANSION, _February 12, 1875_.
_To the House of Representatives_:
I have the honor to return herewith House bill No. 2352, entitled
"An act granting a pension to Lewis Hinely," from which I withhold
my approval for the reasons given in the accompanying letter of the
Secretary of the Interior.
U.S. GRANT.
DEPARTMENT OF THE INTERIOR, _Washington, February 11, 1875_.
The PRESIDENT.
SIR: I have the honor to return herewith House bill No. 2352, "granting
a pension to Lewis Hinely."
I am informed by the Commissioner of Pensions that the act does not
designate the person for whose benefit it was passed. His true name, as
verified by his own signature to papers on file in the Pension Office,
is Louis Heinlig, and as there were several soldiers in the company and
regiment named in the act whose names are similar to that specified
therein, a correction appears to be necessary in order that the
beneficiary of the act may be properly identified should the bill
become a law.
I have the honor to be, very respectfully, your obedient servant,
C. DELANO, _Secretary_.
WASHINGTON, _March 3, 1875_.
_To the House of Representatives_:[92]
House bill No. 3341[93] is herewith returned without my approval, for
the reasons, first, that it appropriates from the Treasury a large sum
of money at a time when the revenue is insufficient for current wants
and this proposed further drain on the Treasury. The issue of bonds,
authorized by the bill to a very large and indefinite amount, would
seriously embarrass the refunding operations now progressing, whereby
the interest of the bonded debt of the United States is being largely
reduced. Second, I do not believe that any considerable portion of the
ex-soldiers who, it is supposed, will be beneficiaries of this
appropriation are applicants for it, but, rather, it would result more
in a measure for the relief of claim agents and middlemen who would
intervene to collect or discount the bounties granted by it. The passage
of this bill at this time is inconsistent with the measures of economy
now demanded by the necessities of the country.
U.S. GRANT.
[Footnote 92: Pocket veto. This message was written in the President's
room at the Capitol, but failed to reach the House of Representatives
before the final adjournment of Congress. The original is filed at the
Executive Mansion.]
[Footnote 93: "An act to equalize the bounties of soldiers who served in
the late war for the Union."]
[The following messages were sent to the special session of the Senate
convened by proclamation (see p. 324) of February 17, 1875.]
SPECIAL MESSAGES.
WASHINGTON, _March 8, 1875_.
_To the Senate of the United States_:
I nominate in the Medical Department, Army of the United States,
Benjamin F. Pope, assistant surgeon, to rank from May 14, 1867.
Note.--October 5, 1870, Assistant Surgeon B.F. Pope, United States Army,
applied for discharge to date December 31, 1870, under section 3, act of
July 15, 1870.
By letter from the Adjutant-General's Office, War Department, November
2, 1870, he was informed he could not be discharged as requested, as the
President had decided staff officers did not come under the provisions
of the act.
Subsequently the President decided that staff officers who applied and
could be spared could go out under the act. Accordingly, Assistant
Surgeon Pope was discharged, on his original application, to date
December 31, 1870, by special order of that date, this because time did
not permit to communicate with him, and the belief that his desire to
leave the service was unchanged.
He drew a year's pay and mileage under the order, came to Washington,
and on May 19, 1871, applied for revocation of the order of discharge on
the ground that, having been officially notified of disapproval, he had
made arrangements to remain in service. Forwarded by the Surgeon-General
recommended. Disapproved by the Secretary of War May 23, 1871.
June 17, 1871, the order of discharge was revoked. Assistant-Surgeon
Pope then refunded the year's pay and mileage and drew pay for
continuous service.
U.S. GRANT.
WASHINGTON, _March 9, 1875_.
_To the Senate of the United States_:
Pursuant to the authority conferred upon me by the joint resolution
of Congress approved on the 17th of June last, due notice was, on the
1st day of July last, given to the Government of Belgium, through
the minister of the United States at Brussels, of the desire of this
Government to terminate the treaty between the United States and His
Majesty the King of the Belgians of the 17th of July, 1858. It being
deemed advisable, however, that another instrument, with provisions more
consonant with the interests of this country, should be entered into
with that Government, I directed that negotiations should be set on
foot for the purpose. They have resulted in the treaty[94] between
the same parties of the 8th instant, which is now transmitted for
the consideration of the Senate with a view to its ratification.
U.S. GRANT.
[Footnote 94: Of commerce and navigation.]
WASHINGTON, _March 15, 1875_.
_To the Senate_:
In answer to the resolution of the Senate of the 12th of March instant,
I herewith transmit a report[95] from the Secretary of State, with
accompanying correspondence.
U.S. GRANT.
[Footnote 95: Stating that the question of indemnity demanded from Spain
for the execution or detention of a portion of the crew of the steamer
_Virginius_ and for the execution of passengers, citizens of the United
States, had been disposed of by an agreement between the two countries,
and transmitting correspondence connected therewith.]
EXECUTIVE MANSION, _March 17, 1875_.
_To the Senate of the United States_:
I have the honor to transmit herewith communications from the
Secretaries of War and the Interior, in answer to the resolution of the
Senate of the 15th instant, requesting "any information in my possession
in regard to the proposed emigration to the Black Hills country, in the
Sioux Indian Reservation; whether such emigration is with the consent of
the Indian tribes holding said country under the treaty of February 24,
1869, and, if not, what measures will be taken in relation to the same."
U.S. GRANT.
PROCLAMATIONS.
BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
A PROCLAMATION.
Whereas it is provided in the Constitution of the United States that the
United States shall protect every State in the Union, on application of
the legislature, or of the executive (when the legislature can not be
convened), against domestic violence; and
Whereas it is provided by the laws of the United States that in all
cases of insurrection in any State or of obstruction to the laws
thereof it shall be lawful for the President of the United States, on
application of the legislature of such State, or of the executive (when
the legislature can not be convened), to call forth the militia of any
other State or States, or to employ such part of the land and naval
force as shall be judged necessary, for the purpose of suppressing
such insurrection or of causing the laws to be duly executed; and
Whereas the legislature of the State of Mississippi, now in session,
have represented to me, in a concurrent resolution of that body, that
several of the legally elected officers of Warren County, in said State,
are prevented from executing the duties of their respective offices by
force and violence; that the public buildings and records of said county
have been taken into the possession of and are now held by lawless and
unauthorized persons; that many peaceable citizens of said county have
been killed, and others have been compelled to abandon and remain away
from their homes and families; that illegal and riotous seizures and
imprisonments have been made by such lawless persons; and, further,
that a large number of armed men from adjacent States have invaded
Mississippi to aid such lawless persons, and are still ready to give
them such aid; and
Whereas it is further represented as aforesaid by said legislature that
the courts of said county can not be held, and that the governor of said
State has no sufficient force at his command to execute the laws thereof
in said county and suppress said violence without causing a conflict of
races and endangering life and property to an alarming extent; and
Whereas the said legislature as aforesaid have made application to me
for such part of the military force of the United States as may be
necessary and adequate to protect said State and the citizens thereof
against the domestic violence hereinbefore mentioned and to enforce the
due execution of the laws; and
Whereas the laws of the United States require that whenever it may be
necessary, in the judgment of the President, to use the military force
for the purposes aforesaid, he shall forthwith, by proclamation, command
such insurgents to disperse and retire peaceably to their respective
abodes within a limited time:
Now, therefore, I, Ulysses S. Grant, President of the United States, do
hereby command said disorderly and turbulent persons to disperse and
retire peaceably to their respective abodes within five days from the
date hereof, and that they refrain from forcible resistance to the laws
and submit themselves peaceably to the lawful authorities of said county
and State.
In witness whereof I have hereunto set my hand and caused the seal of
the United States to be affixed.
[SEAL.]
Done at the city of Washington, this 21st day of December, A.D. 1874,
and of the Independence of the United States the ninety-ninth.
U.S. GRANT.
By the President:
HAMILTON FISH,
_Secretary of State_.
BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
A PROCLAMATION.
Whereas objects of interest to the United States require that the Senate
should be convened at 12 o'clock on the 5th day of March next to receive
and act upon such communications as may be made to it on the part of the
Executive:
Now, therefore, I, Ulysses S. Grant, President of the United States,
have considered it to be my duty to issue this my proclamation,
declaring that an extraordinary occasion requires the Senate of the
United States to convene for the transaction of business at the Capitol,
in the city of Washington, on the 5th day of March next, at 12 o'clock
at noon on that day, of which all who shall at that time be entitled to
act as members of that body are hereby required to take notice.
[SEAL.]
Given under my hand and the seal of the United States, at Washington,
the 17th day of February, A.D. 1875, and of the Independence of the
United States of America the ninety-ninth.
U.S. GRANT.
By the President:
HAMILTON FISH,
_Secretary of State_.
BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
A PROCLAMATION.
Whereas by the eighth section of the act of Congress entitled "An act
for the creation of a court for the adjudication and disposition of
certain moneys received into the Treasury under an award made by the
tribunal of arbitration constituted by virtue of the first article of
the treaty concluded at Washington the 8th of May, A.D. 1871, between
the United States of America and the Queen of Great Britain," approved
June 23, 1874, it is provided--
That the judges of the court created by this act shall convene in
the city of Washington as soon as conveniently may be after their
appointment; and the said court shall exist for one year from the
date of its first convening and organizing; and should it be found
impracticable to complete the work of the said court before the
expiration of the said one year, the President may by proclamation
extend the time of the duration thereof to a period not more than six
months beyond the expiration of the said one year; and in such case
all the provisions of this act shall be taken and held to be the same
as though the continuance of the said court had been originally fixed
by this act at the limit to which it may be thus extended.
And whereas it has been made satisfactorily to appear to me that the
said court convened on the 22d of July, 1874, and that a large portion
of the business of said court still remains undisposed of, and that it
is found impracticable to complete the work of the said court before the
expiration of the said one year from its first convening and organizing:
Now, therefore, be it known that I, Ulysses S. Grant, President of the
United States of America, by virtue of the authority vested in me by the
provisions of the said eighth section of the act of Congress aforesaid,
do hereby extend the time of the duration of said "Court of
Commissioners of Alabama Claims" for a period of six months from and
after the 22d day of July, A.D. 1875.
In testimony whereof I have hereunto signed my name and have caused the
seal of the United States to be affixed.
[SEAL.]
Done at the city of Washington, this 2d day of June, A.D. 1875, and of
the Independence of the United States the ninety-ninth.
U.S. GRANT.
By the President:
HAMILTON FISH,
_Secretary of State_.
BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
A PROCLAMATION.
In accordance with a practice at once wise and beautiful, we have been
accustomed, as the year is drawing to a close, to devote an occasion to
the humble expression of our thanks to Almighty God for the ceaseless
and distinguished benefits bestowed upon us as a nation and for His
mercies and protection during the closing year.
Amid the rich and free enjoyment of all our advantages, we should not
forget the source from whence they are derived and the extent of our
obligation to the Father of All Mercies.
We have full reason to renew our thanks to Almighty God for favors
bestowed upon us during the past year.
By His continuing mercy civil and religious liberty have been
maintained, peace has reigned within our borders, labor and enterprise
have produced their merited rewards; and to His watchful providence we
are indebted for security from pestilence and other national calamity.
Apart from national blessings, each individual among us has occasion to
thoughtfully recall and devoutly recognize the favors and protection
which he has enjoyed.
Now, therefore, I, Ulysses S. Grant, President of the United States,
do recommend that on Thursday, the 25th day of November, the people of
the United States, abstaining from all secular pursuits and from their
accustomed avocations, do assemble in their respective places of
worship, and, in such form as may seem most appropriate in their own
hearts, offer to Almighty God their acknowledgments and thanks for all
His mercies and their humble prayers for a continuance of His divine
favor.
In witness whereof I have hereunto set my hand and caused the seal of
the United States to be affixed.
[SEAL.]
Done at the city of Washington, this 27th day of October, A.D. 1875, and
of the Independence of the United States the one hundredth.
U.S. GRANT.
By the President:
HAMILTON FISH,
_Secretary of State_.
EXECUTIVE ORDERS.
EXECUTIVE MANSION, _March 9, 1875_.
In order to carry out the provisions of the fifth section of the act
of Congress entitled "An act making appropriations for sundry civil
expenses of the Government for the fiscal year ending June 30, 1876,
and for other purposes," approved March 3, 1875, the board heretofore
appointed to take charge of the articles and materials to be exhibited
by the several Executive Departments, the Smithsonian Institution, and
the Agricultural Department at the International Exhibition of 1876 is
hereby continued under the following regulations and distribution of
duties, viz:
The funds appropriated by the above-named section will be drawn from
the Treasury upon the requisition of the chairman of the board, and be
disbursed as are other public moneys under the existing laws relating
to disbursing officers.
An officer of the Army will be detailed by the Secretary of War as
disbursing officer of the board.
Each representative of an Executive Department and the representatives
of the Smithsonian Institution, of the Agricultural Department, and
the United States Commissioner of Food Fishes will have charge of the
matters pertaining to his respective Department, subject to the general
advisement of the board; and all bills will be paid by the disbursing
officer upon vouchers certified by such representative and countersigned
by the chairman of the board.
The disbursing officer will render monthly accounts current of all
advances to and disbursements by him to the First Auditor of the
Treasury for audit and settlement in the same manner as are other
accounts of disbursing officers of the Government.
Each representative will be held responsible to the head of his
respective Department for all public property of the United States
furnished by the head of such Department or otherwise coming to his
hands for the purposes of the exhibition, and will render proper
accounts of the same to such head of Department until the property
is returned.
U.S. GRANT,
_President United States_.
TREASURY DEPARTMENT, _March 9, 1875_.
The BOARD OF EXAMINERS,
_Treasury Department_:
By direction of the President, the rules and regulations known as the
civil-service rules, etc., governing appointments and promotions under
the Treasury Department are hereby abolished, and hereafter all
appointments will be made as provided for by section 164, Revised
Statutes, enacted June 22, 1874.
You are instructed and directed to transfer all books, papers, records,
and public property in your possession to the chief clerk of the
Department, and notify all sub-boards of the promulgation of this order.
The clerks and other employees now on duty under the direction of the
board of examiners will report to the chief clerk for assignment to
duty. I am, very respectfully,
B.H. BRISTOW, _Secretary_.
[A similar order was, by direction of the President, issued by the heads
of the other Executive Departments.]
EXECUTIVE MANSION, _March 25, 1875_.
In pursuance of the fourth section of the act entitled "An act
making appropriations for sundry civil expenses of the Government
for the fiscal year ending June 30, 1876, and for other purposes,"
approved March 3, 1875, a board is hereby appointed, to consist of
Lieutenant-Colonel T.T.S. Laidley, Ordnance Department, United States
Army, president of the board; Commander L.A. Beardslee, United States
Navy; Lieutenant-Colonel Q.A. Gillmore, Engineer Department, United
States Army; David Smith, Chief Engineer, United States Navy; W. Sooy
Smith, civil engineer; A.S. Holly, civil engineer; R.H. Thurston,
civil engineer, who will convene at the Watertown Arsenal, Mass.,
on April 15, 1875, or as soon thereafter as practicable, for the purpose
of determining by actual tests the strength and value of all kinds of
iron, steel, and other metals which may be submitted to them or by them
procured, and to prepare tables which will exhibit the strength and
value of said materials for constructive and mechanical purposes, and
to provide for the building of a suitable machine for establishing such
tests, the machine to be set up and maintained at the Watertown Arsenal.
The funds appropriated for the purposes of these tests will be disbursed
under the Ordnance Department of the Army, and the board will receive
instructions from and make its report to the Chief of Ordnance.
Mr. R.H. Thurston, civil engineer, is designated as secretary of the
board, at an annual compensation of $1,200.
Actual traveling expenses, as provided by law, will be allowed the
members of the board.
U.S. GRANT.
EXECUTIVE MANSION, _Washington, May 24, 1875_.
SIR:[96] The President directs me to say that the several Departments of
the Government will be closed on Saturday, the 29th instant, in order to
enable the employees to participate in the decoration of the graves of
the soldiers who fell during the rebellion.
I am, sir, your obedient servant,
O.E. BABCOCK, _Secretary_.
[Footnote 96: Addressed to the heads of the Executive Departments, etc,]
TREASURY DEPARTMENT, _Washington, D.C., July 3, 1875_.
_To Collectors of Customs_:
The importation of breech-loading rifles, and fixed ammunition suitable
therefor, into the Territory of Alaska, and the shipment of such rifles
or ammunition to any port or place in the Territory of Alaska, are
hereby forbidden, and collectors of customs are instructed to refuse
clearance of any vessel having on board any such arms or ammunition
destined for any port or place in said Territory.
If, however, any vessel intends to touch or trade at a port in Alaska
Territory or to pass within the waters thereof, but shall be ultimately
destined for some port or place not within the limits of said Territory,
and shall have on board any such firearms or ammunition, the master or
chief officer thereof will be required to execute and deliver to the
collector of customs at the port of clearance a good and sufficient
bond, with two sureties, in double the value of such merchandise,
conditioned that such arms or ammunition, or any part thereof, shall not
be landed or disposed of within the Territory of Alaska. Such bond shall
be taken for such time as the collector shall deem proper, and may be
satisfied upon proofs similar to those required to satisfy ordinary
export bonds, showing that such arms have been landed at some foreign
port; or, if such merchandise is landed at any port of the United States
not within the limits of the Territory of Alaska, the bond may be
satisfied upon production of a certificate to that effect from the
collector of the port where it is so landed.
CHAS. F. CONANT, _Acting Secretary_.
Approved:
U.S. GRANT, _President_.
EXECUTIVE MANSION, _July 27, 1875_.
In conformity to provisions contained in the river and harbor act
approved March 3, 1875, granting to James B. Eads and his associates
authority to use, for the construction of jetties at the mouth of the
Mississippi River, any materials on the public lands of the United
States that shall be suitable for and may be needed in said works, under
such regulations as the Secretary of War shall prescribe, it is hereby
ordered and directed--
1. That the general supervision of all matters properly appertaining to
the grant therein made is placed in the officer of engineers, Major C.B.
Comstock, detailed by the Secretary of War, under the provisions of the
said act, to report to him "the depth of water and width of channel
secured and maintained from time to time in said channel, together with
such other information as the Secretary of War may direct."
2. _Protection of the interests of the United States so far as the
taking of material is concerned_.--Said Eads and his associates shall,
prior to taking material from any public lands, obtain authority to do
so from the Secretary of War, their applications specifying the kinds
and amounts of material they wish to take from each subdivision of the
public lands; and they shall at once cease from such taking on being
notified that the authority is withdrawn.
3. _Protection of the interests of the United States so far as
structures are concerned._--Said Eads and his associates and contractors
are authorized to erect, at their own expense, such shops, dwellings,
storehouses, and wharves on the military reservation at the mouth of the
Mississippi as may be necessary for the prosecution of the work, and
shall furnish a list and plan showing the location of the same to the
Secretary of War; but these shall be erected in such a way and at such
places as not unnecessarily to interfere with navigation or any other
interest in which the United States is concerned, whereof the Secretary
of War shall be the judge. At his direction any such structure shall be
at once removed.
4. _Protection of James B. Eads's interests_.--No person save said Eads
and his contractors shall erect any building, tent, or other habitation
on the military reservation at the mouth of the Mississippi River. Any
person so doing may be summarily ejected by the United States marshal or
his deputy. But as authority has already been given to James B. Eads by
the Secretary of War to collect the material aforesaid until he should
be furnished with the regulations as now herein given, the said Eads is
authorized to continue collecting materials under that authority until
the 1st day of September, 1875, after which time these regulations will
go into effect.
U.S. GRANT.
GENERAL ORDERS, No. 73.
WAR DEPARTMENT,
ADJUTANT-GENERAL'S OFFICE,
_Washington, August 2, 1875_.
I. The following order has been received from the President of the
United States:
EXECUTIVE MANSION, _Washington, July 31, 1875_.
It becomes the painful duty of the President to announce to the people
of the United States the death of Andrew Johnson, the last survivor of
his honored predecessors, which occurred in Carter County, East
Tennessee, at an early hour this morning.
The solemnity of the occasion which called him to the Presidency, with
the varied nature and length of his public services, will cause him to
be long remembered and occasion mourning for the death of a
distinguished public servant.
As a mark of respect for the memory of the deceased, it is ordered that
the Executive Mansion and several Departments of the Government at
Washington be draped in mourning until the close of the day designated
for his funeral, and that all public business be suspended on that day.
It is further ordered that the War and Navy Departments cause suitable
honors to be paid on the occasion to the memory of the illustrious dead.
U.S. GRANT.
By the President:
JOHN L. CADWALADER,
_Acting Secretary of State_.
II. In compliance with the President's instructions, the troops will be
paraded at 10 o'clock a.m. on the day after the receipt of this order at
each military post, when the order will be read to them, and the labors
of that day will thereafter cease.
The national flag will be displayed at half-staff.
At dawn of day thirteen guns will be fired, and afterwards at intervals
of thirty minutes, between the rising and setting sun a single gun, and
at the close of the day a national salute of thirty-seven guns.
The officers of the Army will wear crape on the left arm and on their
swords and the colors of the several regiments will be put in mourning
for the period of thirty days.
By order of the Secretary of War:
E.D. TOWNSEND, _Adjutant-General_.
SPECIAL ORDER.
NAVY DEPARTMENT, _Washington, August 2, 1875_.
The President of the United States announces the death of ex-President
Andrew Johnson in the following order:
[For order see preceding page.]
In pursuance of the foregoing order, it is hereby directed that the
ensign at each naval station and of each vessel of the United States
Navy in commission be hoisted at half-mast from sunrise to sunset, and
that a gun be fired at intervals of every half hour from sunrise to
sunset at each naval station and on board of flagships and of vessels
acting singly, on Tuesday, the 3d instant, the day of the funeral, where
this order may be received in time, otherwise on the day after its
receipt.
The officers of the Navy and Marine Corps will wear the usual badge of
mourning attached to the sword hilt and on the left arm for the period
of thirty days.
DANIEL AMMEN, _Acting Secretary of the Navy_.
GENERAL ORDERS, No. 97.
WAR DEPARTMENT,
ADJUTANT-GENERAL'S OFFICE,
_Washington, November 22, 1875_.
I. The following order announces the decease of Henry Wilson,
Vice-President of the United States:
EXECUTIVE MANSION, _Washington, November 22, 1875_.
It is with profound sorrow that the President has to announce to the
people of the United States the death of the Vice-President, Henry
Wilson, who died in the Capitol of the nation this morning.
The eminent station of the deceased, his high character, his long career
in the service of his State and of the Union, his devotion to the cause
of freedom, and the ability which he brought to the discharge of every
duty stand conspicuous and are indelibly impressed on the hearts and
affections of the American people.
In testimony of respect for this distinguished citizen and faithful
public servant the various Departments of the Government will be closed
on the day of the funeral, and the Executive Mansion and all the
Executive Departments in Washington will be draped with badges of
mourning for thirty days.
The Secretaries of War and of the Navy will issue orders that
appropriate military and naval honors be rendered to the memory of one
whose virtues and services will long be borne in recollection by a
grateful nation.
U.S. GRANT.
By the President:
HAMILTON FISH,
_Secretary of State_.
II. On the day next succeeding the receipt of this order at each
military post the troops will be paraded at 10 o'clock a. m. and this
order read to them.
The national flag will be displayed at half-staff.
At dawn of day thirteen guns will be fired. Commencing at 12 o'clock
noon seventeen minute guns will be fired, and at the close of the day
the national salute of thirty-seven guns.
The usual badge of mourning will be worn by officers of the Army and the
colors of the several regiments will be put in mourning for the period
of three months.
By order of the Secretary of War:
E.D. TOWNSEND, _Adjutant-General_.
SPECIAL ORDER.
NAVY DEPARTMENT, _Washington, November 23, 1875_.
The President of the United States announces the death of Vice-President
Henry Wilson in the following order:
[For order see preceding page.]
In pursuance of the foregoing order, it is hereby directed that upon the
day following the receipt of this the ensign at each United States naval
station and of each United States naval vessel in commission be hoisted
at half-mast from sunrise to sunset, and that thirteen guns be fired at
sunrise, nineteen minute guns at meridian, and a national salute at
sunset at each United States naval station and on board flagships and
vessels acting singly, at home or abroad.
The officers of the Navy and Marine Corps will wear the usual badge of
mourning for three months.
GEO. M. ROBESON, _Secretary of the Navy_.
SEVENTH ANNUAL MESSAGE.
EXECUTIVE MANSION, _December 7, 1875_.
_To the Senate and House of Representatives_:
In submitting my seventh annual message to Congress, in this centennial
year of our national existence as a free and independent people, it
affords me great pleasure to recur to the advancement that has been made
from the time of the colonies, one hundred years ago. We were then a
people numbering only 3,000,000. Now we number more than 40,000,000.
Then industries were confined almost exclusively to the tillage of the
soil. Now manufactories absorb much of the labor of the country.
Our liberties remain unimpaired; the bondmen have been freed from
slavery; we have become possessed of the respect, if not the friendship,
of all civilized nations. Our progress has been great in all the
arts--in science, agriculture, commerce, navigation, mining, mechanics,
law, medicine, etc,: and in general education the progress is likewise
encouraging. Our thirteen States have become thirty-eight, including
Colorado (which has taken the initiatory steps to become a State), and
eight Territories, including the Indian Territory and Alaska, and
excluding Colorado, making a territory extending from the Atlantic to
the Pacific. On the south we have extended to the Gulf of Mexico, and
in the west from the Mississippi to the Pacific.
One hundred years ago the cotton gin, the steamship, the railroad, the
telegraph, the reaping, sewing, and modern printing machines, and
numerous other inventions of scarcely less value to our business and
happiness were entirely unknown.
In 1776 manufactories scarcely existed even in name in all this vast
territory. In 1870 more than 2,000,000 persons were employed in
manufactories, producing more than $2,100,000,000 of products in amount
annually, nearly equal to our national debt. From nearly the whole of
the population of 1776 being engaged in the one occupation of
agriculture, in 1870 so numerous and diversified had become the
occupation of our people that less than 6,000,000 out of more than
40,000,000 were so engaged. The extraordinary effect produced in our
country by a resort to diversified occupations has built a market for
the products of fertile lands distant from the seaboard and the markets
of the world.
The American system of locating various and extensive manufactories
next to the plow and the pasture, and adding connecting railroads
and steamboats, has produced in our distant interior country a result
noticeable by the intelligent portions of all commercial nations. The
ingenuity and skill of American mechanics have been demonstrated at
home and abroad in a manner most flattering to their pride. But for the
extraordinary genius and ability of our mechanics, the achievements of
our agriculturists, manufacturers, and transporters throughout the
country would have been impossible of attainment.
The progress of the miner has also been great. Of coal our production
was small; now many millions of tons are mined annually. So with iron,
which formed scarcely an appreciable part of our products half a century
ago, we now produce more than the world consumed at the beginning of
our national existence. Lead, zinc, and copper, from being articles
of import, we may expect to be large exporters of in the near future.
The development of gold and silver mines in the United States and
Territories has not only been remarkable, but has had a large influence
upon the business of all commercial nations. Our merchants in the last
hundred years have had a success and have established a reputation for
enterprise, sagacity, progress, and integrity unsurpassed by peoples of
older nationalities. This "good name" is not confined to their homes,
but goes out upon every sea and into every port where commerce enters.
With equal pride we can point to our progress in all of the learned
professions.
As we are now about to enter upon our second centennial--commencing our
manhood as a nation--it is well to look back upon the past and study
what will be best to preserve and advance our future greatness. From the
fall of Adam for his transgression to the present day no nation has ever
been free from threatened danger to its prosperity and happiness. We
should look to the dangers threatening us, and remedy them so far as
lies in our power. We are a republic whereof one man is as good as
another before the law. Under such a form of government it is of the
greatest importance that all should be possessed of education and
intelligence enough to cast a vote with a right understanding of
its meaning. A large association of ignorant men can not for any
considerable period oppose a successful resistance to tyranny and
oppression from the educated few, but will inevitably sink into
acquiescence to the will of intelligence, whether directed by the
demagogue or by priestcraft. Hence the education of the masses becomes
of the first necessity for the preservation of our institutions. They
are worth preserving, because they have secured the greatest good to
the greatest proportion of the population of any form of government yet
devised. All other forms of government approach it just in proportion
to the general diffusion of education and independence of thought and
action. As the primary step, therefore, to our advancement in all that
has marked our progress in the past century, I suggest for your earnest
consideration, and most earnestly recommend it, that a constitutional
amendment be submitted to the legislatures of the several States for
ratification, making it the duty of each of the several States to
establish and forever maintain free public schools adequate to the
education of all the children in the rudimentary branches within their
respective limits, irrespective of sex, color, birthplace, or religions;
forbidding the teaching in said schools of religious, atheistic, or
pagan tenets; and prohibiting the granting of any school funds or school
taxes, or any part thereof, either by legislative, municipal, or other
authority, for the benefit or in aid, directly or indirectly, of any
religious sect or denomination, or in aid or for the benefit of any
other object of any nature or kind whatever.
In connection with this important question I would also call your
attention to the importance of correcting an evil that, if permitted to
continue, will probably lead to great trouble in our land before the
close of the nineteenth century. It is the accumulation of vast amounts
of untaxed church property.
In 1850, I believe, the church property of the United States which paid
no tax, municipal or State, amounted to about $83,000,000. In 1860 the
amount had doubled; in 1875 it is about $1,000,000,000. By 1900, without
check, it is safe to say this property will reach a sum exceeding
$3,000,000,000. So vast a sum, receiving all the protection and benefits
of Government without bearing its proportion of the burdens and expenses
of the same, will not be looked upon acquiescently by those who have
to pay the taxes. In a growing country, where real estate enhances so
rapidly with time, as in the United States, there is scarcely a limit to
the wealth that may be acquired by corporations, religious or otherwise,
if allowed to retain real estate without taxation. The contemplation of
so vast a property as here alluded to, without taxation, may lead to
sequestration without constitutional authority and through blood.
I would suggest the taxation of all property equally, whether church
or corporation, exempting only the last resting place of the dead and
possibly, with proper restrictions, church edifices.
Our relations with most of the foreign powers continue on a satisfactory
and friendly footing.
Increased intercourse, the extension of commerce, and the cultivation
of mutual interests have steadily improved our relations with the large
majority of the powers of the world, rendering practicable the peaceful
solution of questions which from time to time necessarily arise, leaving
few which demand extended or particular notice.
The correspondence of the Department of State with our diplomatic
representatives abroad is transmitted herewith.
I am happy to announce the passage of an act by the General Cortes
of Portugal, proclaimed since the adjournment of Congress, for the
abolition of servitude in the Portuguese colonies. It is to be hoped
that such legislation may be another step toward the great consummation
to be reached, when no man shall be permitted, directly or indirectly,
under any guise, excuse, or form of law, to hold his fellow-man in
bondage. I am of opinion also that it is the duty of the United States,
as contributing toward that end, and required by the spirit of the age
in which we live, to provide by suitable legislation that no citizen of
the United States shall hold slaves as property in any other country or
be interested therein.
Chile has made reparation in the case of the whale ship _Good Return_,
seized without sufficient cause upward of forty years ago. Though she
had hitherto denied her accountability, the denial was never acquiesced
in by this Government, and the justice of the claim has been so
earnestly contended for that it has been gratifying that she should have
at last acknowledged it.
The arbitrator in the case of the United States steamer _Montijo_, for
the seizure and detention of which the Government of the United States
of Colombia was held accountable, has decided in favor of the claim.
This decision has settled a question which had been pending for several
years, and which, while it continued open, might more or less disturb
the good understanding which it is desirable should be maintained
between the two Republics.
A reciprocity treaty with the King of the Hawaiian Islands was concluded
some months since. As it contains a stipulation that it shall not take
effect until Congress shall enact the proper legislation for that
purpose, copies of the instrument are herewith submitted, in order that,
if such should be the pleasure of Congress, the necessary legislation
upon the subject may be adopted.
In March last an arrangement was made, through Mr. Cushing, our minister
in Madrid, with the Spanish Government for the payment by the latter to
the United States of the sum of $80,000 in coin, for the purpose of the
relief of the families or persons of the ship's company and certain
passengers of the _Virginius_. This sum was to have been paid in three
installments at two months each. It is due to the Spanish Government
that I should state that the payments were fully and spontaneously
anticipated by that Government, and that the whole amount was paid
within but a few days more than two months from the date of the
agreement, a copy of which is herewith transmitted. In pursuance of the
terms of the adjustment, I have directed the distribution of the amount
among the parties entitled thereto, including the ship's company and
such of the passengers as were American citizens. Payments are made
accordingly, on the application by the parties entitled thereto.
The past year has furnished no evidence of an approaching termination
of the ruinous conflict which has been raging for seven years in the
neighboring island of Cuba. The same disregard of the laws of civilized
warfare and of the just demands of humanity which has heretofore called
forth expressions of condemnation from the nations of Christendom has
continued to blacken the sad scene. Desolation, ruin, and pillage are
pervading the rich fields of one of the most fertile and productive
regions of the earth, and the incendiary's torch, firing plantations and
valuable factories and buildings, is the agent marking the alternate
advance or retreat of contending parties.
The protracted continuance of this strife seriously affects the
interests of all commercial nations, but those of the United States
more than others, by reason of close proximity, its larger trade and
intercourse with Cuba, and the frequent and intimate personal and social
relations which have grown up between its citizens and those of the
island. Moreover, the property of our citizens in Cuba is large, and is
rendered insecure and depreciated in value and in capacity of production
by the continuance of the strife and the unnatural mode of its conduct.
The same is true, differing only in degree, with respect to the
interests and people of other nations; and the absence of any reasonable
assurance of a near termination of the conflict must of necessity soon
compel the States thus suffering to consider what the interests of their
own people and their duty toward themselves may demand.
I have hoped that Spain would be enabled to establish peace in her
colony, to afford security to the property and the interests of our
citizens, and allow legitimate scope to trade and commerce and the
natural productions of the island. Because of this hope, and from an
extreme reluctance to interfere in the most remote manner in the affairs
of another and a friendly nation, especially of one whose sympathy and
friendship in the struggling infancy of our own existence must ever be
remembered with gratitude, I have patiently and anxiously waited the
progress of events. Our own civil conflict is too recent for us not to
consider the difficulties which surround a government distracted by a
dynastic rebellion at home at the same time that it has to cope with a
separate insurrection in a distant colony. But whatever causes may have
produced the situation which so grievously affects our interests, it
exists, with all its attendant evils operating directly upon this
country and its people. Thus far all the efforts of Spain have proved
abortive, and time has marked no improvement in the situation. The armed
bands of either side now occupy nearly the same ground as in the past,
with the difference, from time to time, of more lives sacrificed, more
property destroyed, and wider extents of fertile and productive fields
and more and more of valuable property constantly wantonly sacrificed
to the incendiary's torch.
In contests of this nature, where a considerable body of people who have
attempted to free themselves of the control of the superior government
have reached such point in occupation of territory, in power, and in
general organization as to constitute in fact a body politic; having a
government in substance as well as in name; possessed of the elements
of stability and equipped with the machinery for the administration of
internal policy and the execution of its laws; prepared and able to
administer justice at home, as well as in its dealings with other
powers, it is within the province of those other powers to recognize its
existence as a new and independent nation. In such cases other nations
simply deal with an actually existing condition of things, and recognize
as one of the powers of the earth that body politic which, possessing
the necessary elements, has in fact become a new power. In a word, the
creation of a new state is a fact.
To establish the condition of things essential to the recognition of
this fact there must be a people occupying a known territory, united
under some known and defined form of government, acknowledged by those
subject thereto, in which the functions of government are administered
by usual methods, competent to mete out justice to citizens and
strangers, to afford remedies for public and for private wrongs, and
able to assume the correlative international obligations and capable of
performing the corresponding international duties resulting from its
acquisition of the rights of sovereignty. A power should exist complete
in its organization, ready to take and able to maintain its place among
the nations of the earth.
While conscious that the insurrection in Cuba has shown a strength and
endurance which make it at least doubtful whether it be in the power
of Spain to subdue it, it seems unquestionable that no such civil
organization exists which may be recognized as an independent government
capable of performing its international obligations and entitled to be
treated as one of the powers of the earth. A recognition under such
circumstances would be inconsistent with the facts, and would compel the
power granting it soon to support by force the government to which it
had really given its only claim of existence. In my judgment the United
States should adhere to the policy and the principles which have
heretofore been its sure and safe guides in like contests between
revolted colonies and their mother country, and, acting only upon the
clearest evidence, should avoid any possibility of suspicion or of
imputation.
A recognition of the independence of Cuba being, in my opinion,
impracticable and indefensible, the question which next presents itself
is that of the recognition of belligerent rights in the parties to the
contest. In a former message to Congress I had occasion to consider this
question, and reached the conclusion that the conflict in Cuba, dreadful
and devastating as were its incidents, did not rise to the fearful
dignity of war. Regarding it now, after this lapse of time, I am unable
to see that any notable success or any marked or real advance on the
part of the insurgents has essentially changed the character of the
contest. It has acquired greater age, but not greater or more formidable
proportions. It is possible that the acts of foreign powers, and even
acts of Spain herself, of this very nature, might be pointed to in
defense of such recognition. But now, as in its past-history, the United
States should carefully avoid the false lights which might lead it into
the mazes of doubtful law and of questionable propriety, and adhere
rigidly and sternly to the rule, which has been its guide, of doing only
that which is right and honest and of good report. The question of
according or of withholding rights of belligerency must be judged in
every case in view of the particular attending facts. Unless justified
by necessity, it is always, and justly, regarded as an unfriendly act
and a gratuitous demonstration of moral support to the rebellion. It is
necessary, and it is required, when the interests and rights of another
government or of its people are so far affected by a pending civil
conflict as to require a definition of its relations to the parties
thereto. But this conflict must be one which will be recognized in the
sense of international law as war. Belligerence, too, is a fact. The
mere existence of contending armed bodies and their occasional conflicts
do not constitute war in the sense referred to. Applying to the existing
condition of affairs in Cuba the tests recognized by publicists and
writers on international law, and which have been observed by nations
of dignity, honesty, and power when free from sensitive or selfish and
unworthy motives, I fail to find in the insurrection the existence of
such a substantial political organization, real, palpable, and manifest
to the world, having the forms and capable of the ordinary functions of
government coward its own people and to other states, with courts for
the administration of justice, with a local habitation, possessing such
organization of force, such material, such occupation of territory,
as to take the contest out of the category of a mere rebellious
insurrection or occasional skirmishes and place it on the terrible
footing of war, to which a recognition of belligerency would aim to
elevate it. The contest, moreover, is solely on land; the insurrection
has not possessed itself of a single seaport whence it may send forth
its flag, nor has it any means of communication with foreign powers
except through the military lines of its adversaries. No apprehension
of any of those sudden and difficult complications which a war upon
the ocean is apt to precipitate upon the vessels, both commercial and
national, and upon the consular officers of other powers calls for the
definition of their relations to the parties to the contest. Considered
as a question of expediency, I regard the accordance of belligerent
rights still to be as unwise and premature as I regard it to be, at
present, indefensible as a measure of right. Such recognition entails
upon the country according the rights which flow from it difficult
and complicated duties, and requires the exaction from the contending
parties of the strict observance of their rights and obligations;
it confers the right of search upon the high seas by vessels of both
parties; it would subject the carrying of arms and munitions of war,
which now may be transported freely and without interruption in the
vessels of the United States, to detention and to possible seizure;
it would give rise to countless vexatious questions, would release the
parent Government from responsibility for acts done by the insurgents,
and would invest Spain with the right to exercise the supervision
recognized by our treaty of 1795 over our commerce on the high seas,
a very large part of which, in its traffic between the Atlantic and
the Gulf States and between all of them and the States on the Pacific,
passes through the waters which wash the shores of Cuba. The exercise of
this supervision could scarce fail to lead, if not to abuses, certainly
to collisions perilous to the peaceful relations of the two States.
There can be little doubt to what result such supervision would before
long draw this nation. It would be unworthy of the United States to
inaugurate the possibilities of such result by measures of questionable
right or expediency or by any indirection. Apart from any question
of theoretical right, I am satisfied that while the accordance of
belligerent rights to the insurgents in Cuba might give them a hope and
an inducement to protract the struggle, it would be but a delusive hope,
and would not remove the evils which this Government and its people are
experiencing, but would draw the United States into complications which
it has waited long and already suffered much to avoid. The recognition
of independence or of belligerency being thus, in my judgment, equally
inadmissible, it remains to consider what course shall be adopted should
the conflict not soon be brought to an end by acts of the parties
themselves, and should the evils which result therefrom, affecting all
nations, and particularly the United States, continue. In such event
I am of opinion that other nations will be compelled to assume the
responsibility which devolves upon them, and to seriously consider the
only remaining measures possible--mediation and intervention. Owing,
perhaps, to the large expanse of water separating the island from the
peninsula, the want of harmony and of personal sympathy between the
inhabitants of the colony and those sent thither to rule them, and want
of adaptation of the ancient colonial system of Europe to the present
times and to the ideas which the events of the past century have
developed, the contending parties appear to have within themselves
no depository of common confidence to suggest wisdom when passion and
excitement have their sway and to assume the part of peacemaker. In this
view in the earlier days of the contest the good offices of the United
States as a mediator were tendered in good faith, without any selfish
purpose, in the interest of humanity and in sincere friendship for both
parties, but were at the time declined by Spain, with the declaration,
nevertheless, that at a future time they would be indispensable. No
intimation has been received that in the opinion of Spain that time has
been reached. And yet the strife continues, with all its dread horrors
and all its injuries to the interests of the United States and of other
nations. Each party seems quite capable of working great injury and
damage to the other, as well as to all the relations and interests
dependent on the existence of peace in the island; but they seem
incapable of reaching any adjustment, and both have thus far failed of
achieving any success whereby one party shall possess and control the
island to the exclusion of the other. Under these circumstances the
agency of others, either by mediation or by intervention, seems to be
the only alternative which must, sooner or later, be invoked for the
termination of the strife. At the same time, while thus impressed I do
not at this time recommend the adoption of any measure of intervention.
I shall be ready at all times, and as the equal friend of both parties,
to respond to a suggestion that the good offices of the United States
will be acceptable to aid in bringing about a peace honorable to both.
It is due to Spain, so far as this Government is concerned, that the
agency of a third power, to which I have adverted, shall be adopted only
as a last expedient. Had it been the desire of the United States to
interfere in the affairs of Cuba, repeated opportunities for so doing
have been presented within the last few years; but we have remained
passive, and have performed our whole duty and all international
obligations to Spain with friendship, fairness, and fidelity, and with
a spirit of patience and forbearance which negatives every possible
suggestion of desire to interfere or to add to the difficulties with
which she has been surrounded.
The Government of Spain has recently submitted to our minister at
Madrid certain proposals which it is hoped may be found to be the basis,
if not the actual submission, of terms to meet the requirements of the
particular griefs of which this Government has felt itself entitled to
complain. These proposals have not yet reached me in their full text.
On their arrival they will be taken into careful examination, and may,
I hope, lead to a satisfactory adjustment of the questions to which
they refer and remove the possibility of future occurrences such as
have given rise to our just complaints.
It is understood also that renewed efforts are being made to introduce
reforms in the internal administration of the island. Persuaded,
however, that a proper regard for the interests of the United States and
of its citizens entitles it to relief from the strain to which it has
been subjected by the difficulties of the questions and the wrongs and
losses which arise from the contest in Cuba, and that the interests of
humanity itself demand the cessation of the strife before the whole
island shall be laid waste and larger sacrifices of life be made, I
shall feel it my duty, should my hopes of a satisfactory adjustment and
of the early restoration of peace and the removal of future causes of
complaint be, unhappily, disappointed, to make a further communication
to Congress at some period not far remote, and during the present
session, recommending what may then seem to me to be necessary.
The free zone, so called, several years since established by the Mexican
Government in certain of the States of that Republic adjacent to our
frontier, remains in full operation. It has always been materially
injurious to honest traffic, for it operates as an incentive to traders
in Mexico to supply without customs charges the wants of inhabitants on
this side of the line, and prevents the same wants from being supplied
by merchants of the United States, thereby to a considerable extent
defrauding our revenue and checking honest commercial enterprise.
Depredations by armed bands from Mexico on the people of Texas near
the frontier continue. Though the main object of these incursions is
robbery, they frequently result in the murder of unarmed and peaceably
disposed persons, and in some instances even the United States
post-offices and mail communications have been attacked. Renewed
remonstrances upon this subject have been addressed to the Mexican
Government, but without much apparent effect. The military force of this
Government disposable for service in that quarter is quite inadequate to
effectually guard the line, even at those points where the incursions
are usually made. An experiment of an armed vessel on the Rio Grande for
that purpose is on trial, and it is hoped that, if not thwarted by the
shallowness of the river and other natural obstacles, it may materially
contribute to the protection of the herdsmen of Texas.
The proceedings of the joint commission under the convention between
the United States and Mexico of the 4th of July, 1868, on the subject of
claims, will soon be brought to a close. The result of those proceedings
will then be communicated to Congress.
I am happy to announce that the Government of Venezuela has, upon
further consideration, practically abandoned its objection to pay
to the United States that share of its revenue which some years
since it allotted toward the extinguishment of the claims of foreigners
generally. In thus reconsidering its determination that Government has
shown a just sense of self-respect which can not fail to reflect credit
upon it in the eyes of all disinterested persons elsewhere. It is to be
regretted, however, that its payments on account of claims of citizens
of the United States are still so meager in amount, and that the
stipulations of the treaty in regard to the sums to be paid and the
periods when those payments were to take place should have been so
signally disregarded.
Since my last annual message the exchange has been made of the
ratification of a treaty of commerce and navigation with Belgium, and
of conventions with the Mexican Republic for the further extension of
the joint commission 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. It convened
and was organized on the 22d day of July, 1874, and by the terms of the
act under which it was created was to exist for one year from that date.
The act provided, however, that should it be found impracticable to
complete the work of the court before the expiration of the year the
President might by proclamation extend the time of its duration to a
period not more than six months beyond the expiration of the one year.
Having received satisfactory evidence that it would be impracticable
to complete the work within the time originally fixed, I issued a
proclamation[97] (a copy of which is presented herewith) extending the
time of duration of the court for a period of six months from and after
the 22d day of July last.
A report made through the clerk of the court (communicated herewith)
shows the condition of the calendar on the 1st of November last and the
large amount of work which has been accomplished. One thousand three
hundred and eighty-two claims have been presented, of which 682 had been
disposed of at the date of the report. I am informed that 170 cases were
decided during the month of November. Arguments are being made and
decisions given in the remaining cases with all the dispatch consistent
with the proper consideration of the questions submitted. Many of these
claims are in behalf of mariners, or depend on the evidence of mariners,
whose absence has delayed the taking or the return of the necessary
evidence.
It is represented to me that it will be impracticable for the court to
finally dispose of all the cases before it within the present limit of
its duration. Justice to the parties claimant, who have been at large
expense in preparing their claims and obtaining the evidence in their
support, suggests a short extension, to enable the court to dispose of
all of the claims which have been presented.
I recommend the legislation which may be deemed proper to enable the
court to complete the work before it.
I recommend that some suitable provision be made, by the creation of
a special court or by conferring the necessary jurisdiction upon some
appropriate tribunal, for the consideration and determination of the
claims of aliens against the Government of the United States which have
arisen within some reasonable limitation of time, or which may hereafter
arise, excluding all claims barred by treaty provisions or otherwise. It
has been found impossible to give proper consideration to these claims
by the Executive Departments of the Government. Such a tribunal would
afford an opportunity to aliens other than British subjects to present
their claims on account of acts committed against their persons or
property during the rebellion, as also to those subjects of Great
Britain whose claims, having arisen subsequent to the 9th day of April,
1865, could not be presented to the late commission organized pursuant
to the provisions of the treaty of Washington.
The electric telegraph has become an essential and indispensable agent
in the transmission of business and social messages. Its operation on
land, and within the limit of particular states, is necessarily under
the control of the jurisdiction within which it operates. The lines on
the high seas, however, are not subject to the particular control of any
one government.
In 1869 a concession was granted by the French Government to a company
which proposed to lay a cable from the shores of France to the United
States. At that time there was a telegraphic connection between the
United States and the continent of Europe (through the possessions
of Great Britain at either end of the line), under the control of an
association which had, at large outlay of capital and at great risk,
demonstrated the practicability of maintaining such means of
communication. The cost of correspondence by this agency was great,
possibly not too large at the time for a proper remuneration for so
hazardous and so costly an enterprise. It was, however, a heavy charge
upon a means of communication which the progress in the social and
commercial intercourse of the world found to be a necessity, and the
obtaining of this French concession showed that other capital than that
already invested was ready to enter into competition, with assurance of
adequate return for their outlay. Impressed with the conviction that the
interests, not only of the people of the United States, but of the world
at large, demanded, or would demand, the multiplication of such means
of communication between separated continents, I was desirous that the
proposed connection should be made; but certain provisions of this
concession were deemed by me to be objectionable, particularly one
which gave for a long term of years the exclusive right of telegraphic
communication by submarine cable between the shores of France and the
United States. I could not concede that any power should claim the right
to land a cable on the shores of the United States and at the same time
deny to the United States, or to its citizens or grantees, an equal
right to land a cable on its shores. The right to control the conditions
for the laying of a cable within the jurisdictional waters of the United
States, to connect our shores with those of any foreign state, pertains
exclusively to the Government of the United States, under such
limitations and conditions as Congress may impose. In the absence of
legislation by Congress I was unwilling, on the one hand, to yield to
a foreign state the right to say that its grantees might land on our
shores while it denied a similar right to our people to land on its
shores, and, on the other hand, I was reluctant to deny to the great
interests of the world and of civilization the facilities of such
communication as were proposed. I therefore withheld any resistance
to the landing of the cable on condition that the offensive monopoly
feature of the concession be abandoned, and that the right of any cable
which may be established by authority of this Government to land upon
French territory and to connect with French land lines and enjoy all the
necessary facilities or privileges incident to the use thereof upon as
favorable terms as any other company be conceded. As the result thereof
the company in question renounced the exclusive privilege, and the
representative of France was informed that, understanding this
relinquishment to be construed as granting the entire reciprocity and
equal facilities which had been demanded, the opposition to the landing
of the cable was withdrawn. The cable, under this French concession,
was landed in the month of July, 1869, and has been an efficient and
valuable agent of communication between this country and the other
continent. It soon passed under the control, however, of those who
had the management of the cable connecting Great Britain with this
continent, and thus whatever benefit to the public might have ensued
from competition between the two lines was lost, leaving only the
greater facilities of an additional line and the additional security in
case of accident to one of them. But these increased facilities and this
additional security, together with the control of the combined capital
of the two companies, gave also greater power to prevent the future
construction of other lines and to limit the control of telegraphic
communication between the two continents to those possessing the lines
already laid. Within a few months past a cable has been laid, known as
the United States Direct Cable Company, connecting the United States
directly with Great Britain. As soon as this cable was reported to be
laid and in working order the rates of the then existing consolidated
companies were greatly reduced. Soon, however, a break was announced in
this new cable, and immediately the rates of the other line, which had
been reduced, were again raised. This cable being now repaired, the
rates appear not to be reduced by either line from those formerly
charged by the consolidated companies.
There is reason to believe that large amounts of capital, both at home
and abroad, are ready to seek profitable investment in the advancement
of this useful and most civilizing means of intercourse and
correspondence. They await, however, the assurance of the means and
conditions on which they may safely be made tributary to the general
good.
As these cable telegraph lines connect separate states, there are
questions as to their organization and control which probably can be
best, if not solely, settled by conventions between the respective
states. In the absence, however, of international conventions on the
subject, municipal legislation may secure many points which appear to me
important, if not indispensable for the protection of the public against
the extortions which may result from a monopoly of the right of
operating cable telegrams or from a combination between several lines:
I. No line should be allowed to land on the shores of the United States
under the concession from another power which does not admit the right
of any other line or lines, formed in the United States, to land and
freely connect with and operate through its land lines.
II. No line should be allowed to land on the shores of the United States
which is not, by treaty stipulation with the government from whose
shores it proceeds, or by prohibition in its charter, or otherwise to
the satisfaction of this Government, prohibited from consolidating or
amalgamating with any other cable telegraph line, or combining therewith
for the purpose of regulating and maintaining the cost of telegraphing.
III. All lines should be bound to give precedence in the transmission of
the official messages of the governments of the two countries between
which it may be laid.
IV. A power should be reserved to the two governments, either conjointly
or to each, as regards the messages dispatched from its shores, to fix a
limit to the charges to be demanded for the transmission of messages.
I present this subject to the earnest consideration of Congress.
In the meantime, and unless Congress otherwise direct, I shall not
oppose the landing of any telegraphic cable which complies with and
assents to the points above enumerated, but will feel it my duty to
prevent the landing of any which does not conform to the first and
second points as stated, and which will not stipulate to concede to this
Government the precedence in the transmission of its official messages
and will not enter into a satisfactory arrangement with regard to its
charges.
Among the pressing and important subjects to which, in my opinion,
the attention of Congress should be directed are those relating to
fraudulent naturalization and expatriation.
The United States, with great liberality, offers its citizenship
to all who in good faith comply with the requirements of law. These
requirements are as simple and upon as favorable terms to the emigrant
as the high privilege to which he is admitted can or should permit.
I do not propose any additional requirements to those which the law now
demands; but the very simplicity and the want of unnecessary formality
in our law have made fraudulent naturalization not infrequent, to
the discredit and injury of all honest citizens, whether native or
naturalized. Cases of this character are continually being brought to
the notice of the Government by our representatives abroad, and also
those of persons resident in other countries, most frequently those who,
if they have remained in this country long enough to entitle them to
become naturalized, have generally not much overpassed that period,
and have returned to the country of their origin, where they reside,
avoiding all duties to the United States by their absence, and claiming
to be exempt from all duties to the country of their nativity and of
their residence by reason of their alleged naturalization. It is due to
this Government itself and to the great mass of the naturalized citizens
who entirely, both in name and in fact, become citizens of the United
States that the high privilege of citizenship of the United States
should not be held by fraud or in derogation of the laws and of the good
name of every honest citizen. On many occasions it has been brought to
the knowledge of the Government that certificates of naturalization are
held and protection or interference claimed by parties who admit that
not only they were not within the United States at the time of the
pretended naturalization, but that they have never resided in the United
States; in others the certificate and record of the court show on their
face that the person claiming to be naturalized had not resided the
required time in the United States; in others it is admitted upon
examination that the requirements of law have not been complied with;
in some cases, even, such certificates have been matter of purchase.
These are not isolated cases, arising at rare intervals, but of common
occurrence, and which are reported from all quarters of the globe. Such
occurrences can not, and do not, fail to reflect upon the Government
and injure all honest citizens. Such a fraud being discovered, however,
there is no practicable means within the control of the Government
by which the record of naturalization can be vacated; and should the
certificate be taken up, as it usually is, by the diplomatic and
consular representatives of the Government to whom it may have been
presented, there is nothing to prevent the person claiming to have been
naturalized from obtaining a new certificate from the court in place of
that which has been taken from him.
The evil has become so great and of such frequent occurrence that I can
not too earnestly recommend that some effective measures be adopted to
provide a proper remedy and means for the vacating of any record thus
fraudulently made, and of punishing the guilty parties to the
transaction.
In this connection I refer also to the question of expatriation and the
election of nationality.
The United States was foremost in upholding the right of expatriation,
and was principally instrumental in overthrowing the doctrine of
perpetual allegiance. Congress has declared the right of expatriation
to be a natural and inherent right of all people; but while many other
nations have enacted laws providing what formalities shall be necessary
to work a change of allegiance, the United States has enacted no
provisions of law and has in no respect marked out how and when
expatriation may be accomplished by its citizens. Instances are brought
to the attention of the Government where citizens of the United States,
either naturalized or native born, have formally become citizens or
subjects of foreign powers, but who, nevertheless, in the absence
of any provisions of legislation on this question, when involved in
difficulties or when it seems to be their interest, claim to be citizens
of the United States and demand the intervention of a Government which
they have long since abandoned and to which for years they have rendered
no service nor held themselves in any way amenable.
In other cases naturalized citizens, immediately after
naturalization, have returned to their native country; have become
engaged in business; have accepted offices or pursuits inconsistent with
American citizenship, and evidence no intent to return to the United
States until called upon to discharge some duty to the country where
they are residing, when at once they assert their citizenship and call
upon the representatives of the Government to aid them in their unjust
pretensions. It is but justice to all _bona fide_ citizens that no doubt
should exist on such questions, and that Congress should determine by
enactment of law how expatriation may be accomplished and change of
citizenship be established.
I also invite your attention to the necessity of regulating by law the
status of American women who may marry foreigners, and of defining more
fully that of children born in a foreign country of American parents
who may reside abroad; and also of some further provision regulating
or giving legal effect to marriages of American citizens contracted in
foreign countries. The correspondence submitted herewith shows a few
of the constantly occurring questions on these points presented to the
consideration of the Government. There are few subjects to engage the
attention of Congress on which more delicate relations or more important
interests are dependent.
In the month of July last the building erected for the Department
of State was taken possession of and occupied by that Department.
I am happy to announce that the archives and valuable papers of the
Government in the custody of that Department are now safely deposited
and properly cared for.
The report of the Secretary of the Treasury shows the receipts
from customs for the fiscal year ending June 30, 1874, to have
been $163,103,833.69, and for the fiscal year ending June 30, 1875,
to have been $157,167,722.35, a decrease for the last fiscal year of
$5,936,111.34. Receipts from internal revenue for the year ending the
30th of June, 1874, were $102,409,784.90, and for the year ending June
30, 1875, $110,007,493.58; increase, $7,597,708.68.
The report also shows a complete history of the workings of the
Department for the last year, and contains recommendations for reforms
and for legislation which I concur in, but can not comment on so fully
as I should like to do if space would permit, but will confine myself
to a few suggestions which I look upon as vital to the best interests
of the whole people--coining within the purview of "Treasury;" I mean
specie resumption. Too much stress can not be laid upon this question,
and I hope Congress may be induced, at the earliest day practicable,
to insure the consummation of the act of the last Congress, at its
last session, to bring about specie resumption "on and after the 1st of
January, 1879," at furthest. It would be a great blessing if this could
be consummated even at an earlier day.
Nothing seems to me more certain than that a full, healthy, and
permanent reaction can not take place in favor of the industries and
financial welfare of the country until we return to a measure of values
recognized throughout the civilized world. While we use a currency not
equivalent to this standard the world's recognized standard, specie,
becomes a commodity like the products of the soil, the surplus seeking
a market wherever there is a demand for it.
Under our present system we should want none, nor would we have any,
were it not that customs dues must be paid in coin and because of the
pledge to pay interest on the public debt in coin. The yield of precious
metals would flow out for the purchase of foreign productions and leave
the United States "hewers of wood and drawers of water," because of
wiser legislation on the subject of finance by the nations with whom
we have dealings. I am not prepared to say that I can suggest the best
legislation to secure the end most heartily recommended. It will be a
source of great gratification to me to be able to approve any measure
of Congress looking effectively toward securing "resumption."
Unlimited inflation would probably bring about specie payments more
speedily than any legislation looking to redemption of the legal-tenders
in coin; but it would be at the expense of honor. The legal-tenders
would have no value beyond settling present liabilities, or, properly
speaking, repudiating them. They would buy nothing after debts were all
settled.
There are a few measures which seem to me important in this connection
and which I commend to your earnest consideration:
A repeal of so much of the legal-tender act as makes these notes
receivable for debts contracted after a date to be fixed in the act
itself, say not later than the 1st of January, 1877. We should then have
quotations at real values, not fictitious ones. Gold would no longer be
at a premium, but currency at a discount. A healthy reaction would set
in at once, and with it a desire to make the currency equal to what it
purports to be. The merchants, manufacturers, and tradesmen of every
calling could do business on a fair margin of profit, the money to be
received having an unvarying value. Laborers and all classes who work
for stipulated pay or salary would receive more for their income,
because extra profits would no longer be charged by the capitalists to
compensate for the risk of a downward fluctuation in the value of the
currency.
Second. That the Secretary of the Treasury be authorized to redeem, say,
not to exceed $2,000,000 monthly of legal-tender notes, by issuing in
their stead a long bond, bearing interest at the rate of 3.65 per cent
per annum, of denominations ranging from $50 up to $1,000 each. This
would in time reduce the legal-tender notes to a volume that could be
kept afloat without demanding redemption in large sums suddenly.
Third. That additional power be given to the Secretary of the Treasury
to accumulate gold for final redemption, either by increasing revenue,
curtailing expenses, or both (it is preferable to do both); and I
recommend that reduction of expenditures be made wherever it can be done
without impairing Government obligations or crippling the due execution
thereof. One measure for increasing the revenue--and the only one I
think of--is the restoration of the duty on tea and coffee. These duties
would add probably $18,000,000 to the present amount received from
imports, and would in no way increase the prices paid for those articles
by the consumers.
These articles are the products of countries collecting revenue from
exports, and as we, the largest consumers, reduce the duties they
proportionately increase them. With this addition to the revenue, many
duties now collected, and which give but an insignificant return for the
cost of collection, might be remitted, and to the direct advantage of
consumers at home.
I would mention those articles which enter into manufactures of all
sorts. All duty paid upon such articles goes directly to the cost of the
article when manufactured here, and must be paid for by the consumers.
These duties not only come from the consumers at home, but act as a
protection to foreign manufacturers of the same completed articles in
our own and distant markets.
I will suggest or mention another subject bearing upon the problem of
"how to enable the Secretary of the Treasury to accumulate balances."
It is to devise some better method of verifying claims against the
Government than at present exists through the Court of Claims,
especially those claims growing out of the late war. Nothing is more
certain than that a very large percentage of the amounts passed and
paid are either wholly fraudulent or are far in excess of the real
losses sustained. The large amount of losses proven--on good testimony
according to existing laws, by affidavits of fictitious or unscrupulous
persons--to have been sustained on small farms and plantations are not
only far beyond the possible yield of those places for any one year,
but, as everyone knows who has had experience in tilling the soil and
who has visited the scenes of these spoliations, are in many instances
more than the individual claimants were ever worth, including their
personal and real estate.
The report of the Attorney-General, which will be submitted to Congress
at an early day, will contain a detailed history of awards made and of
claims pending of the class here referred to.
The report of the Secretary of War, accompanying this message, gives a
detailed account of Army operations for the year just passed, expenses
for maintenance, etc., with recommendations for legislation to which I
respectfully invite your attention. To some of these I invite special
attention:
First. The necessity of making $300,000 of the appropriation for the
Subsistence Department available before the beginning of the next fiscal
year. Without this provision troops at points distant from supply
production must either go without food or existing laws must be
violated. It is not attended with cost to the Treasury.
Second. His recommendation for the enactment of a system of annuities
for the families of deceased officers by voluntary deductions from the
monthly pay of officers. This again is not attended with burden upon the
Treasury, and would for the future relieve much distress which every old
army officer has witnessed in the past--of officers dying suddenly or
being killed, leaving families without even the means of reaching their
friends, if fortunate enough to have friends to aid them.
Third. The repeal of the law abolishing mileage, and a return to the old
system.
Fourth. The trial with torpedoes under the Corps of Engineers, and
appropriation for the same. Should war ever occur between the United
States and any maritime power, torpedoes will be among if not the most
effective and cheapest auxiliary for the defense of harbors, and also in
aggressive operations, that we can have. Hence it is advisable to learn
by experiment their best construction and application, as well as
effect.
Fifth. A permanent organization for the Signal-Service Corps. This
service has now become a necessity of peace as well as war, under the
advancement made by the present able management.
Sixth. A renewal of the appropriation for compiling the official records
of the war, etc.
The condition of our Navy at this time is a subject of satisfaction.
It does not contain, it is true, any of the powerful cruising ironclads
which make so much of the maritime strength of some other nations, but
neither our continental situation nor our foreign policy requires that
we should have a large number of ships of this character, while this
situation and the nature of our ports combine to make those of other
nations little dangerous to us under any circumstances.
Our Navy does contain, however, a considerable number of ironclads of
the monitor class, which, though not properly cruisers, are powerful and
effective for harbor defense and for operations near our own shores.
Of these all the single-turreted ones, fifteen in number, have been
substantially rebuilt, their rotten wooden beams replaced with iron,
their hulls strengthened, and their engines and machinery thoroughly
repaired, so that they are now in the most efficient condition and ready
for sea as soon as they can be manned and put in commission.
The five double-turreted ironclads belonging to our Navy, by far the
most powerful of our ships for fighting purposes, are also in hand
undergoing complete repairs, and could be ready for sea in periods
varying from four to six months. With these completed according to the
present design and our two iron torpedo boats now ready, our ironclad
fleet will be, for the purposes of defense at home, equal to any force
that can readily be brought against it.
Of our wooden navy also cruisers of various sizes, to the number of
about forty, including those now in commission, are in the Atlantic, and
could be ready for duty as fast as men could be enlisted for those not
already in commission. Of these, one-third are in effect new ships, and
though some of the remainder need considerable repairs to their boilers
and machinery, they all are, or can readily be made, effective.
This constitutes a fleet of more than fifty war ships, of which fifteen
are ironclad, now in hand on the Atlantic coast. The Navy has been
brought to this condition by a judicious and practical application of
what could be spared from the current appropriations of the last few
years and from that made to meet the possible emergency of two years
ago. It has been done quietly, without proclamation or display, and
though it has necessarily straitened the Department in its ordinary
expenditure, and, as far as the ironclads are concerned, has added
nothing to the cruising force of the Navy, yet the result is not the
less satisfactory because it is to be found in a great increase of real
rather than apparent force. The expenses incurred in the maintenance of
an effective naval force in all its branches are necessarily large, but
such force is essential to our position, relations, and character, and
affects seriously the weight of our principles and policy throughout the
whole sphere of national responsibilities.
The estimates for the regular support of this branch of the service for
the next year amount to a little less in the aggregate than those made
for the current year; but some additional appropriations are asked for
objects not included in the ordinary maintenance of the Navy, but
believed to be of pressing importance at this time. It would, in my
opinion, be wise at once to afford sufficient means for the immediate
completion of the five double-turreted monitors now undergoing repairs,
which must otherwise advance slowly, and only as money can be spared
from current expenses. Supplemented by these, our Navy, armed with the
destructive weapons of modern warfare, manned by our seamen, and in
charge of our instructed officers, will present a force powerful for
the home purposes of a responsible though peaceful nation.
The report of the Postmaster-General herewith transmitted gives a full
history of the workings of the Department for the year just past. It
will be observed that the deficiency to be supplied from the General
Treasury is increased over the amount required for the preceding year.
In a country so vast in area as the United States, with large portions
sparsely settled, it must be expected that this important service will
be more or less a burden upon the Treasury for many years to come. But
there is no branch of the public service which interests the whole
people more than that of cheap and rapid transmission of the mails to
every inhabited part of our territory. Next to the free school, the
post-office is the great educator of the people, and it may well receive
the support of the General Government.
The subsidy of $150,000 per annum given to vessels of the United States
for carrying the mails between New York and Rio de Janeiro having ceased
on the 30th day of September last, we are without direct mail facilities
with the South American States. This is greatly to be regretted, and
I do not hesitate to recommend the authorization of a renewal of that
contract, and also that the service may be increased from monthly to
semi-monthly trips. The commercial advantages to be gained by a direct
line of American steamers to the South American States will far outweigh
the expense of the service.
By act of Congress approved March 3, 1875, almost all matter, whether
properly mail matter or not, may be sent any distance through the mails,
in packages not exceeding 4 pounds in weight, for the sum of 16 cents
per pound. So far as the transmission of real mail matter goes, this
would seem entirely proper; but I suggest that the law be so amended as
to exclude from the mails merchandise of all descriptions, and limit
this transportation to articles enumerated, and which may be classed as
mail matter proper.
The discovery of gold in the Black Hills, a portion of the Sioux
Reservation, has had the effect to induce a large emigration of miners
to that point. Thus far the effort to protect the treaty rights of the
Indians to that section has been successful, but the next year will
certainly witness a large increase of such emigration. The negotiations
for the relinquishment of the gold fields having failed, it will be
necessary for Congress to adopt some measures to relieve the
embarrassment growing out of the causes named. The Secretary of the
Interior suggests that the supplies now appropriated for the sustenance
of that people, being no longer obligatory under the treaty of 1868, but
simply a gratuity, may be issued or withheld at his discretion.
The condition of the Indian Territory, to which I have referred in
several of my former annual messages, remains practically unchanged.
The Secretary of the Interior has taken measures to obtain a full report
of the condition of that Territory, and will make it the subject of a
special report at an early day. It may then be necessary to make some
further recommendation in regard to legislation for the government of
that Territory.
The steady growth and increase of the business of the Patent Office
indicates in some measure the progress of the industrial activity of the
country. The receipts of the office are in excess of its expenditures,
and the office generally is in a prosperous and satisfactory condition.
The report of the General Land Office shows that there were 2,459,601
acres less disposed of during this than during the last year. More than
one-half of this decrease was in lands disposed of under the homestead
and timber-culture laws. The cause of this decrease is supposed to be
found in the grasshopper scourge and the droughts which prevailed so
extensively in some of the frontier States and Territories during that
time as to discourage and deter entries by actual settlers. The cash
receipts were less by $690,322.23 than during the preceding year.
The entire surveyed area of the public domain is 680,253,094 acres, of
which 26,077,531 acres were surveyed during the past year, leaving
1,154,471,762 acres still unsurveyed.
The report of the Commissioner presents many interesting suggestions in
regard to the management and disposition of the public domain and the
modification of existing laws, the apparent importance of which should
insure for them the careful consideration of Congress.
The number of pensioners still continues to decrease, the highest number
having been reached during the year ending June 30, 1873. During the
last year 11,557 names were added to the rolls, and 12,977 were dropped
therefrom, showing a net decrease of 1,420. But while the number of
pensioners has decreased, the annual amount due on the pension rolls has
increased $44,733.13. This is caused by the greatly increased average
rate of pensions, which, by the liberal legislation of Congress, has
increased from $90.26 in 1872 to $103.91 in 1875 to each invalid
pensioner, an increase in the average rate of 15 per cent in the three
years. During the year ending June 30, 1875, there was paid on account
of pensions, including the expenses of disbursement, $29,683,116, being
$910,632 less than was paid the preceding year. This reduction in amount
of expenditures was produced by the decrease in the amount of arrearages
due on allowed claims and on pensions the rate of which was increased by
the legislation of the preceding session of Congress. At the close of
the last fiscal year there were on the pension rolls 234,821 persons, of
whom 210,363 were army pensioners, 105,478 being invalids and 104,885
widows and dependent relatives; 3,420 were navy pensioners, of whom
1,636 were invalids and 1,784 widows and dependent relatives; 21,038
were pensioners of the War of 1812, 15,875 of whom were survivors and
5,163 were widows.
It is estimated that $29,535,000 will be required for the payment of
pensions for the next fiscal year, an amount $965,000 less than the
estimate for the present year.
The geological explorations have been prosecuted with energy during the
year, covering an area of about 40,000 square miles in the Territories
of Colorado, Utah, and New Mexico, developing the agricultural and
mineral resources and furnishing interesting scientific and
topographical details of that region.
The method for the treatment of the Indians adopted at the beginning
of my first term has been steadily pursued, and with satisfactory and
encouraging results. It has been productive of evident improvement in
the condition of that race, and will be continued, with only such
modifications as further experience may indicate to be necessary.
The board heretofore appointed to take charge of the articles and
materials pertaining to the War, the Navy, the Treasury, the Interior,
and the Post-Office Departments, and the Department of Agriculture,
the Smithsonian Institution, and the Commission of Food Fishes, to be
contributed, under the legislation of last session, to the international
exhibition to be held at Philadelphia during the centennial year 1876,
has been diligent in the discharge of the duties which have devolved
upon it; and the preparations so far made with the means at command
give assurance that the governmental contribution will be made one of
the marked characteristics of the exhibition. The board has observed
commendable economy in the matter of the erection of a building for
the governmental exhibit, the expense of which it is estimated will not
exceed, say, $80,000. This amount has been withdrawn, under the law,
from the appropriations of five of the principal Departments, which
leaves some of those Departments without sufficient means to render
their respective practical exhibits complete and satisfactory. The
exhibition being an international one, and the Government being a
voluntary contributor, it is my opinion that its contribution should be
of a character, in quality and extent, to sustain the dignity and credit
of so distinguished a contributor. The advantages to the country of a
creditable display are, in an international point of view, of the first
importance, while an indifferent or uncreditable participation by the
Government would be humiliating to the patriotic feelings of our people
themselves. I commend the estimates of the board for the necessary
additional appropriations to the favorable consideration of Congress.
The powers of Europe almost without exception, many of the South
American States, and even the more distant Eastern powers have
manifested their friendly sentiments toward the United States and the
interest of the world in our progress by taking steps to join with us
in celebrating the centennial of the nation, and I strongly recommend
that a more national importance be given to this exhibition by such
legislation and by such appropriation as will insure its success. Its
value in bringing to our shores innumerable useful works of art and
skill, the commingling of the citizens of foreign countries and our
own, and the interchange of ideas and manufactures will far exceed any
pecuniary outlay we may make.
I transmit herewith the report of the Commissioner of Agriculture,
together with the reports of the Commissioners, the board of audit,
and the board of health of the District of Columbia, to all of which
I invite your attention.
The Bureau of Agriculture has accomplished much in disseminating useful
knowledge to the agriculturist, and also in introducing new and useful
productions adapted to our soil and climate, and is worthy of the
continued encouragement of the Government.
The report of the Commissioner of Education, which accompanies the
report of the Secretary of the Interior, shows a gratifying progress in
educational matters.
In nearly every annual message that I have had the honor of transmitting
to Congress I have called attention to the anomalous, not to say
scandalous, condition of affairs existing in the Territory of Utah, and
have asked for definite legislation to correct it. That polygamy should
exist in a free, enlightened, and Christian country, without the power
to punish so flagrant a crime against decency and morality, seems
preposterous. True, there is no law to sustain this unnatural vice; but
what is needed is a law to punish it as a crime, and at the same time to
fix the status of the innocent children, the offspring of this system,
and of the possibly innocent plural wives. But as an institution
polygamy should be banished from the land.
While this is being done I invite the attention of Congress to another,
though perhaps no less an evil--the importation of Chinese women, but
few of whom are brought to our shores to pursue honorable or useful
occupations.
Observations while visiting the Territories of Wyoming, Utah, and
Colorado during the past autumn convinced me that existing laws
regulating the disposition of public lands, timber, etc., and probably
the mining laws themselves, are very defective and should be carefully
amended, and at an early day. Territory where cultivation of the soil
can only be followed by irrigation, and where irrigation is not
practicable the lands can only be used as pasturage, and this only where
stock can reach water (to quench its thirst), can not be governed by the
same laws as to entries as lands every acre of which is an independent
estate by itself.
Land must be held in larger quantities to justify the expense of
conducting water upon it to make it fruitful, or to justify utilizing
it as pasturage. The timber in most of the Territories is principally
confined to the mountain regions, which are held for entry in small
quantities only, and as mineral lands. The timber is the property of the
United States, for the disposal of which there is now no adequate law.
The settler must become a consumer of this timber, whether he lives upon
the plain or engages in working the mines. Hence every man becomes
either a trespasser himself or knowingly a patron of trespassers.
My opportunities for observation were not sufficient to justify me in
recommending specific legislation on these subjects, but I do recommend
that a joint committee of the two Houses of Congress, sufficiently large
to be divided into subcommittees, be organized to visit all the mining
States and Territories during the coming summer, and that the committee
shall report to Congress at the next session such laws or amendments
to laws as it may deem necessary to secure the best interests of the
Government and the people of these Territories, who are doing so much
for their development.
I am sure the citizens occupying the territory described do not wish to
be trespassers, nor will they be if legal ways are provided for them to
become owners of these actual necessities of their position.
As this will be the last annual message which I shall have the honor of
transmitting to Congress before my successor is chosen, I will repeat or
recapitulate the questions which I deem of vital importance which may be
legislated upon and settled at this session:
First. That the States shall be required to afford the opportunity of a
good common-school education to every child within their limits.
Second. No sectarian tenets shall ever be taught in any school supported
in whole or in part by the State, nation, or by the proceeds of any tax
levied upon any community. Make education compulsory so far as to
deprive all persons who can not read and write from becoming voters
after the year 1890, disfranchising none, however, on grounds of
illiteracy who may be voters at the time this amendment takes effect.
Third. Declare church and state forever separate and distinct, but each
free within their proper spheres; and that all church property shall
bear its own proportion of taxation.
Fourth. Drive out licensed immorality, such as polygamy and the
importation of women for illegitimate purposes. To recur again to the
centennial year, it would seem as though now, as we are about to begin
the second century of our national existence, would be a most fitting
time for these reforms.
Fifth. Enact such laws as will insure a speedy return to a sound
currency, such as will command the respect of the world.
Believing that these views will commend themselves to the great
majority of the right-thinking and patriotic citizens of the United
States, I submit the rest to Congress.
U.S. GRANT.
[Footnote 97: See pp. 324-325.]
SPECIAL MESSAGES.
EXECUTIVE MANSION, _January 6, 1876_.
_To the Senate of the United States_:
In reply to the resolution of the Senate of the 27th of February last,
requesting the President to institute inquiries as to the proper place
for the establishment of a branch mint at some point in the Western
States or in the Mississippi Valley, I transmit herewith the report, and
accompanying papers, of the Director of the Mint, who was charged with
the duty of making the inquiries called for by said resolution.
U.S. GRANT.
WASHINGTON, _January 21, 1876_.
_To the House of Representatives_:
I transmit to the House of Representatives, in answer to their
resolution of the 17th instant, a report from the Secretary of State,
with accompanying documents.[98]
U.S. GRANT.
[Footnote 98: Correspondence with Spain relative to Cuba.]
WASHINGTON, _January 25, 1876_.
_To the House of Representatives_:
In answer to the resolution of the House of Representatives of the 22d
of January instant, I herewith transmit a report[99] from the Secretary
of State.
U.S. GRANT.
[Footnote 99: Stating that no correspondence had taken place during the
year 1875 with any European Government other than Spain relative to
Cuba.]
EXECUTIVE MANSION, _February 3, 1876_.
_To the Senate of the United States_:
In answer to the resolution of the Senate of the 19th of January
instant, requesting the examination, with a view to ascertaining their
suitableness for the purposes of a mint, of the building and grounds
situated in Columbus, Ohio, known as the "Capital University," and
proposed to be donated to the United States by F. Michel, of said city,
I have the honor to transmit herewith the report of the Director of the
Mint, accompanied by a diagram of the building and lot.
U.S. GRANT.
EXECUTIVE MANSION, _February, 1876_.
_To the House of Representatives_:
In answer to the resolution of the 6th of January of the House of
Representatives, requesting to be informed "of the number of Indian
agents, regular and special, clerks, and other employees in the Indian
service, except those on duty in the office of the Secretary of the
Interior, and the amounts paid to each as salaries and expenses," I have
the honor to transmit herewith a copy of a report, dated the 31st
ultimo, from the Commissioner of Indian Affairs, together with the
statements therein referred to.
U.S. GRANT.
WASHINGTON, _February 8, 1876_.
_To the Senate of the United States_:
I transmit to the Senate, in answer to the resolution[100] of that body
of the 18th ultimo, a report from the Secretary of State, with
accompanying papers.
U.S. GRANT.
[Footnote 100: Calling for correspondence with any government or its
representatives relative to the centennial celebration to be held in
Philadelphia.]
EXECUTIVE MANSION, _February 28, 1876_.
_To the Senate and House of Representatives_:
I lay before you herewith a communication from the Secretary of the
Interior, of date 26th instant, upon the subject of the deficiency of
supplies at the Red Cloud Agency, Nebr.
This matter has already been presented to you by the Secretary, and the
House of Representatives has requested an investigation by a military
officer of the cause of this deficiency. I have taken proper steps to
comply with this request of the House, but the present need of supplies
is not disputed. A prolonged delay in furnishing provisions to these
Indians will cause great distress and be likely to provoke raids on
white settlements, and possibly lead to general outbreak and
hostilities.
I therefore deem it proper to invite your attention to the importance of
early and favorable action upon the estimates heretofore and herewith
submitted.
These estimates and the views of the Secretary in regard to this
emergency meet with my full concurrence, and I recommend that the
appropriations asked for be made at the earliest day practicable.
U.S. GRANT.
WASHINGTON, _March 3, 1876_.
_To the House of Representatives_:
In answer to the resolution of the House of Representatives of the
21st ultimo, I transmit herewith a report from the Secretary of State,
and accompanying papers,[101] together with a report from the Secretary
of the Treasury.
U.S. GRANT.
[Footnote 101: Correspondence relative to the mode of transferring to the
United States the Alabama indemnity of $15,500,000, and correspondence
and papers showing the payment of the indemnity, the form of receipt
given therefor, and the disposition of the indemnity.]
EXECUTIVE MANSION, _March 6, 1876_.
_To the Senate of the United States_:
In answer to the resolution of the Senate of the 7th of January last,
requesting a "statement of the number of military arrests made in the
Territory of Alaska during the past five years, together with the date
of each, the charge on which made in each case, the names of the persons
arrested, and the period and character of the imprisonment of each in
that Territory before trial or surrender to the civil authorities for
trial," I have the honor to submit herewith the report of the Acting
Secretary of War.
U.S. GRANT.
WASHINGTON, _March 10, 1876_.
_To the Senate of the United States_:
I transmit to the Senate, for consideration with a view to ratification,
a metric convention between the United States and certain foreign
governments, signed at Paris on the 20th of May, 1875, by Mr. E.B.
Washburne, the minister of the United States at that capital, acting on
behalf of this Government, and by the representatives acting on behalf
of the foreign powers therein mentioned.
A copy of certain papers on the subject, mentioned in the subjoined
list, is also transmitted for the information of the Senate.
U.S. GRANT.
WASHINGTON, _March 22, 1876_.
_To the House of Representatives_:
In answer to a resolution[102] of the House of Representatives of the 23d
of February ultimo, I transmit herewith a report of the Secretary of State
and the papers which accompany it.
U.S. GRANT.
[Footnote 102: Calling for information or facts relative to the charges
against George F. Seward, United States minister to China.]
EXECUTIVE MANSION, _March 23, 1876_.
_To the House of Representatives_:
In answer to the resolution of the House of Representatives of the
3d of February last, requesting the President "to require a competent,
experienced military officer of the United States to execute the duties
of an Indian agent so far as to repair to the Red Cloud Agency, and, in
his discretion, other Sioux agencies, with instructions to inquire into
the causes of" the exhaustion of the appropriation for the subsistence
and support of the Sioux Indians for the present fiscal year; "as also
his opinion as to whether any further and what amount should be
appropriated for the subsistence and support of said Indians for the
remainder of the current fiscal year," I have the honor to transmit
herewith the report of Lieutenant-Colonel Merritt, of the Ninth Cavalry,
who was charged by the Secretary of War with the duty of making the
inquiries called for by said resolution.
U.S. GRANT.
EXECUTIVE MANSION, _March 24, 1876_.
_To the Senate of the United States_:
In further answer to the resolution of the Senate of the 7th of January
last, requesting to be furnished "with a statement of the number of
military arrests made in the Territory of Alaska during the past five
years, together with the date of each, the charge on which made in each
case, the names of the persons arrested, and the period and character of
the imprisonment of each in that Territory before trial or surrender to
the civil authorities for trial," I have the honor to transmit herewith
the report of the Secretary of War.
U.S. GRANT.
EXECUTIVE MANSION, _March 27, 1876_.
_To the House of Representatives_:
In further answer to the resolution of the House of the 6th of January
last, with regard to certain expenditures and employees in the Indian
service, except those on duty in the office of the Secretary of the
Interior, etc., I have the honor to transmit to you a supplementary
report received from the Secretary of the Interior, respecting and
explaining a clerical error to be found in that portion of the statement
of the Interior Department which relates to the expenditures of the
Board of Indian Commissioners, and to ask its consideration in
connection with the papers which accompanied my message of the 3d of
February last.
U.S. GRANT.
EXECUTIVE MANSION, _March 27, 1876_.
_To the House of Representatives_:
I have the honor to transmit herewith a communication received from
the chairman of the board on behalf of the United States Executive
Departments, containing in detail the operations of the board and
setting forth the present embarrassments under which it is now laboring
in the endeavor to conduct the participation of the Government in the
Centennial Exhibition, and showing very clearly the necessity of
additional funds to carry out the undertaking in a creditable manner.
U.S. GRANT.
EXECUTIVE MANSION, _April 3, 1876_.
_To the House of Representatives_:
I have the honor to transmit herewith, for your information, a
communication from the Secretary of the Interior of this date, upon the
urgent necessities of the Pawnee Indians.
This tribe has recently been removed to the Indian Territory, and is
without means of subsistence except as supplied by the Government. Its
members have evinced a disposition to become self-supporting, and it
is believed that only temporary aid will be required by them. The sums
advanced by the United States for this purpose it is expected will be
refunded from the proceeds of the sale of the Pawnee Reservation in
Nebraska.
The present destitute condition of these Indians would seem to call
for immediate relief, and I recommend the subject to your early and
favorable consideration.
U.S. GRANT.
EXECUTIVE MANSION, _April 6, 1876_.
_To the Senate of the United States_:
In further answer to the resolution of the Senate of the 7th of January
last (partial answers having been transmitted on the 6th and 24th
ultimo), calling for a statement of "the number of military arrests in
the Territory of Alaska during the past five years," etc., I have the
honor to submit herewith a report, with accompanying papers, received
from the Secretary of War.
U.S. GRANT.
EXECUTIVE MANSION, _April 19, 1876_.
_To the Senate and House of Representatives_:
I have the honor to transmit herewith to Congress the final report
of the board of audit constituted by section 6 of the "act for the
government of the District of Columbia, and for other purposes,"
approved June 20, 1874, and abolished by the joint resolution approved
March 14, 1876, and to call your attention to the statements therein
presented.
U.S. GRANT.
WASHINGTON, _May 1, 1876_.
_To the Senate_:
I transmit herewith, for the information of Congress, a report of
the president of the Centennial Commission upon the ceremonies to be
observed at the opening of the exhibition on the 10th instant. It will
be observed that an invitation is therein extended to Senators and
Representatives to be present on that occasion.
U.S. GRANT.
[The same message was sent to the House of Representatives.]
WASHINGTON, _May 1, 1876_.
_To the Senate_:
I transmit herewith, for the consideration of the Senate with a view to
its ratification by that body, a treaty between the United States and
Mexico, concluded on the 29th ultimo.
U.S. GRANT.
WASHINGTON, _May 1, 1876_.
_To the House of Representatives_:
I transmit herewith, in answer to the resolution of the House of
Representatives of 15th March last, a report[103] from the
Secretary of State and accompanying papers.
U.S. GRANT.
[Footnote 103: Explanatory of the object, intent, and character of the
power conferred upon A. B. Steinberger, special agent to the Samoan or
Navigators Islands, and transmitting correspondence relative to the
object, operation, and result of his agency.]
WASHINGTON, _May 4, 1876_.
_To the House of Representatives_:
I have given very attentive consideration to a resolution of the House
of Representatives passed on the 3d of April, requesting the President
of the United States to inform the House whether any executive offices
acts, or duties, and, if any, what, have within a specified period been
performed at a distance from the seat of Government established by law,
etc.
I have never hesitated and shall not hesitate to communicate to
Congress, and to either branch thereof, all the information which the
Constitution makes it the duty of the President to give, or which my
judgment may suggest to me or a request from either House may indicate
to me will be useful in the discharge of the appropriate duties confided
to them. I fail, however, to find in the Constitution of the United
States the authority given to the House of Representatives (one branch
of the Congress, in which is vested the legislative power of the
Government) to require of the Executive, an independent branch of the
Government, coordinate with the Senate and House of Representatives,
an account of his discharge of his appropriate and purely executive
offices, acts, and duties, either as to when, where, or how performed.
What the House of Representatives may require as a right in its demand
upon the Executive for information is limited to what is necessary for
the proper discharge of its powers of legislation or of impeachment.
The inquiry in the resolution of the House as to where executive acts
have within the last seven years been performed and at what distance
from any particular spot or for how long a period at any one time, etc.,
does not necessarily belong to the province of legislation. It does not
profess to be asked for that object.
If this information be sought through an inquiry of the President as to
his executive acts in view or in aid of the power of impeachment vested
in the House, it is asked in derogation of an inherent natural right,
recognized in this country by a constitutional guaranty which protects
every citizen, the President as well as the humblest in the land, from
being made a witness against himself.
During the time that I have had the honor to occupy the position of
President of this Government it has been, and while I continue to occupy
that position it will continue to be, my earnest endeavor to recognize
and to respect the several trusts and duties and powers of the
coordinate branches of the Government, not encroaching upon them nor
allowing encroachments upon the proper powers of the office which the
people of the United States have confided to me, but aiming to preserve
in their proper relations the several powers and functions of each of
the coordinate branches of the Government, agreeably to the Constitution
and in accordance with the solemn oath which I have taken to "preserve,
protect, and defend" that instrument.
In maintenance of the rights secured by the Constitution to the
executive branch of the Government I am compelled to decline any
specific or detailed answer to the request of the House for information
as to "any executive offices, acts, or duties, and, if any, what, have
been performed at a distance from the seat of Government established by
law, and for how long a period at any one time and in what part of the
United States."
If, however, the House of Representatives desires to know whether during
the period of upward of seven years during which I have held the office
of President of the United States I have been absent from the seat of
Government, and whether during that period I have performed or have
neglected to perform the duties of my office, I freely inform the House
that from the time of my entrance upon my office I have been in the
habit, as were all of my predecessors (with the exception of one, who
lived only one month after assuming the duties of his office, and one
whose continued presence in Washington was necessary from the existence
at the time of a powerful rebellion), of absenting myself at times from
the seat of Government, and that during such absences I did not neglect
or forego the obligations or the duties of my office, but continued to
discharge all of the executive offices, acts, and duties which were
required of me as the President of the United States. I am not aware
that a failure occurred in any one instance of my exercising the
functions and powers of my office in every case requiring their
discharge, or of my exercising all necessary executive acts, in whatever
part of the United States I may at the time have been. Fortunately, the
rapidity of travel and of mail communication and the facility of almost
instantaneous correspondence with the offices at the seat of Government,
which the telegraph affords to the President in whatever section of the
Union he may be, enable him in these days to maintain as constant and
almost as quick intercourse with the Departments at Washington as may be
maintained while he remains at the capital.
The necessity of the performance of executive acts by the President of
the United States exists and is devolved upon him, wherever he may be
within the United States, during his term of office by the Constitution
of the United States.
His civil powers are no more limited or capable of limitation as to the
place where they shall be exercised than are those which he might be
required to discharge in his capacity of Commander in Chief of the Army
and Navy, which latter powers it is evident he might be called upon to
exercise, possibly, even without the limits of the United States. Had
the efforts of those recently in rebellion against the Government been
successful in driving a late President of the United States from
Washington, it is manifest that he must have discharged his functions,
both civil and military, elsewhere than in the place named by law as the
seat of Government.
No act of Congress can limit, suspend, or confine this constitutional
duty. I am not aware of the existence of any act of Congress which
assumes thus to limit or restrict the exercise of the functions of the
Executive. Were there such acts, I should nevertheless recognize the
superior authority of the Constitution, and should exercise the powers
required thereby of the President.
The act to which reference is made in the resolution of the House
relates to the establishing of the seat of Government and the providing
of suitable buildings and removal thereto of the offices attached to the
Government, etc. It was not understood at its date and by General
Washington to confine the President in the discharge of his duties and
powers to actual presence at the seat of Government. On the 30th of
March, 1791, shortly after the passage of the act referred to, General
Washington issued an Executive proclamation having reference to the
subject of this very act from Georgetown, a place remote from
Philadelphia, which then was the seat of Government, where the act
referred to directed that "all offices attached to the seat of
Government" should for the time remain.
That none of his successors have entertained the idea that their
executive offices could be performed only at the seat of Government is
evidenced by the hundreds upon hundreds of such acts performed by my
predecessors in unbroken line from Washington to Lincoln, a memorandum
of the general nature and character of some of which acts is submitted
herewith; and no question has ever been raised as to the validity of
those acts or as to the right and propriety of the Executive to exercise
the powers of his office in any part of the United States.
U.S. GRANT.
_Memorandum of absences of the Presidents of the United States from the
national capital during each of the several Administrations, and of
public and executive acts performed during the time of such absences_.
President Washington was frequently absent from the capital; he appears
to have been thus absent at least one hundred and eighty-one days during
his term.
During his several absences he discharged official and executive duties;
among them--
In March, 1791, he issued a proclamation, dated at Georgetown, in
reference to running the boundary for the territory of the permanent
seat of the Government.
From Mount Vernon he signed an official letter to the Emperor of
Morocco, and from the same place the commission of Oliver Wolcott as
Comptroller of the Treasury and the proclamation respecting the whisky
insurrection in Pennsylvania; also various sea letters, the proclamation
of the treaty of 1795 between the United States and Spain, the Executive
order of August 4, 1792, relative to the duties on distilled spirits,
etc.
When at Germantown he signed the commission of John Breckenridge as
attorney of the United States for Kentucky, and that of engineer of the
United States Mint.
He proposed to have Mr. Yrujo officially presented, as envoy
extraordinary and minister plenipotentiary from Spain, to him at Mount
Vernon; but although Mr. Yrujo went there for the purpose, the ceremony
of presentation was prevented by Mr. Yrujo's having accidentally left
his credentials.
President John Adams was absent from the capital during his term of
four years, on various occasions, three hundred and eighty-five days.
He discharged official duties and performed the most solemn public acts
at Quincy in the same manner as when at the seat of Government. In 1797
(August 25) he forwarded to the Secretary of State a number of passports
which he had signed at Quincy. He issued at Quincy commissions to
numerous officers of various grades, civil and military. On the 28th of
September, 1797, he forwarded to the Secretary of State a commission for
a justice of the Supreme Court, signed in blank at Quincy, instructing
the Secretary to fill it with the name of John Marshall if he would
accept, and, if not, Bushrod Washington. He issued a proclamation
opening trade with certain ports of St. Domingo, and signed warrants
for the execution of two soldiers and for a pardon.
President Jefferson was absent from the seat of Government during
his two terms of office seven hundred and ninety-six days, more than
one-fourth of the whole official period. During his absence he signed
and issued from Monticello seventy-five commissions, one letter to the
Emperor of Russia, and nine letters of credence to diplomatic agents of
the United States accredited to other governments.
President Madison was absent from the seat of Government during his two
Presidential terms six hundred and thirty-seven days. He signed and
issued from Montpelier during his absence from the capital seventy-one
commissions, one proclamation, and nine letters of credence to
ministers, accrediting them to foreign governments, and, as it appears,
transacted generally all the necessary routine business incident to the
Executive office.
President Monroe was absent from the capital during his Presidential
service of eight years seven hundred and eight days, independent of
the year 1824 and the two months of 1825, for which period no data
are found. He transacted public business wherever he happened to be,
sometimes at his farm in Virginia, again at his summer resort on the
Chesapeake, and sometimes while traveling. He signed and issued from
these several places, away from the capital, numerous commissions to
civil officers of the Government, exequaturs to foreign consuls, letters
of credence, two letters to sovereigns, and thirty-seven pardons.
President John Q. Adams was absent from the capital during his
Presidential term of four years two hundred and twenty-two days. During
such absence he performed official and public acts, signing and issuing
commissions, exequaturs, pardons, proclamations, etc. Referring to his
absence in August and September, 1827, Mr. Adams, in his memoirs, volume
8, page 75, says: "I left with him [the chief clerk] some blank
signatures, to be used when necessary for proclamations, remission of
penalties, and commissions of consuls, taking of him a receipt for the
number and kind of blanks left with him, with directions to return to me
when I came back all the signed blanks remaining unused and to keep and
give me an account of all those that shall have been disposed of. This
has been my constant practice with respect to signed blanks of this
description. I do the same with regard to patents and land grants."
President Jackson was absent from the capital during his Presidential
service of eight years five hundred and two days. He also performed
executive duties and public acts while absent. He appears to have signed
and issued while absent from the capital very many public papers,
embracing commissions, letters of credence, exequaturs, pardons, and
among them four Executive proclamations. On the 26th of June, 1833, he
addressed a letter from Boston to Mr. Duane, Secretary of the Treasury,
giving his views at large on the removal of the "deposits" from the
United States Bank and placing them in the State banks, directing that
the change, with all its arrangements, should be, if possible, completed
by the 15th September following, and recommending that Amos Kendall
should be appointed an agent of the Treasury Department to make the
necessary arrangements with the State banks. Soon after, September 23,
a paper signed by the President and purporting to have been read to the
Cabinet was published in the newspapers of the day. Early in the next
session of Congress a resolution passed the Senate inquiring of the
President whether the paper was genuine or not and if it was published
by his authority, and requesting that a copy be laid before that body.
The President replied, avowing the genuineness of the paper and that it
was published by his authority, but declined to furnish a copy to the
Senate on the ground that it was purely executive business, and that the
request of the Senate was an undue interference with the independence of
the Executive, a coordinate branch of the Government. In January, 1837
(26th), he refused the privilege to a committee under a resolution of
the House of Representatives to make a general investigation of the
Executive Departments without specific charges, on the ground, among
others, that the use of the books, papers, etc., of the Departments for
such purpose would interfere with the discharge of the public duties
devolving upon the heads of the different Departments, and necessarily
disarrange and retard the public business.
President Van Buren was absent from the capital during his Presidential
term one hundred and thirty-one days. He discharged executive duties
and performed official and public acts during these absences. Among the
papers signed by President Van Buren during his absence from the seat of
Government are commissions (one of these being for a United States judge
of a district court), pardons, etc.
President Tyler was absent from the capital during his Presidential term
one hundred and sixty-three days, and performed public acts and duties
during such absences, signing public papers and documents to the number
of twenty-eight, in which were included commissions, exequaturs, letters
of credence, pardons, and one proclamation making public the treaty of
1842 between the United States and Ecuador.
President Polk was absent from the capital during his Presidential term
thirty-seven days, and appears to have signed but two official public
papers during such absence.
President Taylor was absent from the capital during the time he served
as President thirty-one days, and while absent signed two commissions,
three "full powers," two exequaturs, and the proclamation of August 11,
1849, relative to a threatened invasion of Cuba or some of the Provinces
of Mexico.
President Fillmore was absent from the capital during the time he served
as President sixty days. During such absence he signed pardons,
commissions, exequaturs, etc.
President Pierce was absent from the capital in all during his
Presidential term fifty-seven days. The several periods of absence which
make up this aggregate were each brief, and it does not appear that
during these absences the President signed any public official
documents, except one pardon.
President Buchanan was absent from the capital during his Presidential
term fifty-seven days, and the official papers which he is shown to have
signed during such absence are three exequaturs and one letter of
credence.
In addition to the public documents and papers executed by the several
Presidents during their absences from the seat of Government, constant
official correspondence was maintained by each with the heads of the
different Executive Departments.
WASHINGTON, _May 15, 1876_.
_To the House of Representatives_:
In answer to the resolution of the House of Representatives of the 10th
ultimo, I transmit herewith a report and accompanying papers upon the
subject[104] from the Secretary of State.
U.S. GRANT.
[Footnote 104: Course pursued to enforce the provisions of the convention
with Venezuela of April 25, 1866, and the payment of adjudicated claims
under act approved February 25, 1873.]
WASHINGTON, _May 16, 1876_.
_To the House of Representatives_:
In answer to a resolution of the House of Representatives of the 5th
instant, requesting information as to payments by the Government of
Venezuela on account of claims of citizens of the United States under
the convention of the 25th of April, 1866, I transmit a report from the
Secretary of State, to whom the resolution was referred.
U.S. GRANT.
WASHINGTON, _May 19, 1876_.
_To the Senate_:
I transmit herewith, in answer to a resolution of the Senate of the 27th
March last, a report[105] from the Secretary of State and an accompanying
paper.
U.S. GRANT.
[Footnote 105: Relating to amount of money in the custody of the
Department of State to the credit of the awards of the mixed commission
under the treaty with Venezuela of April 25, 1866.]
WASHINGTON, _May 31, 1876_.
_To the House of Representatives_:
I transmit, in answer to a resolution of the House of Representatives
of the 22d instant, a report of the Secretary of State, with its
accompanying papers[106].
U.S. GRANT.
[Footnote 106: Relating to the steps taken for the protection of American
citizens in the Ottoman dominions.]
EXECUTIVE MANSION, _June 7, 1876_.
_To the Senate and House of Representatives_:
I herewith transmit the report of the board appointed to test iron,
steel, and other metals, in accordance with the provisions of section 4
of "An act making appropriations for sundry civil expenses of the
Government for the fiscal year ending June 30, 1876, and for other
purposes," approved March 3, 1875.
This board is to determine by actual tests the strength and value of all
metals, and to prepare tables which will exhibit their strength and
value for all constructions.
The accompanying memorials and resolutions of scientific associations,
colleges, and schools strongly advocate the continuation of this board,
which is national in its character and general in its investigations.
The board asks for an appropriation of $50,000 for the ensuing year, and
that any unexpended balances remaining on hand on the 30th of June,
1876, may be reappropriated.
This recommendation is submitted for favorable action, in the belief
that the labors of the board will, in the benefits accruing to important
industrial interests, more than repay to the country at large any money
that may be so expended.
U.S. GRANT.
WASHINGTON, _June 10, 1876_.
_To the House of Representatives_:
I transmit herewith, in answer to the resolution of the House of
Representatives of the 30th day of March last, a report from the
Secretary of State, with accompanying papers, which presents the
correspondence and condition of the question[107] up to the day of
its date.
U.S. GRANT.
[Footnote 107: The refusal of Great Britain to surrender certain fugitive
criminals in accordance with the extradition clause of the treaty of
August 9, 1842.]
WASHINGTON, _June 14, 1876_.
_To the Senate_:
In answer to the resolution of the Senate of the 26th April ultimo,
I herewith transmit a report[108] from the Secretary of State, with
accompanying documents.
U.S. GRANT.
[Footnote 108: Relating to claims before and judgments rendered by the
Alabama Claims Commission arising from captures by the rebel cruiser
_Shenandoah_.]
EXECUTIVE MANSION, _June 17, 1876_.
_To the Senate and House of Representatives_:
The near approach of a new fiscal year and the failure of Congress
up to this time to provide the necessary means to continue all the
functions of Government make it my duty to call your attention to the
embarrassments that must ensue if the fiscal year is allowed to close
without remedial action on your part.
Article I, section 9, of the Constitution declares:
No money shall be drawn from the Treasury but in consequence of
appropriations made by law.
To insure economy of expenditure and security of the public treasure
Congress has from time to time enacted laws to restrain the use of
public moneys, except for the specific purpose for which appropriated
and within the time for which appropriated; and to prevent contracting
debts in anticipation of appropriate appropriations, Revised Statutes,
section 3679, provides:
No Department of the Government shall expend in any one fiscal year any
sum in excess of appropriations made by Congress for that fiscal year,
or involve the Government in any contract for the future payment of
money in excess of such appropriations.
Section 3732 provides:
No contract or purchase on behalf of the United States shall be made
unless the same is authorized by law or is under an appropriation
adequate to its fulfillment, except in the War and Navy Departments,
for clothing, subsistence, forage, fuel, quarters, or transportation,
which, however, shall not exceed the necessities of the current year.
Section 3678, as follows:
All sums appropriated for the various branches of expenditure in the
public service shall be applied solely to the objects for which they
are respectively made, and for no others.
Section 3690, that--
All balances of appropriations contained in the annual appropriation
bills, and made specifically for the service of any fiscal year, and
remaining unexpended at the expiration of such fiscal year, shall only
be applied to the payment of expenses properly incurred during that year
or to the fulfillment of contracts properly made within that year; and
balances not needed for such purposes shall be carried to the surplus
fund. This section, however, shall not apply to appropriations known as
permanent or indefinite appropriations.
The effect of the laws quoted, taken in connection with the
constitutional provision referred to, is, as above stated, to prohibit
any outlay of public money toward defraying even the current and
necessary expenses of Government after the expiration of the year for
which appropriated, excepting when those expenses are provided for by
some permanent appropriation, and excepting in the War and Navy
Departments, under section 3732.
The number of permanent appropriations are very limited, and cover but
few of the necessary expenditures of the Government. They are nearly
all, if not quite all, embraced in sections 3687, 3688, and 3689 of
the Revised Statutes. That contained in section 3687 is applicable to
_expenses of collecting the revenue from customs_, that in section 3688
to the payment of interest on the _public debt_, and that in section
3689 to various objects too numerous to detail here.
It will be observed that while section 3679, quoted above, provides
that _no_ Department shall in any one fiscal year involve the Government
in any contract for the future payment of money in excess of the
appropriation for that year, section 3732, also quoted above, confers,
by clear implication, upon the heads of the War and Navy Departments
full authority, even in the absence of any appropriation, to purchase
or contract for clothing, subsistence, forage, fuel, quarters, or
transportation not exceeding the necessities of the current year. The
latter provision is special and exceptional in its character, and is to
be regarded as excluded from the operation of the former more general
one. But if any of the appropriation bills above enumerated should fail
to be matured before the expiration of the current fiscal year, the
Government would be greatly embarrassed for want of the necessary
funds to carry on the service. Precluded from expending money not
appropriated, the Departments would have to suspend the service so
far as the appropriations for it should have failed to be made.
A careful examination of this subject will demonstrate the embarrassed
condition all branches of the Government will be in, and especially the
executive, if there should be a failure to pass the necessary
appropriation bills before the 1st of July, or otherwise provide.
I commend this subject most earnestly to your consideration, and urge
that some measure be speedily adopted to avert the evils which would
result from nonaction by Congress. I will venture the suggestion, by
way of remedy, that a joint resolution, properly guarded, might be
passed through the two Houses of Congress, extending the provisions
of all appropriations for the present fiscal year to the next in
all cases where there is a failure on the 1st of July to supply such
appropriation; each appropriation so extended to hold good until
Congress shall have passed a corresponding appropriation applicable to
the new fiscal year, when all moneys expended under laws enacted for
this fiscal year shall be deducted from the corresponding appropriation
for the next.
To make my ideas on this subject more clear, I have caused to be drawn
up a joint resolution embodying them more fully.
U.S. GRANT.
JOINT RESOLUTION to provide for defraying temporarily the ordinary and
necessary expenses of the public service.
Whereas the ordinary and necessary expenses of the public service in its
various branches, comprising among others the expenses which especially
pertain to the legislative, executive, and judicial departments of the
Government, to the consular and diplomatic service, to the postal
service, to the support of the Army, and to the maintenance of the Navy,
are generally met by annual appropriations which expire at the end of
the current fiscal year; and
Whereas no public funds will be available to defray these expenses as
the same shall accrue after that period unless appropriations shall have
been previously made therefor by law; and
Whereas, to avoid the great embarrassment to the public service that
might otherwise ensue, it is expedient to make provision for defraying
temporarily such of these expenses as would be unprovided for in case
some one of the usual annual appropriation bills designed to provide
therefor should fail to be matured by the end of the fiscal year now
current: Therefore,
_Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled_, That in case any of the
following appropriation bills for the fiscal year ending June 30, 1877,
shall not have passed by the commencement of such year, so that the
funds to be appropriated thereby may then be available for
expenditure--that is to say, the bill providing for the legislative,
executive, and judicial expenses; the bill providing for the consular
and diplomatic expenses; the bill providing for the service of the
Post-Office Department; the bill providing for the support of the Army,
and the bill providing for the naval service--the appropriation act for
the current fiscal year corresponding in its general description and
object to such appropriation bill shall extend to the fiscal year next
ensuing until such appropriation bill is enacted and takes effect, to
the end that the provisions of such appropriation act which apply to the
ordinary and necessary expenses of the public service for the current
fiscal year shall in like manner be applicable to similar expenses which
may accrue during the period intervening between the end of the current
fiscal year and the time when such appropriation bill for the next
ensuing fiscal year shall be enacted and take effect.
WASHINGTON, _June 20, 1876_.
_To the Senate and House of Representatives_:
By the tenth article of the treaty between the United States and
Great Britain signed in Washington on the 9th day of August, 1842, it
was agreed that the two Governments should, upon mutual requisitions
respectively made, deliver up to justice all persons who, being
charged with certain crimes therein enumerated, committed within the
jurisdiction of either, should seek an asylum or be found within the
territories of the other.
The only condition or limitation contained in the treaty to the
reciprocal obligation thus to deliver up the fugitive was that it should
be done only upon such evidence of criminality as, according to the laws
of the place where the fugitive or person so charged should be found,
would justify his apprehension and commitment for trial if the crime or
offense had there been committed.
In the month of February last a requisition was duly made, in
pursuance of the provisions of the treaty, by this Government upon that
of Great Britain for the surrender of one Ezra D. Winslow, charged with
extensive forgeries and the utterance of forged paper, committed within
the jurisdiction of the United States, who had sought an asylum
and was found within the territories of Her Britannic Majesty and was
apprehended in London. The evidence of the criminality of the fugitive
was duly furnished and heard, and, being found sufficient to justify his
apprehension and commitment for trial if the crimes had been committed
in Great Britain, he was held and committed for extradition.
Her Majesty's Government, however, did not deliver up the fugitive
in accordance with the terms of the treaty, notwithstanding every
requirement thereof had been met on the part of the United States, but,
instead of surrendering the fugitive, demanded certain assurances or
stipulations not mentioned in the treaty, but foreign to its provisions,
as a condition of the performance by Great Britain of her obligations
under the treaty.
In a recent communication to the House of Representatives, and in answer
to a call from that body for information on this case, I submitted the
correspondence which has passed between the two Governments with
reference thereto. It will be found in Executive Document No. 173 of the
House of Representatives of the present session, and I respectfully
refer thereto for more detailed information bearing on the question.
It appears from the correspondence that the British Government bases its
refusal to surrender the fugitive and its demand for stipulations or
assurances from this Government on the requirements of a purely domestic
enactment of the British Parliament, passed in the year 1870.
This act was brought to the notice of this Government shortly after
its enactment, and Her Majesty's Government was advised that the
United States understood it as giving continued effect to the existing
engagements under the treaty of 1842 for the extradition of criminals;
and with this knowledge on its part, and without dissent from the
declared views of the United States as to the unchanged nature of the
reciprocal rights and obligations of the two powers under the treaty,
Great Britain has continued to make requisitions and to grant surrenders
in numerous instances, without suggestion that it was contemplated to
depart from the practice under the treaty which has obtained for more
than thirty years, until now, for the first time, in this case of
Winslow, it is assumed that under this act of Parliament Her Majesty may
require a stipulation or agreement not provided for in the treaty as a
condition to the observance by her Government of its treaty obligations
toward this country.
This I have felt it my duty emphatically to repel.
In addition to the case of Winslow, requisition was also made by this
Government on that of Great Britain for the surrender of Charles J.
Brent, also charged with forgery, committed in the United States, and
found in Great Britain. The evidence of criminality was duly heard and
the fugitive committed for extradition.
A similar stipulation to that demanded in Winslow's case was also asked
in Brent's, and was likewise refused.
It is with extreme regret that I am now called upon to announce to
you that Her Majesty's Government has finally released both of these
fugitives, Winslow and Brent, and set them at liberty, thus omitting to
comply with the provisions and requirements of the treaty under which
the extradition of fugitive criminals is made between the two
Governments.
The position thus taken by the British Government, if adhered to, can
not but be regarded as the abrogation and annulment of the article of
the treaty on extradition.
Under these circumstances it will not, in my judgment, comport with the
dignity or self-respect of this Government to make demands upon that
Government for the surrender of fugitive criminals, nor to entertain any
requisition of that character from that Government under the treaty.
It will be a cause of deep regret if a treaty which has been thus far
beneficial in its practical operation, which has worked so well and
so efficiently, and which, notwithstanding the exciting and at times
violent political disturbances of which both countries have been the
scene during its existence, has given rise to no complaints on the part
of either Government against either its spirit or its provisions, should
be abruptly terminated.
It has tended to the protection of society and to the general interests
of both countries. Its violation or annulment would be a retrograde step
in international intercourse.
I have been anxious and have made the effort to enlarge its scope and
to make a new treaty which would be a still more efficient agent for
the punishment and prevention of crime. At the same time, I have felt
it my duty to decline to entertain a proposition made by Great Britain,
pending its refusal to execute the existing treaty, to amend it by
practically conceding by treaty the identical conditions which that
Government demands under its act of Parliament. In addition to the
impossibility of the United States entering upon negotiations under
the menace of an intended violation or a refusal to execute the terms
of an existing treaty I deemed it inadvisable to treat of only the one
amendment proposed by Great Britain while the United States desires an
enlargement of the list of crimes for which extradition may be asked,
and other improvements which experience has shown might be embodied in
a new treaty.
It is for the wisdom of Congress to determine whether the article
of the treaty relating to extradition is to be any longer regarded as
obligatory on the Government of the United States or as forming part
of the supreme law of the land. Should the attitude of the British
Government remain unchanged, I shall not, without an expression of the
wish of Congress that I should do so, take any action either in making
or granting requisitions for the surrender of fugitive criminals under
the treaty of 1842.
Respectfully submitted.
U.S. GRANT.
EXECUTIVE MANSION, _July 8, 1876_.
_To the Senate of the United States_:
I have the honor to transmit herewith a report[109] from General W.T.
Sherman [J.D. Cameron, Secretary of War], together with the most
recent reports received from Brigadier-General A.H. Terry, as a response
to the resolution of the Senate of the 7th instant, a copy of which is
attached to this message.
U.S. GRANT.
[Footnote 109: Relating to hostile demonstrations of the Sioux Indians
and the disaster to the forces under General Custer.]
WASHINGTON, _July 13, 1876_.
_To the House of Representatives_:
I transmit herewith, in answer to a resolution of the House of
Representatives of the 1st ultimo, a report[110] from the Secretary of
State upon the subject.
U.S. GRANT.
[Footnote 110: Stating that no correspondence has taken place with Great
Britain relative to the sequestration of the lands and property in New
Zealand claimed by William Webster, an American citizen.]
WASHINGTON, _July 19, 1876_.
_To the House of Representatives_:
I transmit a report from the Secretary of State, in answer to the
resolution of the House of Representatives of the 1st of April last, on
the subject of commercial intercourse with Mexico and Central America.
U.S. GRANT.
EXECUTIVE MANSION, _July 31, 1876_.
_To the House of Representatives_:
The act making appropriations for sundry civil expenses of the
Government for the fiscal year ending June 30, 1877, is so defective
in what it omits to provide for that I can not announce its approval
without at the same time pointing out what seems to me to be its
defects. It makes but inadequate provision for the service at best,
and in some instances fails to make any provision whatever.
Notably among the first class is the reduction in the ordinary annual
appropriations for the Revenue-Cutter Service, to the prejudice of the
customs revenue.
The same may be said of the Signal Service, as also the failure to
provide for the increased expense devolved upon the mints and assay
offices by recent legislation, and thus tending to defeat the objects of
that legislation.
Of this class also are public buildings, for the protection,
preservation, and completion of which there is no adequate
appropriation, while the sum of $100,000 only is appropriated for the
repairs of the different navy yards and stations and the preservation of
the same, the ordinary and customary appropriations for which are not
less than $1,000,000.
A similar reduction is made in the expenses for armories and arsenals.
The provision for the ordinary judicial expenses is much less than the
estimated amount for that important service, the actual expenditures of
the last fiscal year, and the certain demands of the current year.
The provision for the expenses of the surveys of public lands is less
than one-half of the usual appropriation for that service and what are
understood to be its actual demands.
Reduction in the expenditures for light-houses, beacons, and fog
stations is also made in similar proportion.
Of the class for which no appropriation is made, among the most
noticeable, perhaps, is that portion of the general expenses of the
District of Columbia on behalf of the United States, as appropriated in
former years, and the judgments of the Court of Claims. The failure to
make a reasonable contribution to the expenses of the nation's capital
is an apparent dereliction on the part of the United States and rank
injustice to the people here who bear the burdens, while to refuse or
neglect to provide for the payment of solemn judgments of its own courts
is apparently to repudiate. Of a different character, but as prejudicial
to the Treasury, is the omission to make provision to enable the
Secretary of the Treasury to have the rebel archives and records of
captured and abandoned property examined and information furnished
therefrom for the use of the Government.
Finally, without further specification of detail, it may be said that
the act which in its title purports to make provision for a diverse and
greatly extended civil service unhappily appropriates an amount not more
than 65 per cent of its ordinary demands.
The legislative department establishes and defines the service, and
devolves upon the Executive Departments the obligation of submitting
annually the needful estimates of expenses of such service. Congress
properly exacts implicit obedience to the requirements of the law
in the administration of the public service and rigid accountability
in the expenditures therefor. It is submitted that a corresponding
responsibility and obligation rest upon it to make the adequate
appropriations to render possible such administration and tolerable such
exaction. Anything short of an ample provision for a specified service
is necessarily fraught with disaster to the public interests and is a
positive injustice to those charged with its execution.
To appropriate and to execute are corresponding obligations and duties,
and the adequacy of the former is the necessary measure of the
efficiency of the execution.
In this eighth month of the present session of Congress--nearly one
month of the fiscal year to which this appropriation applies having
passed--I do not feel warranted in vetoing an absolutely necessary
appropriation bill; but in signing it I deem it a duty to show where
the responsibility belongs for whatever embarrassments may arise in
the execution of the trust confided to me.
U.S. GRANT.
EXECUTIVE MANSION, _July 31, 1876_.
_To the Senate of the United States_:
In response to the resolution of the Senate of July 20, 1876, calling
upon the President to communicate to the Senate, if in his opinion not
incompatible with the public interest, any information in regard to the
slaughter of American citizens at Hamburg, S.C., I have the honor to
submit the following inclosures, to wit:
No. 1. Letter of the 22d of July, 1876, from Governor D.H. Chamberlain,
of South Carolina, to me.
No. 2. My reply thereto.
No. 3. Report of Hon. William Stone, attorney-general of South Carolina.
No. 4. Report of General H.W. Purvis, adjutant and inspector general of
South Carolina.
No. 5. Copy of evidence taken before a coroner's jury investigating
facts relating to the Hamburg massacre.
No. 6. Printed copy of statement by M.C. Butler, of South Carolina.
No. 7. Printed letter from the same to the editors of the Journal of
Commerce.
No. 8. Copy of letter from Governor Chamberlain to the Hon. T.J.
Robertson.
No. 9. An address to the American people by the colored citizens of
Charleston, S.C.
No. 10. An address by a committee appointed at a convention of leading
representatives of Columbia, S.C.
No. 11. Copy of letter of July 15, 1876, from the district attorney of
Mississippi to the Attorney-General of the United States.
No. 12. Letter from same to same.
No. 13. Copy of report of a grand jury lately in session in Oxford,
Miss.
These inclosures embrace all the information in my possession touching
the late disgraceful and brutal slaughter of unoffending men at the town
of Hamburg, S.C. My letter to Governor Chamberlain contains all the
comments I wish to make on the subject. As allusion is made in that
letter to the condition of other States, and particularly to Louisiana
and Mississippi, I have added to the inclosures letters and testimony in
regard to the lawless condition of a portion of the people of the latter
State.
In regard to Louisiana affairs, murders and massacres of innocent men
for opinion's sake or on account of color have been of too recent date
and of too frequent occurrence to require recapitulation or testimony
here. All are familiar with their horrible details, the only wonder
being that so many justify them or apologize for them.
But recently a committee of the Senate of the United States visited the
State of Mississippi to take testimony on the subject of frauds and
violence in elections. Their report has not yet been made public, but I
await its forthcoming with a feeling of confidence that it will fully
sustain all that I have stated relating to fraud and violence in the
State of Mississippi.
U.S. GRANT.
EXECUTIVE MANSION, _August 11, 1876_.
_To the Senate and House of Representatives_:
I transmit herewith a telegram of the 5th of August instant from
Lieutenant-General Sheridan to General Sherman, a letter of the 11th of
the present month from General Sherman to the Secretary of War, and a
letter from the latter of the same date to me, all setting forth the
possible needs of the Army in consequence of existing hostilities.
I would strongly urge upon Congress the necessity for making some
provision for a contingency which may arise during the vacation--for
more troops in the Indian country than it is now possible to send.
It would seem to me to be much more economical and better to authorize
an increase of the present cavalry force by 2,500 privates, but if this
is not deemed advisable, then that the President be authorized to call
out not exceeding five regiments, 1,000 strong each, of volunteers, to
serve for a period not exceeding six months.
Should this latter authority be given, I would not order out any
volunteers unless in my opinion, based upon reports from the scene of
war, I deemed it absolutely necessary, and then only the smallest number
considered sufficient to meet the emergency.
U.S. GRANT.
EXECUTIVE MANSION, _August 14, 1876_.
_To the House of Representatives_:
In affixing my signature to the river and harbor bill, No. 3822,
I deem it my duty to announce to the House of Representatives my
objections to some features of the bill, and the reason I sign it.
If it was obligatory upon the Executive to expend all the money
appropriated by Congress, I should return the river and harbor bill
with my objections, notwithstanding the great inconvenience to the
public interests resulting therefrom and the loss of expenditures from
previous Congresses upon incompleted works. Without enumerating, many
appropriations are made for works of purely private or local interest,
in no sense national. I can not give my sanction to these, and will take
care that during my term of office no public money shall be expended
upon them.
There is very great necessity for economy of expenditures at this
time, growing out of the loss of revenue likely to arise from a
deficiency of appropriations to insure a thorough collection of the
same. The reduction of revenue districts, diminution of special agents,
and total abolition of supervisors may result in great falling off of
the revenue. It may be a question to consider whether any expenditure
can be authorized under the river and harbor appropriation further than
to protect works already done and paid for. Under no circumstances will
I allow expenditures upon works not clearly national.
U.S. GRANT.
WASHINGTON, _August 14, 1876_.
_To the House of Representatives_:
In announcing, as I do, that I have attached my signature of official
approval to the "Act making appropriations for the consular and
diplomatic service of the Government for the year ending June 30, 1877,
and for other purposes," it is my duty to call attention to a provision
in the act directing that notice be sent to certain of the diplomatic
and consular officers of the Government "to close their offices."
In the literal sense of this direction it would be an invasion of the
constitutional prerogatives and duty of the Executive.
By the Constitution the President "shall have power, by and with the
advice and consent of the Senate, to make treaties, provided two-thirds
of the Senators present concur; and he shall nominate, and, by and with
the advice and consent of the Senate, shall appoint, ambassadors, other
public ministers, and consuls," etc.
It is within the power of Congress to grant or withhold appropriation
of money for the payment of salaries and expenses of the foreign
representatives of the Government.
In the early days of the Government a sum in gross was appropriated,
leaving it to the Executive to determine the grade of the officers and
the countries to which they should be sent.
Latterly, for very many years, specific sums have been appropriated
for designated missions or employments, and as a rule the omission by
Congress to make an appropriation for any specific port has heretofore
been accepted as an indication of a wish on the part of Congress which
the executive branch of the Government respected and complied with.
In calling attention to the passage which I have indicated I assume that
the intention of the provision is only to exercise the constitutional
prerogative of Congress over the expenditures of the Government and to
fix a time at which the compensation of certain diplomatic and consular
officers shall cease, and not to invade the constitutional rights of the
Executive, which I should be compelled to resist; and my present object
is not to discuss or dispute the wisdom of failing to appropriate for
several offices, but to guard against the construction that might
possibly be placed on the language used, as implying a right in the
legislative branch to direct the closing or discontinuing of any of the
diplomatic or consular offices of the Government.
U.S. GRANT.
[For message of August 15, 1876, withdrawing objections to Senate bill
No. 779, see p. 388.]
WASHINGTON, _August 15, 1876_.
_To the Senate of the United States_:
I transmit to the Senate, in answer to its resolution of the 24th
ultimo, a report from the Secretary of State, with its accompanying
statement.[111]
U.S. GRANT.
[Footnote 111: Aggregate number of civil officers in or connected with
the Department of State from 1859 to 1875, inclusive.]
VETO MESSAGES.
EXECUTIVE MANSION, _February 3, 1876_.
_To the House of Representatives_:
I have the honor to return herewith without my approval House bill No.
1561, entitled "An act transferring the custody of certain Indian trust
funds from the Secretary of the Interior to the Treasurer of the United
States," for the reasons set forth in the accompanying communication
from the Secretary of the Interior.
U.S. GRANT.
DEPARTMENT OF THE INTERIOR, _Washington, February 7, 1876_.
The PRESIDENT.
SIR: I acknowledge the receipt of your communication of the 29th ultimo,
transmitting House bill No. 1561 and requesting this Department to
report whether any objections to its becoming a law are known to exist.
In reply I have the honor to state that I am fearful that the act is not
sufficiently definite in terms to accomplish the end desired, namely,
the mere transfer of the custody of said trust funds, enabling this
Department to receive the interest from the custodian and apply it as
heretofore without the intervention of Congress. The nature of the
guardianship and control over the Indians exercised by me as Secretary
and trustee is such as to require this Department to keep an account of
the funds to their credit or held in trust for them, and to receive the
interest on their trust funds promptly when due. I am fearful that this
bill may not allow me to do so, and to guard against any danger of
embarrassment in the transaction of this business I inclose a draft of
a bill[112] which, if substituted for the one already passed, will, it is
believed, obviate the difficulties which may arise if the present bill
should become a law.
Very respectfully, your obedient servant,
Z. CHANDLER, _Secretary_.
[Footnote 112: Omitted.]
EXECUTIVE MANSION, _March 27, 1876_.
_To the House of Representatives_:
I have the honor to return herewith without my approval the bill (H.R.
No. 83) entitled "An act for the relief of James A. Hile, of Lewis
County, Mo.," for the reasons set forth in the accompanying
communication of the Secretary of War.
U.S. GRANT.
WAR DEPARTMENT, _Washington City, March 25, 1876_.
The PRESIDENT.
SIR: I have the honor to return act H.R. 83, with the following report
from the Adjutant-General:
"It appears from the records of this office that James A. Hile, private
Company F, Twenty-first Missouri Volunteers, enlisted July 15, 1861;
deserted June 14, 1862; returned August 2, 1862; was restored to duty
by special order No. 38, headquarters District of Columbus, Department
of Tennessee, dated Columbus, Ky., February 26, 1863. He reenlisted
February 28, 1864, as a veteran volunteer; was tried by general
court-martial for absence without leave from November 25, 1864, to
December 13, 1864, and sentenced to forfeit all pay and allowances for
time absent by general order No. 48, headquarters Second Division,
Sixteenth Army Corps, dated May 22, 1865.
"On the muster-out roll of company dated April 19, 1866, he is reported,
'Deserted March 1, 1866, at Bladen Springs, Ala.'
"This man, in his application to this office for discharge, stated under
oath (affidavit dated July 27, 1870) that he left his command without
leave and returned to his home February 28, 1866, having previously
applied for a furlough, which was refused.
"This man, according to his own statement under oath, did desert as
reported, and if this bill becomes a law it will be an injustice to
every soldier who served honorably with his command until his services
were no longer required by the Government, in addition to falsifying
the record, as the bill directs the record shall be made to show he
is _no deserter_.
"This is only one of many similar cases."
The remarks of the Adjutant-General adverse to the passage of the bill
are concurred in.
Very respectfully, your obedient servant,
ALPHONSO TAFT, _Secretary of War_.
EXECUTIVE MANSION, _March 31, 1876_.
_To the Senate of the United States_:
For the reasons set forth in the accompanying communication from the
Secretary of the Treasury, I have the honor to return herewith without
my approval Senate bill No. 489, entitled "An act for the relief of
G.B. Tyler and E.H. Luckett, assignees of William T. Cheatham."
U.S. GRANT.
TREASURY DEPARTMENT, _March 30, 1876_.
The PRESIDENT:
Referring to the letter of the 25th instant, written by your direction,
transmitting Senate bill No. 489, "for the relief of G.B. Tyler and B.H.
Luckett, assignees of William T. Cheatham," and requesting my opinion as
to the propriety of its approval by you, I have to say that there are no
data on file in the Department, so far as I can learn, which indicate
that the amount it is proposed by this bill to refund to the assignees
of Mr. Cheatham was wrongfully collected or that the amount should be
refunded.
The Commissioner of Internal Revenue, in his report to me in reference
to the matter, says:
"The reimbursement to the United States by said Cheatham of the salary
paid to this storekeeper by the collector of internal revenue for the
months of December, 1869, and January, 1870, was in accordance with the
provisions of joint resolution of March 29, 1869 (16 U.S. Statutes at
Large, p. 52), and there appears to be no reason for the refunding by
the United States to the assignees of said Cheatham the salary of this
storekeeper that would not apply with equal force to similar payments by
all other distillers who were operating their distilleries or had
spirits in their warehouses at that time."
The facts above stated are considered by this office valid and serious
objections to the approval of this bill, and they would have been
communicated to the Congressional committee before the passage of the
bill had they called the attention of this office to the subject.
The bill is herewith returned.
I have the honor to be, very respectfully, your obedient servant,
B.H. BRISTOW, _Secretary_.
EXECUTIVE MANSION, _April 18, 1876_.
_To the Senate of the United States_:
Herewith I return Senate bill No. 172, entitled "An act fixing the
salary of the President of the United States," without my approval.
I am constrained to this course from a sense of duty to my successors in
office, to myself, and to what is due to the dignity of the position of
Chief Magistrate of a nation of more than 40,000,000 people.
When the salary of the President of the United States, pursuant to the
Constitution, was fixed at $25,000 per annum, we were a nation of but
3,000,000 people, poor from a long and exhaustive war, without commerce
or manufactures, with but few wants and those cheaply supplied. The
salary must then have been deemed small for the responsibilities and
dignity of the position, but justifiably so from the impoverished
condition of the Treasury and the simplicity it was desired to cultivate
in the Republic.
The salary of Congressmen under the Constitution was first fixed at
$6 per day for the time actually in session--an average of about one
hundred and twenty days to each session--or $720 per year, or less than
one-thirtieth of the salary of the President.
Congress have legislated upon their own salaries from time to time
since, until finally it reached $5,000 per annum, or one-fifth that of
the President, before the salary of the latter was increased.
No one having a knowledge of the cost of living at the national capital
will contend that the present salary of Congressmen is too high, unless
it is the intention to make the office one entirely of honor, when the
salary should be abolished--a proposition repugnant to our republican
ideas and institutions.
I do not believe the citizens of this Republic desire their public
servants to serve them without a fair compensation for their services.
Twenty-five thousand dollars does not defray the expenses of the
Executive for one year, or has not in my experience. It is not now
one-fifth in value of what it was at the time of the adoption of the
Constitution in supplying demands and wants.
Having no personal interest in this matter, I have felt myself free to
return this bill to the House in which it originated with my objections,
believing that in doing so I meet the wishes and judgment of the great
majority of those who indirectly pay all the salaries and other expenses
of Government.
U.S. GRANT.
EXECUTIVE MANSION, _May 26, 1876_.
_To the House of Representatives_:
I return herewith without my approval House bill No. 1922, entitled
"An act providing for the recording of deeds, mortgages, and other
conveyances affecting real estate in the District of Columbia."
The objection to affixing my signature to this bill may be found in
the communication addressed to me by the Attorney-General, and which
accompanies this message.
U.S. GRANT.
DEPARTMENT OF JUSTICE, _Washington, May 23, 1876_.
The PRESIDENT.
SIR: In reply to your note of the 19th instant, in which you request
me to report whether there are objections to your approval of "An act
providing for the recording of deeds, mortgages, and other conveyances
affecting real estate in the District of Columbia," being House bill No.
1922, I have the honor to state that the bill seems to me objectionable
because of indefiniteness and uncertainty as to the time which it
purports to fix when deeds of trust, mortgages, etc., shall take effect
and be valid as to creditors and subsequent purchasers for valuable
consideration without notice. Although there is no constitutional
objection to the act, yet for the reason above stated I hesitate to
advise its approval.
Very respectfully, your obedient servant,
EDWARDS PIERREPONT, _Attorney-General_.
EXECUTIVE MANSION, _June 9, 1876_.
_To the Senate of the United States_:
I return herewith without my approval Senate bill No. 165, entitled
"An act for the relief of Michael W. Brock, of Meigs County, Tenn.,
late a private in Company D, Tenth Tennessee Volunteers."
The objection to affixing my signature to this bill may be found in the
indorsement (which accompanies this message) by the Adjutant-General of
the Army.
U.S. GRANT.
WAR DEPARTMENT,
ADJUTANT-GENERAL'S OFFICE,
_Washington, June 8, 1876_.
Respectfully returned to the Secretary of War.
The records of this office show that Michael W. Brock, Company D, Tenth
Tennessee Volunteers, deserted November 24, 1864, due United States for
horse and horse equipments, carbine, saber, and pistol, all complete.
He presented satisfactory evidence of his having left the service by
proper authority, and the charge of desertion has been removed and the
soldier furnished an honorable discharge.
No evidence has been presented to this office to establish that he was
erroneously charged with Government property.
If satisfactory evidence is furnished showing conclusively that this
soldier was erroneously charged with Government property, taken at time
of his reported desertion, the charge will be removed, and in that case
the inclosed act for his relief will be unnecessary.
ED TOWNSEND, _Adjutant-General_.
EXECUTIVE MANSION, _June 30, 1876_.
_To the Senate of the United States_:
I return herewith without my approval Senate bill No. 692, entitled
"An act to amend chapter 166 of the laws of the second session of the
Forty-third Congress."
The objections to affixing my signature to this bill may be found in the
report, which accompanies this message, of the Chief of Engineers of the
Army to the Secretary of War.
U.S. GRANT.
WAR DEPARTMENT, _Washington City, June 28, 1876_.
The PRESIDENT:
SIR: I have the honor to return herewith Senate bill No. 692, "to amend
chapter 166 of the laws of the second session of the Forty-third
Congress," and beg to invite your attention to the report of the Chief
of Engineers dated the 27th instant, copy inclosed, and for the reasons
stated in said report it is believed the bill should not become a law.
Very respectfully, your obedient servant,
J.D. CAMERON, _Secretary of War_.
OFFICE OF THE CHIEF OF ENGINEERS, _June 27, 1876_.
Respectfully returned to the honorable the Secretary of War.
"An act to aid in the improvement of the Fox and Wisconsin rivers, in
the State of Wisconsin," approved March 3, 1875, contains the following
clause:
"In case any lands or other property is now or shall be flowed or
injured by means of any part of the works of said improvement heretofore
or hereafter constructed, for which compensation is now or shall become
legally owing, and in the opinion of the officer in charge it is not
prudent that the dam or dams be lowered, the amount of such compensation
may be ascertained in like manner," etc.
The dams referred to in the above clause are at the outlets of Lake
Winnebago, known as the Neenah or Menasha channels of the Lower Fox
River.
The officer of the Department of Justice appointed under the provisions
of the act referred to to represent the interests of the United States
in legal proceedings "for flowage damages hereinbefore described,"
acting apparently under the assumption that because the dams in question
had not been lowered it was the opinion of the officer in charge that
they should not be lowered, has had such surveys, investigations, etc.,
made as were deemed necessary by him to protect the interests of the
United States, and under this action it is understood that, at the
instance of claimants, judges of the circuit court have appointed
commissioners to decide on the amount of compensation due, and the
judges have fixed the rate of compensation the commissioners are to
receive. These commissioners are not appointed at the instance of the
United States.
In this way the awards for damages have already been made to the amount
of $70,000, and ultimately a much larger sum will be claimed to be due
from the United States.
The officer of engineers in charge of the improvement of the Fox and
Wisconsin rivers reports that the dams which have occasioned the flowage
were not constructed by the canal companies, and are not at all
necessary for the purposes of navigation, and so far as that is
concerned could not only be lowered, but entirely dispensed with.
They were built by private parties solely for their own use and profit
and for water-power purposes, and have raised the water level and
caused the flowage, for which they should be held liable.
In view of the preceding facts, and for the additional reason that the
subject of the liability of the United States is now being investigated
by the Department of Justice, it is respectfully suggested that the
inclosed act to amend chapter 166 of the laws of the second session of
the Forty-third Congress (S. 692) should not become a law.
A.A. HUMPHREYS,
_Brigadier-General and Chief of Engineers_.
EXECUTIVE MANSION, _July 11, 1876_.
_To the House of Representatives_:
For the reasons set forth in the accompanying report of the Secretary of
War, I have the honor to return herewith without my approval House bill
No. 1337, entitled "An act for the relief of Nelson Tiffany."
U.S. GRANT.
WAR DEPARTMENT, _June 7, 1876_.
The PRESIDENT.
SIR: I have the honor to return House bill No. 1337, "for the relief of
Nelson Tiffany."
The Adjutant-General, to whom the bill was referred, reports as follows:
"Nelson Tiffany, private, Company A, Twenty-fifth Massachusetts
Volunteers, deserted October 10, 1864, and remained absent until April
25, 1865, when he surrendered under the President's proclamation,
thereby acknowledging his desertion.
"If this bill becomes a law, it will not only falsify the records of
this Department, but will be an injustice to every man who served
honorably during the War of the Rebellion."
* * * * *
Very respectfully, your obedient servant,
J.D. CAMERON, _Secretary of War_.
EXECUTIVE MANSION, _July 13, 1876_.
_To the House of Representatives_:
For the reasons stated in the accompanying report by the Commissioner of
Pensions to the Secretary of the Interior, I have the honor to return
without my approval House bill No. 11, entitled "An act granting a
pension to Eliza Jane Blumer."
U.S. GRANT.
DEPARTMENT OF THE INTERIOR, _Washington July 8, 1876_.
The PRESIDENT.
SIR: I have the honor to return herewith a bill (H.R. 11) entitled
"An act granting a pension to Eliza Jane Blumer," and to invite your
attention to the inclosed copy of a communication addressed to me on the
7th instant by the Commissioner of Pensions, relating to said bill.
In the opinion of this Department the misdescription of the soldier in
the bill is of such a character as would render it difficult, if not
impossible, to carry the provisions of the bill into effect should it
become a law.
I have the honor to be, with great respect, your obedient servant,
CHAS. T. GORHAM, _Acting Secretary_.
DEPARTMENT OF THE INTERIOR, _Washington, D.C., July 7, 1876_.
The HONORABLE SECRETARY OF THE INTERIOR.
SIR: I have the honor to return herewith engrossed House bill No. 11,
giving to Eliza Jane Blumer a pension as a widow of Henry A. Blumer,
private of Company A, Forty-seventh Pennsylvania Volunteers, with the
suggestion that if the bill is intended to pension Eliza Blumer, whose
application, No. 46382, on file in this office, has been rejected,
it should designate the soldier as of Company B of said regiment, it
failing to appear from the records of the War Department that he served
in any other company than that last named.
I am, sir, very respectfully, your obedient servant,
J.A. BENTLEY, _Commissioner_.
EXECUTIVE MANSION, _July 20, 1876_.
_To the House of Representatives_:
I have the honor to return herewith without my approval House bill No.
2684, entitled "An act to amend sections 3946, 3951, and 3954 of the
Revised Statutes."
It is the judgment of the Postmaster-General, whose report accompanies
this message, that if this bill should become a law in its present form
it would fail to give effect to its provisions. The remedial suggestions
in his report are respectfully recommended to your attention,
U.S. GRANT.
POST-OFFICE DEPARTMENT, _Washington, D.C., July 19, 1876_.
The PRESIDENT OF THE UNITED STATES,
_Washington, D.C._
SIR: I have the honor to return herewith House bill No. 2684, "to amend
sections 3946, 3951, and 3954 of the Revised Statutes," with the
following objections thereto:
The sections of the Revised Statutes which this bill proposes to amend
were substantially repealed by the twelfth section of the act entitled
"An act making appropriations for the service of the Post-Office
Department for the fiscal year ending June 30, 1875, and for other
purposes," approved June 23, 1874. The sections of the Revised Statutes
numbered as indicated in the bill were enacted as sections 246 and 251
of the "act to revise, consolidate, and amend the statutes relating to
the Post-Office Department," approved June 8, 1872. These sections were
subsequently embodied in the revision of the statutes.
If the accompanying bill should become a law in its present form, it
would, in my judgment, fail to give effect to its provisions. The bill
is a very important one for the service of the Post-Office Department.
Efforts have been made for four or five years past to induce Congress to
pass just such a law. To break up the vicious system of straw bidding,
this bill would be very valuable, and I regret exceedingly that a
mistake should have been made in the title and enacting clause which
will render its provisions inoperative.
I therefore suggest that the attention of the House in which it
originated shall be called to the defects in the bill explained above;
and to enable that body to understand very fully what, in my judgment,
would be required to perfect it, I would suggest that the title should
read "A bill to amend subsections 246 and 251 of section 12 of an
act entitled 'An act making appropriations for the service of the
Post-Office Department for the fiscal year ending June 30, 1875, and for
other purposes,' approved June 23, 1874, and also to amend section 3954
of the Revised Statutes," and that the enacting clause of the bill
should be changed in conformity therewith.
I have the honor to be, with great respect, your obedient servant,
JAS. N. TYNER, _Postmaster-General_.
EXECUTIVE MANSION, _August 14, 1876_.
_To the House of Representatives_:
For the reason stated in the accompanying communication, submitted to me
by the Secretary of War, I have the honor to return herewith without my
approval House bill No. 36, entitled "An act to restore the name of
Captain Edward S. Meyer to the active list of the Army."
U.S. GRANT.
WAR DEPARTMENT, _Washington, D.C., August 4, 1876_.
The PRESIDENT.
SIR: I have the honor to return House bill No. 36, "to restore the name
of Captain Edward S. Meyer to the active list of the Army," and beg to
invite your attention to the inclosed report of the Adjutant-General of
this date, stating objections to the approval of the bill.
Very respectfully, your obedient servant,
J.D. CAMERON, _Secretary of War_.
ADJUTANT-GENERAL'S OFFICE, _August 4, 1876_.
Respectfully returned to the Secretary of War.
Edward S. Meyer served as a private in the Fourth Ohio Volunteers (three
months) from May 4, 1861, to August 18, 1861. He again enlisted as
private, Nineteenth Ohio Volunteers, September 10, 1861; was promoted
first lieutenant November 1, 1861, and resigned September 27, 1862. He
was commissioned captain, One hundred and seventh Ohio Volunteers,
November 11, 1862; was wounded at Chancellorsville, Va., May 2, 1863,
and discharged for physical disability January 1, 1865. He was again
mustered into service February 8, 1865, as major, Fifth United States
Veteran Volunteers (Hancock's Corps), and mustered out March 20, 1866.
Was brevetted lieutenant-colonel, colonel, and brigadier-general of
volunteers March 13, 1865.
He was appointed captain, Thirty-fifth United States Infantry, July 28,
1866; became unassigned August 12, 1869; assigned to Nineteenth Infantry
August 5, 1870, and transferred to Ninth Cavalry January 1, 1871.
Retired August 24, 1872.
July 8, 1869, Captain Meyer applied for retirement on account of wounds
received at Chancellorsville May 2, 1863, by which he was incapacitated
for active service. No action was then had on the request, pending
action by Congress reducing the Army.
October 6, 1869, he asked to be placed on waiting orders, being unfit
for duty, and no possibility of improvement without going North. He was
accordingly relieved from duty and ordered home to await orders.
December 18, 1869, he called on the Secretary of War and asked to be
assigned to duty.
January 4, 1870, he again applied to be assigned to duty with some
regiment on the frontier, stating that his wound had healed, etc.,
and asking to withdraw his previous request for retirement. This was
accompanied by a similar request from his father, Mr. S. Meyer, of Ohio.
July 29, 1870, he applied the third time to withdraw application for
retirement and to be assigned to duty. On January 1, 1871, in accordance
with his repeated requests to be assigned to duty, he was assigned to
the Ninth Cavalry, serving in Texas. He joined the regiment, and on
March 4, 1872, he renewed his former request to be ordered before a
retiring board, stating that he found his injuries would not allow him
to remain on duty on the frontier; that his disability was constantly
increasing, etc. The medical director of the department approved the
request, and added that Captain Meyer's wounds certainly unfitted him
for service on the frontier.
April 13, 1872, Senator Sherman joined in requesting retirement of
Captain Meyer. He was ordered before the retiring board and on August
20, 1872, was examined.
The board found Captain Meyer "incapacitated for active service, and
that said incapacity results from a gunshot wound received in his lower
jaw at the battle of Chancellorsville, Va., May 2, 1863," when captain
in One hundred and seventh Ohio Volunteers. He was retired in accordance
with the finding.
March 21 and December 6, 1873, Captain Meyer asked restoration to active
service and reappointment as a captain of cavalry, which application was
disapproved by the General of the Army.
Pending the action on the bill before Congress no reports were called
for as to the official facts of record in the War Department, and no
evidence has been filed in this office showing that he has sufficiently
recovered.
The absence of such evidence and the fact that after one assignment to
active duty he has failed to be sufficiently recovered are submitted as
objections why the bill should not be approved.
E.D. TOWNSEND, _Adjutant-General_.
EXECUTIVE MANSION, _August 15, 1876_.
_To the House of Representatives_:
I herewith return House bill No. 4085 without my approval. The repeal of
the clause in the original bill for paving Pennsylvania avenue fixing
the time for the completion of the work by December 1, 1876, is
objectionable in this, that it fixes no date when the work is to be
completed.
Experience shows that where contractors have unlimited time to complete
any given work they consult their own convenience, and not the public
good. Should Congress deem it proper to amend the present bill in such
manner as to fix the date for the completion of the work to be done by
any date between December 1 and the close of my official term, it will
receive my approval.
U.S. GRANT.
EXECUTIVE MANSION, _August 15, 1876_.
_To the Senate of the United States_:
For the reasons stated in the accompanying communication, submitted to
me by the Acting Secretary of the Interior, I have the honor to return
herewith without my approval Senate bill No. 779, entitled "An act to
provide for the sale of a portion of the reservation of the confederated
Otoe and Missouria and the Sacs and Foxes of the Missouri tribes of
Indians, in the States of Kansas and Nebraska."
U.S. GRANT.
DEPARTMENT OF THE INTERIOR, _Washington, D.C., August 14, 1876_.
The PRESIDENT.
SIR: I have the honor to return herewith the bill (S. No. 779) entitled
"An act to provide for the sale of a portion of the reservation of the
confederated Otoe and Missouria and the Sacs and Foxes of the Missouri
tribes of Indians, in the States of Kansas and Nebraska," and to invite
your attention to the inclosed copy of a letter this day addressed to me
by the Commissioner of Indian Affairs, stating that the bill, in his
opinion, should not become a law.
I fully concur in the opinion expressed by the Commissioner, and for the
reasons stated in his letter do not feel at liberty to recommend your
approval of the bill. I have the honor to be, with great respect, your
obedient servant,
CHAS. T. GORHAM, _Acting Secretary_.
DEPARTMENT OF THE INTERIOR,
OFFICE OF INDIAN AFFAIRS,
_Washington, D.C., August 14, 1876_.
The HONORABLE SECRETARY OF THE INTERIOR.
SIR: I have the honor to return herewith, in accordance with your verbal
request, a bill entitled "An act to provide for the sale of a portion of
the reservation of the confederated Otoe and Missouria and the Sacs and
Foxes of the Missouri tribes of Indians, in the States of Kansas and
Nebraska," with my views thereon, the same having passed both Houses of
Congress and now awaits the approval of the President.
Your attention is respectfully invited to the act of June 10, 1872 (17
U.S. Statutes at Large, p. 391), which provides for the sale of these
reservations, or a portion of them. The whole of both these reservations
has been surveyed, a portion in accordance with this act of Congress and
the remainder with a view to the allotment of lands to the Indians.
The second section of the bill provides for the appraisement of the
whole reservation, while the third section authorizes the sale of a
portion not exceeding 120,000 acres, a portion of which is in Kansas.
The bill authorizes the sale of that portion lying in Kansas through the
land office located at Beatrice, Nebr. No provision is made for the
relief of such Indians, if any there be, who may have settled upon the
portion authorized to be sold, and who may have made improvements
thereon. Moreover, in fulfillment of treaty obligations, the assent of
the Indians to the operations of the whole bill, and not simply to the
first section, should be required, as in the case of the Menominees (16
U.S. Statutes at Large, p. 410). In my opinion, this bill should not
receive the approval of the President.
I have the honor to be, very respectfully, your obedient servant,
J.Q. SMITH, _Commissioner_.
[The Senate proceeded, as the Constitution prescribes, to reconsider
the said bill returned by the President of the United States with his
objections, and pending the question, Shall the bill pass, the
objections of the President of the United States to the contrary
notwithstanding? the following message was received:]
EXECUTIVE MANSION, _August 15, 1876_,
_To the Senate of the United States_:
Upon further investigation I am convinced that my message of this date,
withholding my signature from Senate bill No. 779, entitled "An act to
provide for the sale of a portion of the reservation of the confederated
Otoe and Missouria and the Sacs and Foxes of the Missouri tribes of
Indians, in the States of Kansas and Nebraska," was premature, and I
request, therefore, that the bill may be returned, in order that I may
affix my signature to it.
U.S. GRANT.
[A motion to refer the last message to the Committee on Privileges
and Elections was, after debate, determined in the negative; and the
question recurring, Shall the bill pass, the objections of the President of
the United States to the contrary notwithstanding? it was determined in
the affirmative--yeas 36, nays 0.]
EXECUTIVE MANSION, _August 15, 1876_.
_To the Senate of the United States_:
For the reasons presented in the accompanying communications, submitted
by the Secretary of War, I have the honor to return herewith without my
approval Senate bill No. 561, entitled "An act for the relief of Major
Junius T. Turner."
U.S. GRANT.
WAR DEPARTMENT, _Washington City, August 14, 1876_.
The PRESIDENT.
SIR: I have the honor to return Senate bill 561, "for the relief of
Major Junius T. Turner," with copy of the report of the Adjutant-General
of this date, stating objections to the approval of the bill.
Very respectfully, your obedient servant,
J.D. CAMERON, _Secretary of War_.
WAR DEPARTMENT,
ADJUTANT-GENERAL'S OFFICE,
_August 14, 1876_.
Respectfully returned to the Secretary of War.
The following objections exist to this bill becoming a law:
The bill as passed both Houses awards "such sum as shall equal the
travel pay of a captain of volunteers from Washington, D.C., to San
Francisco, Cal.," whereas at the date of the discharge of Junius T.
Turner he was a private of Company B, California Battalion, Second
Massachusetts Cavalry, and not a commissioned officer.
Aside from this, under the established regulations and rulings of the
Treasury and War Departments, "a soldier, on receiving and accepting
a commission as a company officer, is not entitled to traveling
allowances." A departure from this rule, heretofore adhered to, would
open up a very wide field for similar claims.
Private Junius T. Turner, Second Massachusetts Cavalry, was discharged
by way of favor March 28, 1864, to accept promotion as second
lieutenant, Third Maryland Cavalry, and was mustered as of that grade in
said regiment March 29, 1864.
He was honorably discharged September 7, 1865, as captain, Third
Maryland Cavalry, as set forth in the inclosed official copy of a
letter[113] from this office, dated June 7, 1876, to Hon. C.D. MacDougall,
M.C., of Committee on Military Affairs, House of Representatives.
E.D. TOWNSEND, _Adjutant-General_.
[Footnote 113: Omitted.]
[The Senate proceeded, as the Constitution prescribes, to reconsider
the said bill returned by the President of the United States with
his objections, and pending the question, Shall the bill pass, the
objections of the President of the United States to the contrary
notwithstanding? it was ordered that the message be referred to the
Committee on Military Affairs. At the next (second) session of the
Forty-fourth Congress the following message was received:]
EXECUTIVE MANSION, _January 12, 1877_.
_To the Senate of the United States_:
On the eve of the adjournment of the last session of Congress I returned
to the Senate bill No. 561, entitled "An act for the relief of Major
Junius T. Turner," with my objections to its becoming a law. I now
desire to withdraw those objections, as I am satisfied they were made
under a misapprehension of the facts.
U.S. GRANT.
[This message was also referred to the Committee on Military Affairs,
which committee, on February 13, 1877, reported to the Senate a
recommendation that the bill do pass, the objections of the President of
the United States to the contrary notwithstanding. No action was taken.]
PROCLAMATIONS.
BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
A PROCLAMATION.
Whereas by the first section of an act entitled "An act to authorize the
President to accept for citizens of the United States the jurisdiction
of certain tribunals in the Ottoman dominions and Egypt, established or
to be established under the authority of the Sublime Porte and of the
Government of Egypt," approved March 23, 1874, it was enacted as
follows:
That whenever the President of the United States shall receive
satisfactory information that the Ottoman Government or that of Egypt
has organized other tribunals on a basis likely to secure to citizens of
the United States in their domains the same impartial justice which they
now enjoy there under the judicial functions exercised by the minister,
consuls, and other functionaries of the United States pursuant to the
act of Congress approved the 22d of June, 1860, entitled "An act to
carry into effect provisions of the treaties between the United States,
China, Persia, and other countries giving certain judicial powers to
ministers and consuls or other functionaries of the United States in
those countries, and for other purposes," he is hereby authorized to
suspend the operations of said acts as to the dominions in which such
tribunals may be organized so far as the jurisdiction of said tribunals
may embrace matters now cognizable by the minister, consuls, or other
functionaries of the United States in said dominions, and to notify the
Government of the Sublime Porte, or that of Egypt, or either of them,
that the United States during such suspension will, as aforesaid, accept
for their citizens the jurisdiction of the tribunals aforesaid over
citizens of the United States which has heretofore been exercised by the
minister, consuls, or other functionaries of the United States.
And whereas satisfactory information has been received by me that the
Government of Egypt has organized other tribunals on a basis likely
to secure to citizens of the United States in the dominions subject
to such Government the impartial justice which they now enjoy there
under the judicial functions exercised by the minister, consul, or other
functionaries of the United States pursuant to the said act of Congress
approved June 22, 1860:
Now, therefore, I, Ulysses S. Grant, President of the United States of
America, by virtue of the power and authority conferred upon me by the
said act approved March 23, 1874, do hereby suspend during the pleasure
of the President the operation of the said act approved June 22, 1860,
as to the said dominions subject to the Government of Egypt in which
such tribunals have been organized, so far as the jurisdiction of said
tribunals may embrace matters now cognizable by the minister, consuls,
or other functionaries of the United States in said dominions, except
as to cases actually commenced before the date hereof.
In witness whereof I have hereunto set my hand and caused the seal of
the United States to be affixed.
[SEAL.]
Done at the city of Washington, this 27th day of March, A.D. 1876, and
of the Independence of the United States of America the one hundredth.
U.S. GRANT.
By the President:
HAMILTON FISH,
_Secretary of State_.
BY THE PRESIDENT OF THE UNITED STATES.
A PROCLAMATION.
Whereas a joint resolution of the Senate and House of Representatives of
the United States was duly approved on the 13th day of March last, which
resolution is as follows:
_Be it resolved by the Senate and House of Representatives of the
United States of America in Congress assembled_, That it be, and is
hereby, recommended by the Senate and House of Representatives to
the people of the several States that they assemble in their several
counties or towns on the approaching centennial anniversary of our
national independence, and that they cause to have delivered on such
day an historical sketch of said county or town from its formation,
and that a copy of said sketch may be filed, in print or manuscript,
in the clerk's office of said county, and an additional copy, in print
or manuscript, be filed in the office of the Librarian of Congress,
to the intent that a complete record may thus be obtained of the
progress of our institutions during the first centennial of their
existence.
And whereas it is deemed proper that such recommendation be brought to
the notice and knowledge of the people of the United States:
Now, therefore, I, Ulysses S. Grant, President of the United States, do
hereby declare and make known the same, in the hope that the object of
such resolution may meet the approval of the people of the United States
and that proper steps may be taken to carry the same into effect.
[SEAL.]
Given under my hand, at the city of Washington, the 25th day of May,
A.D. 1876, and of the Independence of the United States the one
hundredth.
U.S. GRANT.
By the President:
HAMILTON FISH,
_Secretary of State_.
BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
A PROCLAMATION.
The centennial anniversary of the day on which the people of the United
States declared their right to a separate and equal station among the
powers of the earth seems to demand an exceptional observance.
The founders of the Government, at its birth and in its feebleness,
invoked the blessings and the protection of a Divine Providence, and
the thirteen colonies and three millions of people have expanded into
a nation of strength and numbers commanding the position which then was
asserted and for which fervent prayers were then offered.
It seems fitting that on the occurrence of the hundredth anniversary of
our existence as a nation a grateful acknowledgment should be made to
Almighty God for the protection and the bounties which He has vouchsafed
to our beloved country.
I therefore invite the good people of the United States, on the
approaching 4th day of July, in addition to the usual observances with
which they are accustomed to greet the return of the day, further,
in such manner and at such time as in their respective localities and
religious associations may be most convenient, to mark its recurrence
by some public religious and devout thanksgiving to Almighty God for
the blessings which have been bestowed upon us as a nation during the
century of our existence, and humbly to invoke a continuance of His
favor and of His protection.
In witness whereof I have hereunto set my hand and caused the seal of
the United States to be affixed.
[SEAL.]
Done at the city of Washington, this 26th day of June, A.D. 1876, and of
the Independence of the United States of America the one hundredth.
U.S. GRANT.
By the President:
HAMILTON FISH,
_Secretary of State_.
BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
A PROCLAMATION.
Whereas the Congress of the United States did, by an act approved on the
3d day of March, 1875, authorize the inhabitants of the Territory of
Colorado to form for themselves out of said Territory a State government
with the name of the State of Colorado, and for the admission of such
State into the Union on an equal footing with the original States upon
certain conditions in said act specified; and
Whereas it was provided by said act of Congress that the convention
elected by the people of said Territory to frame a State constitution
should, when assembled for that purpose and after organization, declare
on behalf of the people that they adopt the Constitution of the United
States, and should also provide by an ordinance, irrevocable without
the consent of the United States and the people of said State, that
perfect toleration of religious sentiment shall be secured and that no
inhabitant of said State shall ever be molested in person or property
on account of his or her mode of religious worship, and that the people
inhabiting said Territory do agree and declare that they forever
disclaim all right and title to the unappropriated public lands lying
within said Territory and that the same shall be and remain at the
sole and entire disposition of the United States, and that the lands
belonging to citizens of the United States residing without the said
State shall never be taxed higher than the lands belonging to residents
thereof, and that no taxes shall be imposed by the State on lands or
property therein belonging to or which may hereafter be purchased by
the United States; and
Whereas it was further provided by said act that the constitution
thus formed for the people of the Territory of Colorado should, by an
ordinance of the convention forming the same, be submitted to the people
of said Territory for ratification or rejection at an election to be
held in the month of July, 1876, at which election the lawful voters
of said new State should vote directly for or against the proposed
constitution, and the returns of said election should be made to the
acting governor of the Territory, who, with the chief justice and United
States attorney of said Territory, or any two of them, should canvass
the same, and, if a majority of legal votes should be cast for said
constitution in said proposed State the said acting governor should
certify the same to the President of the United States, together with
a copy of said constitution and ordinances, whereupon it should be the
duty of the President of the United States to issue his proclamation
declaring the State admitted into the Union on an equal footing with
the original States, without any further action whatever on the part
of Congress; and
Whereas it has been certified to me by the acting governor of said
Territory of Colorado that within the time prescribed by said act of
Congress a constitution for said proposed State has been adopted and the
same ratified by a majority of the legal voters of said proposed new
State, in accordance with the conditions prescribed by said act of
Congress; and
Whereas a duly authenticated copy of said constitution and of the
declaration and ordinance required by said act has been received by me:
Now, therefore, I, Ulysses S. Grant, President of the United States of
America, do, in accordance with the provisions of the act of Congress
aforesaid, declare and proclaim the fact that the fundamental conditions
imposed by Congress on the State of Colorado to entitle that State to
admission to the Union have been ratified and accepted, and that the
admission of the said State into the Union is now complete.
In testimony whereof I have hereunto set my hand and have caused the
seal of the United States to be affixed.
[SEAL.]
Done at the city of Washington, this 1st day of August, A.D. 1876, and
of the Independence of the United States of America the one hundred and
first.
U.S. GRANT.
By the President:
HAMILTON FISH,
_Secretary of State_.
BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
A PROCLAMATION.
Whereas by Article V of a convention concluded at Washington upon the
30th day of January, 1875, between the United States of America and His
Majesty the King of the Hawaiian Islands it was provided as follows,
viz:
The present convention shall take effect as soon as it shall have been
approved and proclaimed by His Majesty the King of the Hawaiian Islands
and shall have been ratified and duly proclaimed on the part of the
Government of the United States, but not until a law to carry it into
operation shall have been passed by the Congress of the United States
of America. Such assent having been given and the ratifications of
the convention having been exchanged as provided in Article VI, the
convention shall remain in force for seven years from the date at which
it may come into operation, and, further, until the expiration of twelve
months after either of the high contracting parties shall give notice
to the other of its wish to terminate the same, each of the high
contracting parties being at liberty to give such notice to the other
at the end of the said term of seven years or at any time thereafter.
And whereas such convention has been approved and proclaimed by His
Majesty the King of the Hawaiian Islands and has been ratified and duly
proclaimed on the part of the United States, and a law to carry the same
into operation has been passed by the Congress of the United States, and
the ratifications of the convention have been exchanged as provided in
Article VI thereof; and
Whereas the Acting Secretary of State of the United States and His
Majesty's envoy extraordinary and minister plenipotentiary at Washington
have recorded in a protocol a conference held by them at Washington on
the 9th day of September, 1876, in the following language:
Whereas it is provided by Article V of the convention between the United
States of America and His Majesty the King of the Hawaiian Islands
concerning commercial reciprocity, signed at Washington on the 30th day
of January, 1875, as follows:
"Art. V. The present convention shall take effect as soon as it shall
have been approved and proclaimed by His Majesty the King of the
Hawaiian Islands and shall have been ratified and duly proclaimed on
the part of the Government of the United States, but not until the law
to carry it into operation shall have been passed by the Congress of
the United States of America. Such assent having been given and the
ratifications of the convention having been exchanged as provided in
Article VI, the convention shall remain in force for seven years from
the date at which it may come into operation, and, further, until the
expiration of twelve months after either of the high contracting parties
shall give notice to the other of its wish to terminate the same, each
of the high contracting parties being at liberty to give such notice to
the other at the end of the said term of seven years or at any time
thereafter;" and
Whereas the said convention has been approved and proclaimed by His
Majesty the King of the Hawaiian Islands, and has been ratified and duly
proclaimed on the part of the Government of the United States; and
Whereas an act was passed by the Senate and House of Representatives of
the United States of America in Congress assembled, entitled "An act to
carry into effect a convention between the United States of America and
His Majesty the King of the Hawaiian Islands signed on the 30th day of
January, 1875," which was approved on the 15th day of August, in the
year 1876; and
Whereas an act was passed by the Legislative Assembly of the Hawaiian
Islands entitled "An act to carry into effect a convention between His
Majesty the King and the United States of America signed at Washington
on the 30th day of January; 1875," which was duly approved on the 18th
day of July, in the year 1876; and
Whereas the ratifications of the said convention have been exchanged as
provided in Article VI:
The undersigned, William Hunter, Acting Secretary of State of the
United States of America, and the Hon. Elisha H. Allen, chief justice
of the supreme court, chancellor of the Kingdom, member of the privy
council of state, and His Majesty's envoy extraordinary and minister
plenipotentiary to the United States of America, duly authorized for
this purpose by their respective Governments, have met together at
Washington, and, having found the said convention has been approved and
proclaimed by His Majesty the King of the Hawaiian Islands and has been
ratified and duly proclaimed on the part of the Government of the United
States, and that the laws required to carry the said treaty into
operation have been passed by the Congress of the United States of
America on the one part and by the Legislative Assembly of the Hawaiian
Islands on the other, hereby declare that the convention aforesaid,
concluded between the United States of America and His Majesty the King
of the Hawaiian Islands on the 30th day of January, 1875, will take
effect on the date hereof.
Now, therefore, I, Ulysses S. Grant, President of the United States
of America, in pursuance of the premises, do declare that the said
convention has been approved and proclaimed by His Majesty the King
of the Hawaiian Islands and been ratified and duly proclaimed on the
part of the Government of the United States, and that the necessary
legislation has been passed to carry the same into effect, and that the
ratifications of the convention have been exchanged as provided in
Article VI.
In testimony whereof I have hereunto set my hand and caused the seal of
the United States to be affixed.
[SEAL.]
Done in the city of Washington, this 9th day of September, A.D. 1876,
and of the Independence of the United States of America the one hundred
and first.
U.S. GRANT.
By the President:
W. HUNTER,
_Acting Secretary of State_.
BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
A PROCLAMATION.
Whereas it has been satisfactorily shown to me that insurrection and
domestic violence exist in several counties of the State of South
Carolina, and that certain combinations of men against law exist in
many counties of said State known as "rifle clubs," who ride up and
down by day and night in arms, murdering some peaceable citizens and
intimidating others, which combinations, though forbidden by the laws of
the State, can not be controlled or suppressed by the ordinary course of
justice; and
Whereas it is provided in the Constitution of the United States that the
United States shall protect every State in this Union, on application of
the legislature, or of the executive (when the legislature can not be
convened), against domestic violence; and
Whereas by laws in pursuance of the above it is provided (in the laws of
the United States) that in all cases of insurrection in any State or of
obstruction to the laws thereof it shall be lawful for the President of
the United States, on application of the legislature of such State, or
of the executive (when the legislature can not be convened), to call
forth the militia of any other State or States, or to employ such part
of the land and naval forces as shall be judged necessary, for the
purpose of suppressing such insurrection or causing the laws to be duly
executed; and
Whereas the legislature of said State is not now in session and can not
be convened in time to meet the present emergency and the executive of
said State, under section 4 of Article IV of the Constitution of the
United States and the laws passed in pursuance thereof, has therefore
made due application to me in the premises for such part of the military
force of the United States as may be necessary and adequate to protect
said State and the citizens thereof against domestic violence and to
enforce the due execution of the laws; and
Whereas it is required that whenever it may be necessary, in the
judgment of the President, to use the military force for the purpose
aforesaid, he shall forthwith, by proclamation, command such insurgents
to disperse and retire peaceably to their respective homes within a
limited time:
Now, therefore, I, Ulysses S. Grant, President of the United States,
do hereby make proclamation and command all persons engaged in said
unlawful and insurrectionary proceedings to disperse and retire
peaceably to their respective abodes within three days from this date,
and hereafter abandon said combinations and submit themselves to the
laws and constituted authorities of said State.
And I invoke the aid and cooperation of all good citizens thereof to
uphold the laws and preserve the public peace.
In witness whereof I have hereunto set my hand and caused the seal of
the United States to be affixed.
[SEAL.]
Done at the city of Washington, this 17th day of October, A.D. 1876, and
of the Independence of the United States one hundred and one.
U.S. GRANT.
By the President:
JOHN L. CADWALADER,
_Acting Secretary of State_.
BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
A PROCLAMATION.
From year to year we have been accustomed to pause in our daily pursuits
and set apart a time to offer our thanks to Almighty God for the special
blessings He has vouchsafed to us, with our prayers for a continuance
thereof.
We have at this time equal reason to be thankful for His continued
protection and for the many material blessings which His bounty has
bestowed.
In addition to these favors accorded to us as individuals, we have
especial occasion to express our hearty thanks to Almighty God that by
His providence and guidance our Government, established a century ago,
has been enabled to fulfill the purpose of its founders in offering an
asylum to the people of every race, securing civil and religious liberty
to all within its borders, and meting out to every individual alike
justice and equality before the law.
It is, moreover, especially our duty to offer our humble prayers to the
Father of All Mercies for a continuance of His divine favor to us as a
nation and as individuals.
By reason of all these considerations, I, Ulysses S. Grant, President of
the United States, do recommend to the people of the United States to
devote the 30th day of November next to the expression of their thanks
and prayers to Almighty God, and, laying aside their daily avocations
and all secular occupations, to assemble in their respective places of
worship and observe such day as a day of thanksgiving and rest.
In witness whereof I have hereunto set my hand and caused the seal of
the United States to be affixed.
[SEAL.]
Done at the city of Washington, this 26th day of October, A.D. 1876, and
of the Independence of the United States of America the one hundred and
first.
U.S. GRANT.
By the President:
HAMILTON FISH,
_Secretary of State_.
EXECUTIVE ORDERS.
EXECUTIVE MANSION, _Washington, May 20, 1876_.
SIR:[114] The President directs me to say that the several Departments of
the Government will be closed on Tuesday, the 30th instant, to enable the
employees to participate in the decoration of the graves of the soldiers
who fell during the rebellion.
I am, sir, your obedient servant,
C.C. SNIFFEN, _Secretary_.
[Footnote 114: Addressed to the heads of the Executive Departments, etc.]
WAR DEPARTMENT, _Washington City, August 10, 1876_.
By direction of the President, General W.T. Sherman and
Brigadier-General M.C. Meigs, Quartermaster-General United States Army,
are appointed members of the commission to examine "the whole subject of
reform and reorganization of the Army of the United States," as provided
by section 4, act approved July 24, 1876, "making appropriations for the
support of the Army for the fiscal year ending June 30, 1877, and for
other purposes."
J.D. CAMERON, _Secretary of War_.
WASHINGTON, _August 21, 1876_.
It is with extreme pain that the President announces to the
people of the United States the death of the Speaker of the House
of Representatives, the Hon. Michael C. Kerr, of Indiana.
A man of great intellectual endowments, large culture, great probity and
earnestness in his devotion to the public interests, has passed from the
position, power, and usefulness to which he had been recently called.
The body over which he had been selected to preside not being in
session to render its tribute of affection and respect to the memory of
the deceased, the President invites the people of the United States to a
solemn recognition of the public and private worth and the services of a
pure and eminent character.
U.S. GRANT.
By the President:
JOHN L. CADWALADER,
_Acting Secretary of State_.
EXECUTIVE MANSION, _November 23, 1876_.
A joint resolution adopted by Congress August 5, 1876, declares that--
Whereas it is ascertained that the hostile Indians of the Northwest are
largely equipped with arms which require special metallic cartridges,
and that such special ammunition is in large part supplied to such
hostile Indians, directly or indirectly, through traders and others in
the Indian country: Therefore,
_Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled_, That the President of the
United States is hereby authorized and requested to take such measures
as in his judgment may be necessary to prevent such special metallic
ammunition being conveyed to such hostile Indians, and is further
authorized to declare the same contraband of war in such district of
country as he may designate during the continuance of hostilities.
To carry into effect the above-cited resolution, the sale of fixed
ammunition or metallic cartridges by any trader or other person in
any district of the Indian country occupied by hostile Indians, or
over which they roam, is hereby prohibited; and all such ammunition or
cartridges introduced into said country by traders or other persons,
and that are liable in any way or manner, directly or indirectly, to
be received by such hostile Indians, shall be deemed contraband of war,
seized by any military officer and confiscated; and the district of
country to which this prohibition shall apply during the continuance
of hostilities is hereby designated as that which embraces all Indian
country, or country occupied by Indians or subject to their visits,
lying within the Territories of Montana, Dakota, and Wyoming and the
States of Nebraska and Colorado.
U.S. GRANT.
EIGHTH ANNUAL MESSAGE.
EXECUTIVE MANSION, _December 5, 1876_.
_To the Senate and House of Representatives_:
In submitting my eighth and last annual message to Congress it seems
proper that I should refer to and in some degree recapitulate the events
and official acts of the past eight years.
It was my fortune, or misfortune, to be called to the office of Chief
Executive without any previous political training. From the age of 17
I had never even witnessed the excitement attending a Presidential
campaign but twice antecedent to my own candidacy, and at but one of
them was I eligible as a voter.
Under such circumstances it is but reasonable to suppose that
errors of judgment must have occurred. Even had they not, differences
of opinion between the Executive, bound by an oath to the strict
performance of his duties, and writers and debaters must have arisen.
It is not necessarily evidence of blunder on the part of the Executive
because there are these differences of views. Mistakes have been made,
as all can see and I admit, but it seems to me oftener in the selections
made of the assistants appointed to aid in carrying out the various
duties of administering the Government--in nearly every case selected
without a personal acquaintance with the appointee, but upon
recommendations of the representatives chosen directly by the people.
It is impossible, where so many trusts are to be allotted, that the
right parties should be chosen in every instance. History shows that no
Administration from the time of Washington to the present has been free
from these mistakes. But I leave comparisons to history, claiming only
that I have acted in every instance from a conscientious desire to do
what was right, constitutional, within the law, and for the very best
interests of the whole people. Failures have been errors of judgment,
not of intent.
My civil career commenced, too, at a most critical and difficult time.
Less than four years before, the country had emerged from a conflict
such as no other nation had ever survived. Nearly one-half of the States
had revolted against the Government, and of those remaining faithful
to the Union a large percentage of the population sympathized with the
rebellion and made an "enemy in the rear" almost as dangerous as the
more honorable enemy in the front. The latter committed errors of
judgment, but they maintained them openly and courageously; the former
received the protection of the Government they would see destroyed, and
reaped all the pecuniary advantage to be gained out of the then existing
state of affairs, many of them by obtaining contracts and by swindling
the Government in the delivery of their goods.
Immediately on the cessation of hostilities the then noble President,
who had carried the country so far through its perils, fell a martyr
to his patriotism at the hands of an assassin.
The intervening time to my first inauguration was filled up with
wranglings between Congress and the new Executive as to the best mode
of "reconstruction," or, to speak plainly, as to whether the control
of the Government should be thrown immediately into the hands of those
who had so recently and persistently tried to destroy it, or whether
the victors should continue to have an equal voice with them in this
control. Reconstruction, as finally agreed upon, means this and only
this, except that the late slave was enfranchised, giving an increase,
as was supposed, to the Union-loving and Union-supporting votes. If
_free_ in the full sense of the word, they would not disappoint this
expectation. Hence at the beginning of my first Administration the
work of reconstruction, much embarrassed by the long delay, virtually
commenced. It was the work of the legislative branch of the Government.
My province was wholly in approving their acts, which I did most
heartily, urging the legislatures of States that had not yet done so
to ratify the fifteenth amendment to the Constitution. The country
was laboring under an enormous debt, contracted in the suppression of
rebellion, and taxation was so oppressive as to discourage production.
Another danger also threatened us--a foreign war. The last difficulty
had to be adjusted, and was adjusted without a war and in a manner
highly honorable to all parties concerned. Taxes have been reduced
within the last seven years nearly $300,000,000, and the national debt
has been reduced in the same time over $435,000,000. By refunding
the 6 per cent bonded debt for bonds bearing 5 and 4-1/2 per cent
interest, respectively, the annual interest has been reduced from over
$130,000,000 in 1869 to but little over $100,000,000 in 1876. The
balance of trade has been changed from over $130,000,000 against the
United States in 1869 to more than $120,000,000 in our favor in 1876.
It is confidently believed that the balance of trade in favor of the
United States will increase, not diminish, and that the pledge of
Congress to resume specie payments in 1879 will be easily accomplished,
even in the absence of much-desired further legislation on the subject.
A policy has been adopted toward the Indian tribes inhabiting a large
portion of the territory of the United States which has been humane and
has substantially ended Indian hostilities in the whole land except in a
portion of Nebraska, and Dakota, Wyoming, and Montana Territories--the
Black Hills region and approaches thereto. Hostilities there have grown
out of the avarice of the white man, who has violated our treaty
stipulations in his search for gold. The question might be asked why
the Government has not enforced obedience to the terms of the treaty
prohibiting the occupation of the Black Hills region by whites. The
answer is simple: The first immigrants to the Black Hills were removed
by troops, but rumors of rich discoveries of gold took into that region
increased numbers. Gold has actually been found in paying quantity,
and an effort to remove the miners would only result in the desertion
of the bulk of the troops that might be sent there to remove them. All
difficulty in this matter has, however, been removed--subject to the
approval of Congress--by a treaty ceding the Black Hills and approaches
to settlement by citizens.
The subject of Indian policy and treatment is so fully set forth by the
Secretary of the Interior and the Commissioner of Indian Affairs, and my
views so fully expressed therein, that I refer to their reports and
recommendations as my own.
The relations of the United States with foreign powers continue on a
friendly footing.
Questions have arisen from time to time in the foreign relations of the
Government, but the United States have been happily free during the past
year from the complications and embarrassments which have surrounded
some of the foreign powers.
The diplomatic correspondence submitted herewith contains information as
to certain of the matters which have occupied the Government.
The cordiality which attends our relations with the powers of the earth
has been plainly shown by the general participation of foreign nations
in the exhibition which has just closed and by the exertions made by
distant powers to show their interest in and friendly feelings toward
the United States in the commemoration of the centennial of the nation.
The Government and people of the United States have not only fully
appreciated this exhibition of kindly feeling, but it may be justly and
fairly expected that no small benefits will result both to ourselves and
other nations from a better acquaintance, and a better appreciation of
our mutual advantages and mutual wants.
Congress at its last session saw fit to reduce the amount usually
appropriated for foreign intercourse by withholding appropriations for
representatives of the United States in certain foreign countries and
for certain consular officers, and by reducing the amounts usually
appropriated for certain other diplomatic posts, and thus necessitating
a change in the grade of the representatives. For these reasons,
immediately upon the passage of the bill making appropriations for
the diplomatic and consular service for the present fiscal year,
instructions were issued to the representatives of the United States at
Bolivia, Ecuador, and Colombia, and to the consular officers for whom no
appropriation had been made, to close their respective legations and
consulates and cease from the performance of their duties; and in like
manner steps were immediately taken to substitute chargés d'affaires
for ministers resident in Portugal, Denmark, Greece, Switzerland, and
Paraguay.
While thoroughly impressed with the wisdom of sound economy in the
foreign service, as in other branches of the Government, I can not
escape the conclusion that in some instances the withholding of
appropriations will prove an expensive economy, and that the small
retrenchment secured by a change of grade in certain diplomatic posts is
not an adequate consideration for the loss of influence and importance
which will attend our foreign representatives under this reduction. I am
of the opinion that a reexamination of the subject will cause a change
in some instances in the conclusions reached on these subjects at the
last session of Congress.
The Court of Commissioners of Alabama Claims, whose functions were
continued by an act of the last session of Congress until the 1st day
of January, 1877, has carried on its labors with diligence and general
satisfaction. By a report from the clerk of the court, transmitted
herewith, bearing date November 14, 1876, it appears that within the
time now allowed by law the court will have disposed of all the claims
presented for adjudication. This report also contains a statement of the
general results of the labors of the court to the date thereof. It is a
cause of satisfaction that the method adopted for the satisfaction of
the classes of claims submitted to the court, which are of long standing
and justly entitled to early consideration, should have proved
successful and acceptable.
It is with satisfaction that I am enabled to state that the work of the
joint commission for determining the boundary line between the United
States and British possessions from the northwest angle of the Lake of
the Woods to the Rocky Mountains, commenced in 1872, has been completed.
The final agreements of the commissioners, with the maps, have been duly
signed, and the work of the commission is complete.
The fixing of the boundary upon the Pacific coast by the protocol of
March 10, 1873, pursuant to the award of the Emperor of Germany by
Article XXXIV of the treaty of Washington, with the termination of the
work of this commission, adjusts and fixes the entire boundary between
the United States and the British possessions, except as to the portion
of territory ceded by Russia to the United States under the treaty of
1867. The work intrusted to the commissioner and the officers of the
Army attached to the commission has been well and satisfactorily
performed. The original of the final agreement of the commissioners,
signed upon the 29th of May, 1876, with the original official "lists
of astronomical stations observed," the original official "list of
monuments marking the international boundary line," and the maps,
records, and general reports relating to the commission, have been
deposited in the Department of State. The official report of the
commissioner on the part of the United States, with the report of the
chief astronomer of the United States, will be submitted to Congress
within a short time.
I reserve for a separate communication to Congress a statement of the
condition of the questions which lately arose with Great Britain
respecting the surrender of fugitive criminals under the treaty of 1842.
The Ottoman Government gave notice, under date of January 15, 1874,
of its desire to terminate the treaty of 1862, concerning commerce and
navigation, pursuant to the provisions of the twenty-second article
thereof. Under this notice the treaty terminated upon the 5th day of
June, 1876. That Government has invited negotiations toward the
conclusion of a new treaty.
By the act of Congress of March 23, 1874, the President was authorized,
when he should receive satisfactory information that the Ottoman
Government or that of Egypt had organized new tribunals likely to secure
to citizens of the United States the same impartial justice enjoyed
under the exercise of judicial functions by diplomatic and consular
officers of the United States, to suspend the operation of the act of
June 22, 1860, and to accept for citizens of the United States the
jurisdiction of the new tribunals. Satisfactory information having been
received of the organization of such new tribunals in Egypt, I caused a
proclamation[115] to be issued upon the 27th of March last, suspending
the operation of the act of June 22, 1860, in Egypt, according to the
provisions of the act. A copy of the proclamation accompanies this
message. The United States has united with the other powers in the
organization of these courts. It is hoped that the jurisdictional
questions which have arisen may be readily adjusted, and that this
advance in judicial reform may be hindered by no obstacles.
The necessary legislation to carry into effect the convention respecting
commercial reciprocity concluded with the Hawaiian Islands in 1875
having been had, the proclamation to carry into effect the convention,
as provided by the act approved August 15, 1876, was duly issued upon
the 9th day of September last. A copy thereof accompanies this
message.[116]
The commotions which have been prevalent in Mexico for some time past,
and which, unhappily, seem to be net yet wholly quieted, have led to
complaints of citizens of the United States of injuries by persons in
authority. It is hoped, however, that these will ultimately be adjusted
to the satisfaction of both Governments. The frontier of the United
States in that quarter has not been exempt from acts of violence by
citizens of one Republic on those of the other. The frequency of these
is supposed to be increased and their adjustment made more difficult
by the considerable changes in the course of the lower part of the
Rio Grande River, which river is a part of the boundary between the
two countries. These changes have placed on either side of that
river portions of land which by existing conventions belong to the
jurisdiction of the Government on the opposite side of the river.
The subject of adjustment of this cause of difficulty is under
consideration between the two Republics.
The Government of the United States of Colombia has paid the award
in the case of the steamer _Montijo_, seized by authorities of that
Government some years since, and the amount has been transferred to the
claimants.
It is with satisfaction that I am able to announce that the joint
commission for the adjustment of claims between the United States and
Mexico under the convention of 1868, the duration of which has been
several times extended, has brought its labors to a close. From the
report of the agent of the United States, which accompanies the papers
transmitted herewith, it will be seen that within the time limited by
the commission 1,017 claims on the part of citizens of the United States
against Mexico were referred to the commission. Of these claims 831 were
dismissed or disallowed, and in 186 cases awards were made in favor of
the claimants against the Mexican Republic, amounting in the aggregate
to $4,125,622.20. Within the same period 998 claims on the part of
citizens of the Mexican Republic against the United States were referred
to the commission. Of these claims 831 were dismissed or disallowed, and
in 167 cases awards were made in favor of the claimants against the
United States, amounting in the aggregate to $150,498.41.
By the terms of the convention the amount of these awards is to be
deducted from the amount awarded in favor of our citizens against
Mexico, and the balance only to be paid by Mexico to the United States,
leaving the United States to make provision for this proportion of the
awards in favor of its own citizens.
I invite your attention to the legislation which will be necessary to
provide for the payment.
In this connection I am pleased to be able to express the
acknowledgments due to Sir Edward Thornton, the umpire of the
commission, who has given to the consideration of the large number of
claims submitted to him much time, unwearied patience, and that firmness
and intelligence which are well known to belong to the accomplished
representative of Great Britain, and which are likewise recognized by
the representative in this country of the Republic of Mexico.
Monthly payments of a very small part of the amount due by the
Government of Venezuela to citizens of the United States on account of
claims of the latter against that Government continue to be made with
reasonable punctuality. That Government has proposed to change the
system which it has hitherto pursued in this respect by issuing bonds
for part of the amount of the several claims. The proposition, however,
could not, it is supposed, properly be accepted, at least without the
consent of the holders of certificates of the indebtedness of Venezuela.
These are so much dispersed that it would be difficult, if not
impossible, to ascertain their disposition on the subject.
In former messages I have called the attention of Congress to the
necessity of legislation with regard to fraudulent naturalization and to
the subject of expatriation and the election of nationality.
The numbers of persons of foreign birth seeking a home in the United
States, the ease and facility with which the honest emigrant may, after
the lapse of a reasonable time, become possessed of all the privileges
of citizenship of the United States, and the frequent occasions which
induce such adopted citizens to return to the country of their birth
render the subject of naturalization and the safeguards which experience
has proved necessary for the protection of the honest naturalized
citizen of paramount importance. The very simplicity in the requirements
of law on this question affords opportunity for fraud, and the want of
uniformity in the proceedings and records of the various courts and in
the forms of the certificates of naturalization issued affords a
constant source of difficulty.
I suggest no additional requirements to the acquisition of citizenship
beyond those now existing, but I invite the earnest attention of
Congress to the necessity and wisdom of some provisions regarding
uniformity in the records and certificates, and providing against the
frauds which frequently take place and for the vacating of a record of
naturalization obtained in fraud.
These provisions are needed in aid and for the protection of the honest
citizen of foreign birth, and for the want of which he is made to suffer
not infrequently. The United States has insisted upon the right of
expatriation, and has obtained, after a long struggle, an admission
of the principle contended for by acquiescence therein on the part of
many foreign powers and by the conclusion of treaties on that subject.
It is, however, but justice to the government to which such naturalized
citizens have formerly owed allegiance, as well as to the United States,
that certain fixed and definite rules should be adopted governing such
cases and providing how expatriation may be accomplished.
While emigrants in large numbers become citizens of the United States,
it is also true that persons, both native born and naturalized, once
citizens of the United States, either by formal acts or as the effect of
a series of facts and circumstances, abandon their citizenship and cease
to be entitled to the protection of the United States, but continue on
convenient occasions to assert a claim to protection in the absence of
provisions on these questions.
And in this connection I again invite your attention to the necessity
of legislation concerning the marriages of American citizens contracted
abroad, and concerning the status of American women who may marry
foreigners and of children born of American parents in a foreign
country.
The delicate and complicated questions continually occurring with
reference to naturalization, expatriation, and the status of such
persons as I have above referred to induce me to earnestly direct your
attention again to these subjects.
In like manner I repeat my recommendation that some means be provided
for the hearing and determination of the just and subsisting claims of
aliens upon the Government of the United States within a reasonable
limitation, and of such as may hereafter arise. While by existing
provisions of law the Court of Claims may in certain cases be resorted
to by an alien claimant, the absence of any general provisions governing
all such cases and the want of a tribunal skilled in the disposition of
such cases upon recognized fixed and settled principles, either provides
no remedy in many deserving cases or compels a consideration of such
claims by Congress or the executive department of the Government.
It is believed that other governments are in advance of the United
States upon this question, and that the practice now adopted is entirely
unsatisfactory.
Congress, by an act approved the 3d day of March, 1875, authorized the
inhabitants of the Territory of Colorado to form a State government,
with the name of the State of Colorado, and therein provided for the
admission of said State, when formed, into the Union upon an equal
footing with the original States.
A constitution having been adopted and ratified by the people of that
State, and the acting governor having certified to me the facts as
provided by said act, together with a copy of such constitution and
ordinances as provided for in the said act, and the provisions of
the said act of Congress having been duly complied with, I issued
a proclamation[117] upon the 1st of August, 1876, a copy of which is
hereto annexed.
The report of the Secretary of War shows that the Army has been actively
employed during the year in subduing, at the request of the Indian
Bureau, certain wild bands of the Sioux Indian Nation and in preserving
the peace at the South during the election. The commission constituted
under the act of July 24, 1876, to consider and report on the "whole
subject of the reform and reorganization of the Army" met in August
last, and has collected a large mass of statistics and opinions bearing
on the subject before it. These are now under consideration, and their
report is progressing. I am advised, though, by the president of the
commission that it will be impracticable to comply with the clause of
the act requiring the report to be presented, through me, to Congress
on the first day of this session, as there has not yet been time for
that mature deliberation which the importance of the subject demands.
Therefore I ask that the time of making the report be extended to the
29th day of January, 1877.
In accordance with the resolution of August 15, 1876, the Army
regulations prepared under the act of March 1, 1875, have not been
promulgated, but are held until after the report of the above-mentioned
commission shall have been received and acted on.
By the act of August 15, 1876, the cavalry force of the Army was
increased by 2,500 men, with the proviso that they should be discharged
on the expiration of hostilities. Under this authority the cavalry
regiments have been strengthened, and a portion of them are now in the
field pursuing the remnants of the Indians with whom they have been
engaged during the summer.
The estimates of the War Department are made up on the basis of the
number of men authorized by law, and their requirements as shown by
years of experience, and also with the purpose on the part of the bureau
officers to provide for all contingencies that may arise during the
time for which the estimates are made. Exclusive of engineer estimates
(presented in accordance with acts of Congress calling for surveys and
estimates for improvements at various localities), the estimates now
presented are about six millions in excess of the appropriations for the
years 1874-75 and 1875-76. This increase is asked in order to provide
for the increased cavalry force (should their services be necessary),
to prosecute economically work upon important public buildings, to
provide for armament of fortifications and manufacture of small arms,
and to replenish the working stock in the supply departments. The
appropriations for these last named have for the past few years been
so limited that the accumulations in store will be entirely exhausted
during the present year, and it will be necessary to at once begin to
replenish them.
I invite your special attention to the following recommendations of the
Secretary of War:
First. That the claims under the act of July 4, 1864, for supplies
taken by the Army during the war be removed from the offices of the
Quartermaster and Commissary Generals and transferred to the Southern
Claims Commission. These claims are of precisely similar nature to those
now before the Southern Claims Commission, and the War Department
bureaus have not the clerical force for their examination nor proper
machinery for investigating the loyalty of the claimants.
Second. That Congress sanction the scheme of an annuity fund for the
benefit of the families of deceased officers, and that it also provide
for the permanent organization of the Signal Service, both of which were
recommended in my last annual message.
Third. That the manufacturing operations of the Ordnance Department be
concentrated at three arsenals and an armory, and that the remaining
arsenals be sold and the proceeds applied to this object by the Ordnance
Department.
The appropriations for river and harbor improvements for the current
year were $5,015,000. With my approval, the Secretary of War directed
that of this amount $2,000,000 should be expended, and no new works
should be begun and none prosecuted which were not of national
importance. Subsequently this amount was increased to $2,237,600, and
the works are now progressing on this basis.
The improvement of the South Pass of the Mississippi River, under James
B. Eads and his associates, is progressing favorably. At the present
time there is a channel of 20.3 feet in depth between the jetties at
the mouth of the pass and 18.5 feet at the head of the pass. Neither
channel, however, has the width required before payments can be made by
the United States. A commission of engineer officers is now examining
these works, and their reports will be presented as soon as received.
The report of the Secretary of the Navy shows that branch of the service
to be in condition as effective as it is possible to keep it with the
means and authority given the Department. It is, of course, not possible
to rival the costly and progressive establishments of great European
powers with the old material of our Navy, to which no increase has been
authorized since the war, except the eight small cruisers built to
supply the place of others which had gone to decay. Yet the most
has been done that was possible with the means at command; and by
substantially rebuilding some of our old ships with durable material and
completely repairing and refitting our monitor fleet the Navy has been
gradually so brought up that, though it does not maintain its relative
position among the progressive navies of the world, it is now in a
condition more powerful and effective than it ever has been in time of
peace.
The complete repairs of our five heavy ironclads are only delayed on
account of the inadequacy of the appropriations made last year for the
working bureaus of the Department, which were actually less in amount
than those made before the war, notwithstanding the greatly enhanced
price of labor and materials and the increase in the cost of the naval
service growing out of the universal use and great expense of steam
machinery. The money necessary for these repairs should be provided at
once, that they may be completed without further unnecessary delay and
expense.
When this is done, all the strength that there is in our Navy will be
developed and useful to its full capacity, and it will be powerful for
purposes of defense, and also for offensive action, should the necessity
for that arise within a reasonable distance from our shores.
The fact that our Navy is not more modern and powerful than it is has
been made a cause of complaint against the Secretary of the Navy by
persons who at the same time criticise and complain of his endeavors to
bring the Navy that we have to its best and most efficient condition;
but the good sense of the country will understand that it is really due
to his practical action that we have at this time any effective naval
force at command.
The report of the Postmaster-General shows the excess of expenditures
(excluding expenditures on account of previous years) over receipts for
the fiscal year ended June 30, 1876, to be $4,151,988.66.
Estimated expenditures for the fiscal year ending June 30, 1878, are
$36,723,432.43.
Estimated revenue for same period is $30,645,165, leaving estimated
excess of expenditure, to be appropriated as a deficiency, of
$6,078,267.43.
The Postmaster-General, like his predecessor, is convinced that a
change in the basis of adjusting the salaries of postmasters of the
fourth class is necessary for the good of the service as well as
for the interests of the Government, and urgently recommends that the
compensation of the class of postmasters above mentioned be based upon
the business of their respective offices, as ascertained from the sworn
returns to the Auditor of stamps canceled.
A few postmasters in the Southern States have expressed great
apprehension of their personal safety on account of their connection
with the postal service, and have specially requested that their reports
of apprehended danger should not be made public lest it should result in
the loss of their lives. But no positive testimony of interference has
been submitted, except in the case of a mail messenger at Spartanburg,
in South Carolina, who reported that he had been violently driven away
while in charge of the mails on account of his political affiliations.
An assistant superintendent of the Railway Mail Service investigated
this case and reported that the messenger had disappeared from his post,
leaving his work to be performed by a substitute. The Postmaster-General
thinks this case is sufficiently suggestive to justify him in
recommending that a more severe punishment should be provided for the
offense of assaulting any person in charge of the mails or of retarding
or otherwise obstructing them by threats of personal injury.
"A very gratifying result is presented in the fact that the
deficiency of this Department during the last fiscal year was reduced
to $4,081,790.18, as against $6,169,938.88 of the preceding year. The
difference can be traced to the large increase in its ordinary receipts
(which greatly exceed the estimates therefor) and a slight decrease in
its expenditures."
The ordinary _receipts_ of the Post-Office Department for the past seven
fiscal years have increased at an average of over 8 per cent per annum,
while the increase of _expenditures_ for the same period has been but
about 5.50 per cent per annum, and the _decrease_ of _deficiency_ in the
revenues has been at the rate of nearly 2 per cent per annum.
The report of the Commissioner of Agriculture accompanying this message
will be found one of great interest, marking, as it does, the great
progress of the last century in the variety of products of the soil;
increased knowledge and skill in the labor of producing, saving, and
manipulating the same to prepare them for the use of man; in the
improvements in machinery to aid the agriculturist in his labors,
and in a knowledge of those scientific subjects necessary to a thorough
system of economy in agricultural production, namely, chemistry,
botany, entomology, etc. A study of this report by those interested in
agriculture and deriving their support from it will find it of value in
pointing out those articles which are raised in greater quantity than
the needs of the world require, and must sell, therefore, for less than
the cost of production, and those which command a profit over cost of
production because there is not an overproduction.
I call special attention to the need of the Department for a new
gallery for the reception of the exhibits returned from the Centennial
Exhibition, including the exhibits donated by very many foreign nations,
and to the recommendations of the Commissioner of Agriculture generally.
The reports of the District Commissioners and the board of health are
just received--too late to read them and to make recommendations
thereon--and are herewith submitted.
The international exhibition held in Philadelphia this year, in
commemoration of the one hundredth anniversary of American independence,
has proven a great success, and will, no doubt, be of enduring advantage
to the country. It has shown the great progress in the arts, sciences,
and mechanical skill made in a single century, and demonstrated that we
are but little behind older nations in any one branch, while in some we
scarcely have a rival. It has served, too, not only to bring peoples and
products of skill and labor from all parts of the world together, but in
bringing together people from all sections of our own country, which
must prove a great benefit in the information imparted and pride of
country engendered.
It has been suggested by scientists interested in and connected with
the Smithsonian Institution, in a communication herewith, that the
Government exhibit be removed to the capital and a suitable building
be erected or purchased for its accommodation as a permanent exhibit.
I earnestly recommend this; and believing that Congress would second
this view, I directed that all Government exhibits at the Centennial
Exhibition should remain where they are, except such as might be injured
by remaining in a building not intended as a protection in inclement
weather, or such as may be wanted by the Department furnishing them,
until the question of permanent exhibition is acted on.
Although the moneys appropriated by Congress to enable the participation
of the several Executive Departments in the International Exhibition
of 1876 were not sufficient to carry out the undertaking to the full
extent at first contemplated, it gives me pleasure to refer to the
very efficient and creditable manner in which the board appointed from
these several Departments to provide an exhibition on the part of the
Government have discharged their duties with the funds placed at their
command. Without a precedent to guide them in the preparation of such a
display, the success of their labors was amply attested by the sustained
attention which the contents of the Government building attracted during
the period of the exhibition from both foreign and native visitors.
I am strongly impressed with the value of the collection made by the
Government for the purposes of the exhibition, illustrating, as it does,
the mineral resources of the country, the statistical and practical
evidences of our growth as a nation, and the uses of the mechanical arts
and the applications of applied science in the administration of the
affairs of Government.
Many nations have voluntarily contributed their exhibits to the United
States to increase the interest in any permanent exhibition Congress may
provide for. For this act of generosity they should receive the thanks
of the people, and I respectfully suggest that a resolution of Congress
to that effect be adopted.
The attention of Congress can not be too earnestly called to the
necessity of throwing some greater safeguard over the method of
choosing and declaring the election of a President. Under the present
system there seems to be no provided remedy for contesting the
election in any one State. The remedy is partially, no doubt, in the
enlightenment of electors. The compulsory support of the free school
and the disfranchisement of all who can not read and write the English
language, after a fixed probation, would meet my hearty approval. I
would not make this apply, however, to those already voters, but I would
to all becoming so after the expiration of the probation fixed upon.
Foreigners coming to this country to become citizens, who are educated
in their own language, should acquire the requisite knowledge of ours
during the necessary residence to obtain naturalization. If they did not
take interest enough in our language to acquire sufficient knowledge of
it to enable them to study the institutions and laws of the country
intelligently, I would not confer upon them the right to make such
laws nor to select those who do.
I append to this message, for convenient reference, a synopsis of
administrative events and of all recommendations to Congress made by me
during the last seven years. Time may show some of these recommendations
not to have been wisely conceived, but I believe the larger part will
do no discredit to the Administration. One of these recommendations
met with the united opposition of one political party in the Senate
and with a strong opposition from the other, namely, the treaty for
the annexation of Santo Domingo to the United States, to which I will
specially refer, maintaining, as I do, that if my views had been
concurred in the country would be in a more prosperous condition to-day,
both politically and financially.
Santo Domingo is fertile, and upon its soil may be grown just those
tropical products of which the United States use so much, and which are
produced or prepared for market now by slave labor almost exclusively,
namely, sugar, coffee, dyewoods, mahogany, tropical fruits, tobacco,
etc. About 75 per cent of the exports of Cuba are consumed in the United
States. A large percentage of the exports of Brazil also find the same
market. These are paid for almost exclusively in coin, legislation,
particularly in Cuba, being unfavorable to a mutual exchange of the
products of each country. Flour shipped from the Mississippi River
to Havana can pass by the very entrance to the city on its way to a
port in Spain, there pay a duty fixed upon articles to be reexported,
transferred to a Spanish vessel and brought back almost to the point of
starting, paying a second duty, and still leave a profit over what would
be received by direct shipment. All that is produced in Cuba could be
produced in Santo Domingo. Being a part of the United States, commerce
between the island and mainland would be free. There would be no export
duties on her shipments nor import duties on those coming here. There
would be no import duties upon the supplies, machinery, etc., going
from the States. The effect that would have been produced upon Cuban
commerce, with these advantages to a rival, is observable at a glance.
The Cuban question would have been settled long ago in favor of "free
Cuba." Hundreds of American vessels would now be advantageously used in
transporting the valuable woods and other products of the soil of the
island to a market and in carrying supplies and emigrants to it. The
island is but sparsely settled, while it has an area sufficient for the
profitable employment of several millions of people. The soil would have
soon fallen into the hands of United States capitalists. The products
are so valuable in commerce that emigration there would have been
encouraged; the emancipated race of the South would have found there a
congenial home, where their civil rights would not be disputed and where
their labor would be so much sought after that the poorest among them
could have found the means to go. Thus in cases of great oppression and
cruelty, such as has been practiced upon them in many places within the
last eleven years, whole communities would have sought refuge in Santo
Domingo. I do not suppose the whole race would have gone, nor is it
desirable that they should go. Their labor is desirable--indispensable
almost--where they now are. But the possession of this territory would
have left the negro "master of the situation," by enabling him to demand
his rights at home on pain of finding them elsewhere.
I do not present these views now as a recommendation for a renewal of
the subject of annexation, but I do refer to it to vindicate my previous
action in regard to it.
With the present term of Congress my official life terminates. It is not
probable that public affairs will ever again receive attention from me
further than as a citizen of the Republic, always taking a deep interest
in the honor, integrity, and prosperity of the whole land.
U.S. GRANT.
[Footnote 115: See pp. 390-391.]
[Footnote 116: See pp. 394-395.]
[Footnote 117: See pp. 392-394.]
SPECIAL MESSAGES.
EXECUTIVE MANSION, _December 6, 1876_.
_To the Senate and House of Representatives_:
I have the honor to transmit herewith a letter (accompanied by
testimony) addressed to me by Hon. John Sherman and other distinguished
citizens, in regard to the canvass of the vote for electors in the State
of Louisiana.
U.S. GRANT.
EXECUTIVE MANSION, _December 14, 1876_.
_To the House of Representatives_:
In answer to a resolution of the 7th instant of the House of
Representatives, asking to be informed whether any, and what,
negotiations have or are being made with the Sioux Indians for their
removal to the Indian Territory, and under what authority the same has
been and is being done, I submit herewith a report received from the
Secretary of the Interior, which contains, it is believed, all the
information in possession of his Department touching the matter of the
resolution.
U.S. GRANT.
EXECUTIVE MANSION, _December 14, 1876_.
_To the Senate of the United States_:
In answer to the resolution of the Senate of the 6th instant, requesting
information "as to whether troops of the United States were stationed
at the city of Petersburg, in the State of Virginia, on the 7th of
November, 1876, and, if so, under what authority and for what purpose,"
I submit the inclosed letters from the Secretary of War, to whom the
resolution was referred, together with the report of the General of the
Army and accompanying papers.
These inclosures will give all the information called for by the
resolution, and I confidently believe will justify the action taken.
It is well understood that the presence of United States troops at
polling places never prevented the free exercise of the franchise by
any citizen, of whatever political faith. If, then, they have had any
effect whatever upon the ballot cast, it has been to insure protection
to the citizen casting it, in giving it to the candidate of his unbiased
choice, without fear, and thus securing the very essence of liberty.
It may be the presence of twenty-four United States soldiers, under the
command of a captain and lieutenant, quartered in the custom-house at
Petersburg, Va., on the 7th of November, at a considerable distance from
any polling place, without any interference on their part whatever, and
without going near the polls during the election, _may have secured a
different result from what would have been obtained if they had not
been there_ (to maintain the peace in case of riot) _on the face of
the returns_; but if such is the case it is only proof that in this
one Congressional district in the State of Virginia the legal and
constitutional voters have been able to return as elected the candidate
of their choice.
U.S. GRANT.
EXECUTIVE MANSION, _December 22, 1876_.
_To the Senate and House of Representatives_:
I have the honor to transmit herewith a letter, submitted by the
Secretary of the Interior, from the Commissioner of Indian Affairs,
accompanied by the report and journal of proceedings of the commission
appointed on the 24th day of August last to obtain certain concessions
from the Sioux Indians, in accordance with the provisions contained in
the Indian appropriation act for the current fiscal year.
I ask your special consideration of these articles of agreement, as
among other advantages to be gained by them is the clear right of
citizens to go into a country of which they have taken possession and
from which they can not be excluded.
U.S. GRANT.
EXECUTIVE MANSION, _December 22, 1876_.
_To the Senate and House of Representatives_:
I have the honor to transmit herewith a report (and papers which
accompanied it) of the progress of the work committed to their charge,
addressed to me by the commissioners appointed under the act of Congress
approved July 19, 1876, authorizing the repavement of Pennsylvania
avenue.
U.S. GRANT.
WASHINGTON, _December 23, 1876_.
_To the House of Representatives_:
When Congress adjourned in August last the execution of the extradition
article of the treaty of 1842 between the United States and Great
Britain had been interrupted.
The United States had demanded of Her Majesty's Government the surrender
of certain fugitives from justice charged with crimes committed within
the jurisdiction of the United States, who had sought asylum and were
found within the territories of Her British Majesty, and had, in due
compliance with the requirements of the treaty, furnished the evidence
of the criminality of the fugitives, which had been found sufficient to
justify their apprehension and commitment for trial, as required by the
treaty, and the fugitives were held and committed for extradition.
Her Majesty's Government, however, demanded from the United States
certain assurances or stipulations as a condition for the surrender of
these fugitives.
As the treaty contemplated no such conditions to the performance of the
obligations which each Government had assumed, the demand for
stipulations on the part of this Government was repelled.
Her Majesty's Government thereupon, in June last, released two of the
fugitives (Ezra D. Winslow and Charles J. Brent), and subsequently
released a third (one William E. Gray), and, refusing to surrender, set
them at liberty.
In a message to the two Houses of Congress on the 20th day of June last,
in view of the condition of facts as above referred to, I said:
The position thus taken by the British Government, if adhered to, can
not but be regarded as the abrogation and annulment of the article of
the treaty on extradition.
Under these circumstances it will not, in my judgment, comport with
the dignity or self-respect of this Government to make demands upon
that Government for the surrender of fugitive criminals, nor to
entertain any requisition of that character from that Government
under the treaty.
Article XI of the treaty of 1842 provided that "the tenth article [that
relating to extradition] should continue in force until one or the other
of the parties should signify its wish to terminate it, and no longer."
In view, however, of the great importance of an extradition treaty,
especially between two states as intimately connected in commercial and
social relations as are the United States and Great Britain, and in the
hope that Her Majesty's Government might yet reach a different decision
from that then attained, I abstained from recommending any action by
Congress terminating the extradition article of the treaty. I have,
however, declined to take any steps under the treaty toward extradition.
It is with great satisfaction that I am able now to announce to Congress
and to the country that by the voluntary act of Her Majesty's Government
the obstacles which had been interposed to the execution of the
extradition article of the treaty have been removed.
On the 27th of October last Her Majesty's representative at this
capital, under instructions from Lord Derby, informed this Government
that Her Majesty's Government would be prepared, as a temporary measure,
until a new extradition treaty can be concluded, to put in force all
powers vested in it for the surrender of accused persons to the
Government of the United States under the treaty of 1842, without asking
for any engagement as to such persons not being tried in the United
States for other than the offenses for which extradition had been
demanded.
I was happy to greet this announcement as the removal of the obstacles
which had arrested the execution of the extradition treaty between the
two countries.
In reply to the note of Her Majesty's representative, after referring to
the applications heretofore made by the United States for the surrender
of the fugitives referred to in the correspondence which was laid before
Congress at its last session, it was stated that on an indication of
readiness to surrender these persons an agent would be authorized to
receive them, and I would be ready to respond to requisitions which may
be made on the part of Her Majesty's Government under the tenth article
of the treaty of 1842, which I would then regard as in full force until
such time as either Government shall avail itself of the right to
terminate it provided by the eleventh article, or until a more
comprehensive arrangement can be reached between the two Governments in
regard to the extradition of criminals--an object to which the attention
of this Government would gladly be given, with an earnest desire for a
mutually satisfactory result.
A copy of the correspondence between Her Majesty's representative at
this capital and the Secretary of State on the subject is transmitted
herewith.
It is with great satisfaction that I have now to announce that Her
Majesty's Government, while expressing its desire not to be understood
to recede from the interpretation which in its previous correspondence
it has put upon the treaty, but having regard to the prospect of
a new treaty and the power possessed by either party of spontaneously
denouncing the old one, caused the rearrest on the 4th instant of Brent,
one of the fugitives who had been previously discharged, and, after
awaiting the requisite time within which the fugitive is entitled to
appeal or to apply for his discharge, on the 21st instant surrendered
him to the agent appointed on behalf of this Government to receive and
to convey him to the United States.
Her Majesty's Government has expressed an earnest desire to rearrest
and to deliver up Winslow and Gray, the other fugitives who had been
arrested and committed on the requisition of the United States, but
were released because of the refusal of the United States to give
the assurances and stipulations then required by Great Britain.
These persons, however, are believed to have escaped from British
jurisdiction; a diligent search has failed to discover them.
As the surrender of Brent without condition or stipulation of any kind
being asked removes the obstacle which interrupted the execution of the
treaty, I shall no longer abstain from making demands upon Her Majesty's
Government for the surrender of fugitive criminals, nor from
entertaining requisitions of that character from that Government under
the treaty of 1842, but will again regard the treaty as operative,
hoping to be able before long to conclude with Her Majesty's Government
a new treaty of a broader and more comprehensive nature.
U.S. GRANT.
WASHINGTON, _January 8, 1877_.
_To the House of Representatives_:
In answer to the resolution of the House of Representatives of the 19th
ultimo, I transmit herewith the report of the Secretary of State, together
with the papers[118] which accompanied it.
U.S. GRANT.
[Footnote 118: Correspondence relative to the Venezuelan mixed commission
held under the convention of April 25, 1866, for the settlement of
claims against Venezuela.]
[For message of January 12, 1877, withdrawing objections to Senate bill
No. 561, see pp. 389-390.]
EXECUTIVE MANSION, _January 12, 1877_.
_To the House of Representatives_:
In reply to a resolution of inquiry dated December 23, 1876, of the
House of Representatives, respecting the expenditure of certain moneys
appropriated by the act of August 14, 1876, for river and harbor
improvements, I have the honor to transmit herewith, for your
information, a report and accompanying papers received from the
Secretary of War, to whom the resolution was referred.
U.S. GRANT.
EXECUTIVE MANSION, _January 15, 1877_.
_To the House of Representatives_:
The joint resolution authorizing the Secretary of War to supply blankets
to the Reform School in the District of Columbia is before me.
I am in entire sympathy with the purpose of the resolution, but
before taking any action upon it I deem it my duty to submit for your
consideration the accompanying letter, received from the Secretary of
War, embodying a report, made in anticipation of the passage of the
resolution, by the Quartermaster-General of the Army, in which, among
other facts, it is stated that--
The appropriation for clothing for the Army for this fiscal year is much
smaller than usual, and the supply of blankets which it will allow us to
purchase is so small that none can properly be spared for other purposes
than the supply of the Army.
If it be thought by Congress worth while to cause the supply of blankets
for the institution referred to to be procured through the War
Department, it is respectfully suggested that provision to meet the
expense be made by special appropriation.
U.S. GRANT.
EXECUTIVE MANSION, _January 19, 1877_.
_To the House of Representatives_:
At the request of the Attorney-General, I have the honor to transmit
herewith a report in answer to the resolution of the House adopted
on the 1st of August, 1876, relative to certain matters occurring in
the administration of the provisional government of the District of
Columbia, and chiefly affecting the Commissioners and the late board
of audit.
U.S. GRANT.
WASHINGTON, _January 20, 1877_.
_To the Senate of the United States_:
Herewith I transmit a report from the Secretary of State, with
accompanying papers, relating to the Court of Commissioners of Alabama
Claims.
U.S. GRANT.
EXECUTIVE MANSION, _January 22, 1877_.
_To the House of Representatives_:
In answer to the resolution of the House of Representatives of the 8th
of December last, inquiring whether any increase in the cavalry force of
the army on the Mexican frontier of Texas has been made, as authorized
by the act of July 24, 1876, and whether any troops have been removed
from the frontier of Texas and from the post of Fort Sill, on the Kiowa
and Comanche Reservation, and whether, if so, their places have been
supplied by other forces, I have the honor to transmit a report received
from the Secretary of War.
U.S. GRANT.
EXECUTIVE MANSION, _January 22, 1877_.
_To the House of Representatives_:
On the 9th day of December, 1876, the following resolution of the House
of Representatives was received, namely:
_Resolved_, That the President be requested, if not incompatible with
the public interest, to transmit to this House copies of any and all
orders or directions emanating from him or from either of the Executive
Departments of the Government to any military commander or civil officer
with reference to the service of the Army, or any portion thereof, in
the States of Virginia, South Carolina, Louisiana, and Florida since the
1st of August last, together with reports by telegraph or otherwise from
either or any of said military commanders or civil officers.
It was immediately or soon thereafter referred to the Secretary of War
and the Attorney-General, the custodians of all retained copies of
"orders or directions" given by the Executive Departments of the
Government covered by the above inquiry, together with all information
upon which such "orders or directions" were given.
The information, it will be observed, is voluminous, and, with the
limited clerical force in the Department of Justice, has consumed the
time up to the present. Many of the communications accompanying this
have been already made public in connection with messages heretofore
sent to Congress. This class of information includes the important
documents received from the governor of South Carolina and sent to
Congress with my message on the subject of the Hamburg massacre; also
the documents accompanying my response to the resolution of the House
of Representatives in regard to the soldiers stationed at Petersburg.
There have also come to me and to the Department of Justice, from time
to time, other earnest written communications from persons holding
public trusts and from others residing in the South, some of which I
append hereto as bearing upon the precarious condition of the public
peace in those States. These communications I have reason to regard as
made by respectable and responsible men. Many of them deprecate the
publication of their names as involving danger to them personally.
The reports heretofore made by committees of Congress of the results of
their inquiries in Mississippi and Louisiana, and the newspapers of
several States recommending "the Mississippi plan," have also furnished
important data for estimating the danger to the public peace and order
in those States.
It is enough to say that these different kinds and sources of evidence
have left no doubt whatever in my mind that intimidation has been used,
and actual violence, to an extent requiring the aid of the United States
Government, where it was practicable to furnish such aid, in South
Carolina, in Florida, and in Louisiana, as well as in Mississippi, in
Alabama, and in Georgia.
The troops of the United States have been but sparingly used, and in no
case so as to interfere with the free exercise of the right of suffrage.
Very few troops were available for the purpose of preventing or
suppressing the violence and intimidation existing in the States above
named. In no case, except that of South Carolina, was the number of
soldiers in any State increased in anticipation of the election, saving
that twenty-four men and an officer were sent from Fort Foote to
Petersburg, Va., where disturbances were threatened prior to the
election.
No troops were stationed at the voting places. In Florida and in
Louisiana, respectively, the small number of soldiers already in the
said States were stationed at such points in each State as were most
threatened with violence, where they might be available as a posse
for the officer whose duty it was to preserve the peace and prevent
intimidation of voters. Such a disposition of the troops seemed to me
reasonable and justified bylaw and precedent, while its omission would
have been inconsistent with the constitutional duty of the President of
the United States "to take care that the laws be faithfully executed."
The statute expressly forbids the bringing of troops to the polls
"except where it is necessary to keep the peace," implying that to keep
the peace it may be done. But this even, so far as I am advised, has not
in any case been done. The stationing of a company or part of a company
in the vicinity, where they would be available to prevent riot, has been
the only use made of troops prior to and at the time of the elections.
Where so stationed, they could be called in an emergency requiring it by
a marshal or deputy marshal as a posse to aid in suppressing unlawful
violence. The evidence which has come to me has left me no ground to
doubt that if there had been more military force available it would have
been my duty to have disposed of it in several States with a view to the
prevention of the violence and intimidation which have undoubtedly
contributed to the defeat of the election law in Mississippi, Alabama,
and Georgia, as well as in South Carolina, Louisiana, and Florida.
By Article IV, section 4, of the Constitution--
The United States shall guarantee to every State in this Union a
republican form of government, and shall protect each of them against
invasion, and on application of the legislature, or of the executive
(when the legislature can not be convened), against domestic violence.
By act of Congress (U.S. Revised Statutes, secs. 1034, 1035) the
President, in case of "insurrection in any State" or of "unlawful
obstruction to the enforcement of the laws of the United States by the
ordinary course of judicial proceedings," or whenever "domestic violence
in any State so obstructs the execution of the laws thereof and of the
United States as to deprive any portion of the people of such State" of
their civil or political rights, is authorized to employ such parts
of the land and naval forces as he may deem necessary to enforce the
execution of the laws and preserve the peace and sustain the authority
of the State and of the United States. Acting under this title (69) of
the Revised Statutes United States, I accompanied the sending of troops
to South Carolina with a proclamation[119] such as is therein prescribed.
The President is also authorized by act of Congress "to employ such
part of the land or naval forces of the United States * * * as shall
be necessary to prevent the violation and to enforce the due execution
of the provisions" of title 24 of the Revised Statutes of the United
States, for the protection of the civil rights of citizens, among
which is the provision against conspiracies "to prevent, by force,
intimidation, or threat, any citizen who is lawfully entitled to vote
from giving his support or advocacy in a legal manner toward or in
favor of the election of any lawfully qualified person as an elector
for President or Vice-President or as a member of Congress of the
United States." (U.S. Revised Statutes, sec. 1989.)
In cases falling under this title I have not considered it necessary to
issue a proclamation to precede or accompany the employment of such part
of the Army as seemed to be necessary.
In case of insurrection against a State government or against the
Government of the United States a proclamation is appropriate; but in
keeping the peace of the United States at an election at which Members
of Congress are elected no such call from the State or proclamation by
the President is prescribed by statute or required by precedent.
In the case of South Carolina insurrection and domestic violence against
the State government were clearly shown, and the application of the
governor founded thereon was duly presented, and I could not deny his
constitutional request without abandoning my duty as the Executive of
the National Government.
The companies stationed in the other States have been employed to secure
the better execution of the laws of the United States and to preserve
the peace of the United States.
After the election had been had, and where violence was apprehended by
which the returns from the counties and precincts might be destroyed,
troops were ordered to the State of Florida, and those already in
Louisiana were ordered to the points in greatest danger of violence.
I have not employed troops on slight occasions, nor in any case where
it has not been necessary to the enforcement of the laws of the United
States. In this I have been guided by the Constitution and the laws
which have been enacted and the precedents which have been formed under
it.
It has been necessary to employ troops occasionally to overcome
resistance to the internal-revenue laws from the time of the resistance
to the collection of the whisky tax in Pennsylvania, under Washington,
to the present time.
In 1854, when it was apprehended that resistance would be made in Boston
to the seizure and return to his master of a fugitive slave, the troops
there stationed were employed to enforce the master's right under the
Constitution, and troops stationed at New York were ordered to be in
readiness to go to Boston if it should prove to be necessary.
In 1859, when John Brown, with a small number of men, made his attack
upon Harpers Ferry, the President ordered United States troops to assist
in the apprehension and suppression of him and his party without a
formal call of the legislature or governor of Virginia and without
proclamation of the President.
Without citing further instances in which the Executive has exercised
his power, as Commander of the Army and Navy, to prevent or suppress
resistance to the laws of the United States, or where he has exercised
like authority in obedience to a call from a State to suppress
insurrection, I desire to assure both Congress and the country that it
has been my purpose to administer the executive powers of the Government
fairly, and in no instance to disregard or transcend the limits of the
Constitution.
U.S. GRANT.
[Footnote 119: See pp. 396-397.]
WASHINGTON, _January 23, 1877_.
_To the Senate of the United States_:
I transmit, in answer to a resolution of the Senate of the 16th instant,
a report of the Secretary of State, with its accompanying papers.[120]
U.S. GRANT.
[Footnote 120: Correspondence with diplomatic officers of the United
States in Turkey relative to atrocities and massacres by Turks in
Bulgaria.]
WASHINGTON, _January 25, 1877_.
_To the Senate of the United States_:
I transmit to the Senate, for consideration with a view to ratification,
a treaty between the United States and His Majesty the King of Spain, in
relation to the extradition of criminals, signed on the 5th of January,
1877.
U.S. GRANT.
EXECUTIVE MANSION, _January 29, 1877_.
_To the Senate and House of Representatives_:
I have the honor to transmit herewith the proceedings of the commission
appointed to examine "the whole subject of reform and reorganization of
the Army of the United States," under the provisions of the act of
Congress approved July 24, 1876.
The commission report that so fully has their time been occupied by
other important duties that they are not at this time prepared to submit
a plan or make proper recommendations.
U.S. GRANT.
EXECUTIVE MANSION, _January 29, 1877_.
_To the House of Representatives_:
I have the honor to transmit herewith reports and accompanying papers
received from the Secretaries of State and War, in answer to the
resolution of the House of Representatives of the 9th instant, relative
"to the imprisonment and detention by the Mexican authorities at
Matamoras of John Jay Smith, an American citizen, and also to the
wounding and robbing by Mexican soldiers at New Laredo of Dr. Samuel
Huggins, an American citizen."
U.S. GRANT.
EXECUTIVE MANSION, _January 29, 1877_.
_To the Senate of the United States_:
I follow the example heretofore occasionally permitted of communicating
in this mode my approval of the "act to provide for and regulate the
counting of votes for President and Vice-President, and the decision of
questions arising thereon, for the term commencing March 4, A.D. 1877,"
because of my appreciation of the imminent peril to the institutions of
the country from which, in my judgment, the act affords a wise and
constitutional means of escape.
For the first time in the history of our country, under the Constitution
as it now is, a dispute exists with regard to the result of the election
of the Chief Magistrate of the nation.
It is understood that upon the disposition of disputes touching the
electoral votes cast at the late election by one or more of the States
depends the question whether one or the other of the candidates for
the Presidency is to be the lawful Chief Magistrate. The importance of
having clearly ascertained, by a procedure regulated by law, which of
the two citizens has been elected, and of having the right to this high
office recognized and cheerfully agreed in by all the people of the
Republic, can not be overestimated, and leads me to express to Congress
and to the nation my great satisfaction at the adoption of a measure
that affords an orderly means of decision of a gravely exciting
question.
While the history of our country in its earlier periods shows that
the President of the Senate has counted the votes and declared their
standing, our whole history shows that in no instance of doubt or
dispute has he exercised the power of deciding, and that the two Houses
of Congress have disposed of all such doubts and disputes, although in
no instance hitherto have they been such that their decision could
essentially have affected the result.
For the first time the Government of the United States is now brought to
meet the question as one vital to the result, and this under conditions
not the best calculated to produce an agreement or to induce calm
feeling in the several branches of the Government or among the people
of the country. In a case where, as now, the result is involved,
it is the highest duty of the lawmaking power to provide in advance a
constitutional, orderly, and just method of executing the Constitution
in this most interesting and critical of its provisions. The doing so,
far from being a compromise of right, is an enforcement of right and
an execution of powers conferred by the Constitution on Congress.
I think that this orderly method has been secured by the bill, which,
appealing to the Constitution and the law as the guide in ascertaining
rights, provides a means of deciding questions of single returns through
the direct action of Congress, and in respect to double returns by
a tribunal of inquiry, whose decisions stand unless both Houses of
Congress shall concur in determining otherwise, thus securing a definite
disposition of all questions of dispute, in whatever aspect they may
arise. With or without this law, as all of the States have voted, and
as a tie vote is impossible, it must be that one of the two candidates
has been elected; and it would be deplorable to witness an irregular
controversy as to which of the two should receive or which should
continue to hold the office. In all periods of history controversies
have arisen as to the succession or choice of the chiefs of states, and
no party or citizens loving their country and its free institutions can
sacrifice too much of mere feeling in preserving through the upright
course of law their country from the smallest danger to its peace on
such an occasion; and it can not be impressed too firmly in the hearts
of all the people that true liberty and real progress can exist only
through a cheerful adherence to constitutional law.
The bill purports to provide only for the settlement of questions
arising from the recent elections. The fact that such questions can
arise demonstrates the necessity, which I can not doubt will before long
be supplied, of permanent general legislation to meet cases which have
not been contemplated in the Constitution or laws of the country.
The bill may not be perfect, and its provisions may not be such as would
be best applicable to all future occasions, but it is calculated to meet
the present condition of the question and of the country.
The country is agitated. It needs and it desires peace and quiet
and harmony between all parties and all sections. Its industries are
arrested, labor unemployed, capital idle, and enterprise paralyzed by
reason of the doubt and anxiety attending the uncertainty of a double
claim to the Chief Magistracy of the nation. It wants to be assured that
the result of the election will be accepted without resistance from the
supporters of the disappointed candidate, and that its highest officer
shall not hold his place with a questioned title of right. Believing
that the bill will secure these ends, I give it my signature.
U.S. GRANT.
EXECUTIVE MANSION, _January 30, 1877_.
_To the Senate and House of Representatives_:
I desire to call the attention of Congress to the importance of
providing for the continuance of the board for testing iron, steel,
and other metals, which by the sundry civil appropriation act of last
year was ordered to be discontinued at the end of the present fiscal
year. This board, consisting of engineers and other scientific experts
from the Army, the Navy, and from civil life (all of whom, except
the secretary, give their time and labors to this object without
compensation), was organized by authority of Congress in the
spring of 1875, and immediately drafted a comprehensive plan for
its investigations and contracted for a testing machine of 400 tons
capacity, which would enable it to properly conduct the experiments.
Meanwhile the subcommittees of the board have devoted their time to such
experiments as could be made with the smaller testing machines already
available. This large machine is just now completed and ready for
erection at the Watertown Arsenal, and the real labors of the board are
therefore just about to be commenced. If the board is to be discontinued
at the end of the present fiscal year, the money already appropriated
and the services of the gentlemen who have given so much time to the
subject will be unproductive of any results. The importance of these
experiments can hardly be overestimated when we consider the almost
endless variety of purposes for which iron and steel are employed in
this country and the many thousands of lives which daily depend on the
soundness of iron structures. I need hardly refer to the recent disaster
at the Ashtabula bridge, in Ohio, and the conflicting theories of
experts as to the cause of it, as an instance of what might have been
averted by a more thorough knowledge of the properties of iron and the
best modes of construction. These experiments can not properly be
conducted by private firms, not only on account of the expense, but
because the results must rest upon the authority of disinterested
persons. They must therefore be undertaken under the sanction of the
Government. Compared with their great value to the industrial interests
of the country, the expense is very slight.
The board recommend an appropriation of $40,000 for the next
fiscal year, and I earnestly commend their request to the favorable
consideration of Congress. I also recommend that the board be required
to conduct their investigations under the direction of the Secretary of
War, and to make full report of their progress to that officer in time
to be incorporated in his annual report.
U.S. GRANT.
WASHINGTON, _February 2, 1877_.
_To the Senate of the United States_:
I transmit, in answer to a resolution of the Senate of the 10th ultimo,
a report of the Secretary of State, with its accompanying papers.[121]
U.S. GRANT.
[Footnote 121: Preliminary and final reports of J. Hubley Ashton, agent
of the United States before the United States and Mexican Claims
Commission.]
EXECUTIVE MANSION, _February 3, 1877_.
_To the Senate and House of Representatives_:
By the act of Congress approved January 14, 1875, "to provide for the
resumption of specie payments," the 1st of January, 1879, is fixed as
the date when such resumption is to begin. It may not be desirable to
fix an earlier date when it shall actually become obligatory upon the
Government to redeem its outstanding legal-tender notes in coin on
presentation, but it is certainly most desirable, and will prove most
beneficial to every pecuniary interest of the country, to hasten the day
when the paper circulation of the country and the gold coin shall have
equal values.
At a later day, if currency and coin should retain equal values, it
might become advisable to authorize or direct resumption. I believe the
time has come when by a simple act of the legislative branch of the
Government this most desirable result can be attained. I am strengthened
in this view by the course trade has taken in the last two years and by
the strength of the credit of the United States at home and abroad.
For the fiscal year ending June 30, 1876, the exports of the United
States exceeded the imports by $120,213,102; but our exports include
$40,569,621 of specie and bullion in excess of imports of the same
commodities. For the six months of the present fiscal year from July 1,
1876, to January 1, 1877, the excess of exports over imports amounted
to $107,544,869, and the import of specie and bullion exceeded the
export of the precious metals by $6,192,147 in the same time. The actual
excess of exports over imports for the six months, exclusive of specie
and bullion, amounted to $113,737,040, showing for the time being the
accumulation of specie and bullion in the country amounting to more than
$6,000,000, in addition to the national product of these metals for the
same period--a total increase of gold and silver for the six months not
far short of $60,000,000. It is very evident that unless this great
increase of the precious metals can be utilized at home in such a way
as to make it in some manner remunerative to the holders it must seek a
foreign market as surely as would any other product of the soil or the
manufactory. Any legislation which will keep coin and bullion at home
will, in my judgment, soon bring about practical resumption, and will
add the coin of the country to the circulating medium, thus securing
a healthy "inflation" of a sound currency, to the great advantage of
every legitimate business interest.
The act to provide for the resumption of specie payments authorizes
the Secretary of the Treasury to issue bonds of either of the
descriptions named in the act of Congress approved July 14, 1870,
entitled "An act to authorize the refunding of the national debt," for
not less than par in gold. With the present value of the 4-1/2 per cent
bonds in the markets of the world, they could be exchanged at par for
gold, thus strengthening the Treasury to meet final resumption and to
keep the excess of coin over demand, pending its permanent use as a
circulating medium, at home. All that would be further required would be
to reduce the volume of legal-tender notes in circulation. To accomplish
this I would suggest an act authorizing the Secretary of the Treasury to
issue 4 per cent bonds, with forty years to run before maturity, to be
exchanged for legal-tender notes whenever presented in sums of $50 or
any multiple thereof, the whole amount of such bonds, however, not to
exceed $150,000,000. To increase the home demand for such bonds I would
recommend that they be available for deposit in the United States
Treasury for banking purposes under the various provisions of law
relating to national banks.
I would suggest further that national banks be required to retain a
certain percentage of the coin interest received by them from the bonds
deposited with the Treasury to secure their circulation.
I would also recommend the repeal of the third section of the joint
resolution "for the issue of silver coin," approved July 22, 1876,
limiting the subsidiary coin and fractional currency to $50,000,000.
I am satisfied that if Congress will enact some such law as will
accomplish the end suggested they will give a relief to the country
instant in its effects, and for which they will receive the gratitude of
the whole people.
U.S. GRANT.
EXECUTIVE MANSION, _February 9, 1877_.
_To the Senate and House of Representatives_:
The accompanying memorial is transmitted to Congress at the request of a
committee, composed of many distinguished citizens of New York, recently
appointed to cooperate with a generous body of French citizens who
design to erect in the harbor of New York a colossal statue of "Liberty
Enlightening the World." Very little is asked of us to do, and I hope
that the wishes of the memorialists may receive your very favorable
consideration.
U.S. GRANT.
EXECUTIVE MANSION, _February 9, 1877_.
_To the Senate and House of Representatives_:
I transmit herewith the catalogues and report of the board on behalf of
the Executive Departments at the International Exhibition of 1876, with
their accompanying illustrations.
The labors performed by the members of the board, as evinced by the
voluminous mass of information found in the various papers from the
officers charged with their preparation, have been in the highest
degree commendable, and believing that the publication of these papers
will form an interesting memorial of the greatest of international
exhibitions and of the centennial anniversary of the independence of
our country, I recommend that they be printed in a suitable form for
distribution and preservation.
The letter of the chairman of the board will give to Congress the
history of its organization, the law and Executive orders under which it
has acted, and the steps which have been taken to preserve the large and
instructive collections made, with a view to their forming a part of a
national museum, should Congress make the necessary appropriations for
such a desirable object.
U.S. GRANT.
WASHINGTON, _February 15, 1877_.
_To the Senate of the United States_:
I transmit herewith, in answer to the resolution of the Senate of the
13th instant, a report from the Secretary of State, with accompanying
papers.[122]
U.S. GRANT.
[Footnote 122: Statements of appropriations and expenditures of the
Department of State from March 4, 1789, to June 30, 1876, inclusive.]
WASHINGTON, _February 23, 1877_.
_To the Senate and House of Representatives_:
I transmit herewith a report from the Secretary of State, bearing date
the 20th instant, with its accompaniments, being the report of the
commissioner of the United States and of the officers of engineers
attached to the commission appointed to determine the boundary line
between the United States and the possessions of Great Britain from the
northwest angle of the Lake of the Woods to the summit of the Rocky
Mountains. These reports announce the completion of the labors of this
commission, whereby the entire boundary line between the United States
and the possessions of Great Britain is marked and determined, except
as to that part of the territory of the United States which was ceded
by Russia under the treaty of 1867.
U.S. GRANT.
WASHINGTON, _February 24, 1877_.
_To the House of Representatives_:
I transmit herewith, in answer to the resolution of the House of
Representatives of the 25th ultimo, a report from the Secretary of
State, with accompanying papers.[123]
U.S. GRANT.
[Footnote 123: Correspondence, etc., connected with the agency of A.B.
Steinberger in the Samoan Islands.]
EXECUTIVE MANSION, _February 26, 1877_.
_To the Senate of the United States_:
I have the honor to return herewith Senate bill No. 234, entitled "An
act to allow a pension of $37 per month to soldiers who have lost both
an arm and a leg." Under existing law soldiers who have lost both an
arm and a leg are entitled to draw a monthly pension of $18. As the
object of this bill is to allow them $18 per month for each of these
disabilities, or $36 in all, it is returned simply for an amendment of
title which shall agree with its provisions. When this shall have been
done, I will very gladly give it my immediate approval.
U.S. GRANT.
WASHINGTON, _February 28, 1877_.
_To the Senate of the United States_:
In answer to the resolution[124] of the Senate of the 27th instant,
I transmit herewith a report of the Secretary of State, together with
the papers which accompanied it.
U.S. GRANT.
[Footnote 124: Directing the Secretary of State to transmit any
communication demanding the payment of moneys claimed to be due the
Dominican Government from the United States.]
VETO MESSAGES.
EXECUTIVE MANSION, _January 15, 1877_.
_To the House of Representatives_:
For the reasons set forth in the accompanying communication addressed to
the Secretary of the Interior by the Commissioner of the General Land
Office, I have the honor to return herewith without my signature the
bill (H.R. 2041) entitled "An act to amend section 2291 of the Revised
Statutes of the United States, in relation to proof required in
homestead entries."
U.S. GRANT.
DEPARTMENT OF THE INTERIOR, _Washington, D.C., January 12, 1877_.
The PRESIDENT.
SIR: I have the honor to return herewith enrolled bill H.R. No. 2041,
entitled "An act to amend section 2291 of the Revised Statutes of the
United States, in relation to proof required in homestead entries,"
which accompanied your letter of the 10th instant, requesting to be
informed whether any objection was known to this Department why the same
should not become a law.
The matter was referred to the Commissioner of the General Land Office,
and I transmit herewith a copy of a letter from him suggesting certain
amendments to the second section of said act.
I concur in the recommendations made by the Commissioner.
I have the honor to be, with great respect, your obedient servant,
Z. CHANDLER, _Secretary_.
DEPARTMENT OF THE INTERIOR,
GENERAL LAND OFFICE,
_Washington, D.C., January 11, 1877_.
The HONORABLE SECRETARY OF THE INTERIOR.
SIR: I am in receipt, by your reference of yesterday's date, of "An act
to amend section 2291 of the Revised Statutes of the United States, in
relation to proof required in homestead entries," which has passed both
Houses of Congress and now awaits the signature of the President.
The purpose of the act is to enable parties seeking title under the
homestead law to make final proof before a judge or clerk of court in
the county or district where the lands are situated.
Its provisions are in conformity with the views and recommendations of
this office, and I see no objection to them in so far as relates to the
taking of the testimony.
I observe, however, that the second section provides that the proofs,
affidavits, and oaths shall be filed in the office of the register, and
no provision is made for the transmission of either the original papers
or duplicates to this office, in order that patents may properly issue
thereon, the provisions relating to certification for the purposes
of evidence seeming to require that they shall remain on file in the
district office. There is, therefore, no opportunity for the supervisory
control of the Commissioner over entries so made to be exercised under
the statutes, and thus the express requirements of existing law, as well
as the essential harmony of the land system, are interfered with by its
provisions. To remedy this defect in the proposed law I recommend that
the act be returned to the legislative body with the request for an
enactment in lieu of the second section which shall provide for the
regular transmission of the papers to this office, as in other cases, or
the simple striking out of the section altogether, as the provisions of
existing law would then cover the case, and require the same disposal
of this class of entries as obtains under present regulations so far as
relates to the transmission of papers and proof to this office and the
certification of the same by the Commissioner, under seal, for purposes
of evidence.
I observe in section 3, line 4, the omission of the word "he" after the
word "corrupt," which destroys the grammatical construction of the
language and was probably a clerical error.
I return herewith the act referred to.
Very respectfully, your obedient servant,
A. WILLIAMSON, _Commissioner_.
EXECUTIVE MANSION, _January 23, 1877_.
_To the House of Representatives_:
I return herewith House bill (No. 4350) to abolish the board of
commissioners of the Metropolitan police of the District of Columbia and
to transfer its duties to the Commissioners of the District of Columbia,
without my approval.
It is my judgment that the police commissioners, while appointed by the
Executive, should report to and receive instructions from the District
Commissioners. Under other circumstances than those existing at present
I would have no objection to the entire abolition of the board and
seeing the duties devolved directly upon the District Commissioners.
The latter should, in my opinion, have supervision and control over the
acts of the police commissioners under any circumstances; but as recent
events have shown that gross violations of law have existed in this
District for years directly under the eyes of the police, it is highly
desirable that the board of police commissioners should be continued in
some form until the evil complained of is eradicated and until the
police force is put on a footing to prevent, if possible, a recurrence
of the evil. The board of police commissioners have recently been
charged with the direct object of accomplishing this end.
U.S. GRANT.
WASHINGTON, _January 26, 1877_.
_To the House of Representatives_:
I return to the House of Representatives, in which they originated,
two joint resolutions, the one entitled "Joint resolution relating to
congratulations from the Argentine Republic," the other entitled "Joint
resolution in reference to congratulations from the Republic of
Pretoria, South Africa."
The former of these resolutions purports to direct the Secretary of
State to acknowledge a dispatch of congratulation from the Argentine
Republic and the high appreciation of Congress of the compliment thus
conveyed. The other directs the Secretary of State to communicate
to the Republic of Pretoria the high appreciation of Congress of the
complimentary terms in which said Republic has referred to the first
centennial of our national independence.
Sympathizing, as I do, in the spirit of courtesy and friendly
recognition which has prompted the passage of these resolutions, I can
not escape the conviction that their adoption has inadvertently involved
the exercise of a power which infringes upon the constitutional rights
of the Executive.
The usage of governments generally confines their correspondence
and interchange of opinion and of sentiments of congratulation, as
well as of discussion, to one certain established agency. To allow
correspondence or interchange between states to be conducted by or with
more than one such agency would necessarily lead to confusion, and
possibly to contradictory presentation of views and to international
complications.
The Constitution of the United States, following the established usage
of nations, has indicated the President as the agent to represent the
national sovereignty in its intercourse with foreign powers and to
receive all official communications from them. It gives him the power,
by and with the advice and consent of the Senate, to make treaties and
to appoint embassadors and other public ministers; it intrusts to him
solely "to receive embassadors and other public ministers," thus vesting
in him the origination of negotiations and the reception and conduct of
all correspondence with foreign states, making him, in the language of
one of the most eminent writers on constitutional law, "the
constitutional organ of communication with foreign states."
No copy of the addresses which it is proposed to acknowledge is
furnished. I have no knowledge of their tone, language, or purport. From
the tenor of the two joint resolutions it is to be inferred that these
communications are probably purely congratulatory. Friendly and kindly
intentioned as they may be, the presentation by a foreign state of any
communication to a branch of the Government not contemplated by the
Constitution for the reception of communications from foreign states
might, if allowed to pass without notice, become a precedent for the
address by foreigners or by foreign states of communications of a
different nature and with wicked designs.
If Congress can direct the correspondence of the Secretary of State
with foreign governments, a case very different from that now under
consideration might arise, when that officer might be directed to
present to the same foreign government entirely different and
antagonistic views or statements.
By the act of Congress establishing what is now the Department of State,
then known as the Department of Foreign Affairs, the Secretary is to
"perform and execute such duties as shall from time to time be enjoined
on or intrusted to him by the President of the United States, agreeably
to the Constitution, relative to correspondence, commissions, or
instructions to or with public ministers or consuls from the United
States, or to negotiations with public ministers from foreign states
or princes, or to memorials or other applications from foreign public
ministers or other foreigners, or to such other matters respecting
foreign affairs as the President of the United States shall assign to
the said Department; and furthermore, the said principal officer [the
Secretary of State] shall conduct the business of the said Department
in such manner as the President of the United States shall from time
to time order or instruct."
This law, which remains substantially unchanged, confirms the view that
the whole correspondence of the Government with and from foreign states
is intrusted to the President; that the Secretary of State conducts such
correspondence exclusively under the orders and instructions of the
President, and that no communication or correspondence from foreigners
or from a foreign state can properly be addressed to any branch or
Department of the Government except that to which such correspondence
has been committed by the Constitution and the laws.
I therefore feel it my duty to return the joint resolutions without my
approval to the House of Representatives, in which they originated.
In addition to the reasons already stated for withholding my
constitutional approval from these resolutions is the fact that
no information is furnished as to the terms or purport of the
communications to which acknowledgments are desired; no copy of the
communications accompanies the resolutions, nor is the name even of the
officer or of the body to whom an acknowledgment could be addressed
given; it is not known whether these congratulatory addresses proceed
from the head of the state or from legislative bodies; and as regards
the resolution relating to the Republic of Pretoria, I can not learn
that any state or government of that name exists.
U.S. GRANT.
EXECUTIVE MANSION, _January 26, 1877_.
_To the Senate of the United States_:
I have the honor to return herewith without my approval Senate bill No.
685, entitled "An act to place the name of Daniel H. Kelly upon the
muster roll of Company F, Second Tennessee Infantry."
The reasons for withholding my signature to this bill may be found in
the accompanying report received from the Secretary of War.
U.S. GRANT.
WAR DEPARTMENT, _January 24, 1877_.
The PRESIDENT.
SIR: I have the honor to return herewith Senate bill 685, "to place the
name of Daniel H. Kelly upon the muster roll of Company F, Second
Tennessee Infantry," with the report of the Adjutant-General, as
follows:
"The inclosed act directs the Secretary of War to place the name of
Daniel H. Kelly upon the muster roll of Company F, Second Tennessee
Infantry, to date December 1, 1861. There is no record of the
enlistment, service, or death of this man on file in this office, and if
this act becomes a law as it now reads it will be of no benefit to the
heirs."
I have the honor to be, sir, with great respect, your obedient servant,
J.D. CAMERON, _Secretary of War_.
EXECUTIVE MANSION, _February 14, 1877_.
_To the House of Representatives_:
I have the honor to return herewith without my approval House bill No.
3367, entitled "An act to remove the charge of desertion from the
military record of Alfred Rouland."
The reasons for withholding my signature may be found in the
accompanying report received from the Secretary of War.
U.S. GRANT.
WAR DEPARTMENT, _Washington City, February 8, 1877_.
The PRESIDENT.
SIR: I have the honor to return House bill 3367, "to remove the charge
of desertion from the military record of Alfred Rouland," and inclose
copy of the report of the Adjutant-General, dated the 8th instant, who
recommends that the bill be not approved.
In this connection I would invite attention to reports of the Military
Committees of the House and Senate (House Report No. 461, Forty-fourth
Congress, first session; Senate Report No. 578, Forty-fourth Congress,
second session) in the case, of which copies are herewith.
I have the honor to be, very respectfully, your obedient servant,
J.D. CAMERON, _Secretary of War_.
WAR DEPARTMENT,
ADJUTANT-GENERAL'S OFFICE,
_February 8, 1877_.
Respectfully returned to the Secretary of War.
This man is reported on the muster-out roll of his company as having
"deserted at Wilmington, N.C., April 16, 1866."
In his petition of December 28, 1874, on file in this office, occurs the
following language:
"I was transferred to the Twenty-eighth Michigan Volunteers, and
performed duty with that regiment from the 28th June, 1865, until the
16th day of April, 1866, when, being in a reduced and weak condition
from continued chills and fever, and being in great fear of smallpox,
which had become very prevalent at Wilmington, N.C., where my company
was then stationed, I left my command without leave and returned to
Michigan." * * *
This man is consequently a deserter in fact, and should this bill,
restoring to an honorable status an admitted deserter, become a law,
it will defeat every end of military discipline and justice, besides
working a great injustice to every soldier who served faithfully and
honorably.
It is therefore strongly recommended that it be not approved.
E.D. TOWNSEND, _Adjutant-General_.
EXECUTIVE MANSION, _February 14, 1877_.
_To the House of Representatives_:
I return the House bill No. 3155, entitled "An act to perfect the
revision of the statutes of the United States," without my approval.
My objection is to the single provision which amends section 3823 of
the Revised Statutes.
That section is as follows:
SEC. 3823. The Clerk of the House of Representatives shall select in
Virginia, South Carolina, North Carolina, Georgia, Florida, Alabama,
Mississippi, Louisiana, Texas, and Arkansas one or more newspapers, not
exceeding the number allowed by law, in which such treaties and laws of
the United States as may be ordered for publication in newspapers
according to law shall be published, and in some one or more of which
so selected all such advertisements as may be ordered for publication
in said districts by any United States court or judge thereof, or by
any officer of such courts, or by any executive officer of the United
States, shall be published, the compensation for which and other terms
of publication shall be fixed by said Clerk at a rate not exceeding
$2 per page for the publication of treaties and laws, and not exceeding
$1 per square of eight lines of space for the publication of
advertisements, the accounts for which shall be adjusted by the proper
accounting officers and paid in the manner now authorized by law in the
like cases.
The bill proposes to amend this section as follows:
By striking out all after the word "in" in the first line to the word
"one" in the third line, and inserting therefor the words "each State
and Territory of the United States."
Prior to 1867 the advertising of the Executive Departments had been
subject to the direction of the heads of those Departments, and had been
published in newspapers selected by them and on terms fixed by them.
In the year 1867 (14 U.S. Statutes at Large, pp. 466, 467), while the
ten States above named were yet unrestricted, and when there existed
a radical difference of opinion between the executive and legislative
departments as to the administration of the Government in those States,
this provision was enacted. Subsequently, during the same year (15 U.S.
Statutes at Large, p. 8), so much of this provision "as relates to the
publication of the laws and treaties of the United States" was extended
to all the States and Territories, leaving the advertisements ordered
by Congress and by the Executive Departments unaffected thereby. The
continuance of this provision after the reconstruction acts had taken
effect and the bringing it forward into the Revised Statutes were
probably through inadvertence.
The existence of this section (3823) of the Revised Statutes seems to
have been ignored by Congress itself in the adoption of section 3941,
authorizing the Postmaster-General to advertise in such newspapers as
he may choose. But the present act, if it should go into effect, would
compel him and the other heads of the Executive Departments, as well
as all the courts, to publish all their advertisements in newspapers
selected by the Clerk of the House of Representatives. It would make
general in its operation a provision which, was exceptional and
temporary in its origin and character. This, in my judgment, would
be unwise, if not also an actual encroachment upon the constitutional
rights of the executive branch of the Government. The person who should
be appointed by law to select all the newspapers throughout the country
to which the patronage of all branches of the Government of the United
States should be given, if not an officer of the United States under
Article II, section 2, clause 2, of the Constitution, would certainly
have powers and duties which have hitherto been regarded as official.
But without reference to the question of its constitutionality, I am
satisfied that this provision would not operate usefully or fairly. I am
constrained, therefore, to withhold from it my approval. I regret that
my objection to this one clause of the act can not be made available
without withholding my approval from the entire act, which is otherwise
unobjectionable.
U.S. GRANT.
EXECUTIVE MANSION, _February 28, 1877_.
_To the Senate of the United States_:
I have the honor to return herewith without my approval Senate bill
No. 691, entitled "An act for the relief of Edward A. Leland." The
reasons for withholding my approval may be found in the accompanying
communication received from the Secretary of the Interior.
U.S. GRANT.
DEPARTMENT OF THE INTERIOR, _Washington, February 27, 1877_.
The PRESIDENT.
SIR: I have the honor to return herewith the bill (S. 691) entitled
"An act for the relief of Edward A. Leland," accompanied by a copy of
a letter from the Commissioner of Patents suggesting an objection to
the bill in its present form, and to recommend that it be returned
to Congress for amendment in accordance with the suggestions of the
Commissioner.
I have the honor to be, very respectfully,
Z. CHANDLER, _Secretary_.
DEPARTMENT OF THE INTERIOR,
UNITED STATES PATENT OFFICE,
_Washington, D.C., February 27, 1877_.
Hon. Z. CHANDLER,
_Secretary of the Interior_.
SIR: In the matter of the enrolled bill (S. 691) extending letters
patent of Edward A. Leland, I have the honor to report that said letters
patent were granted for an improved paint can August 14, 1860, for the
term of fourteen years; that they consequently expired on the 14th day
of August, 1874, whereupon the invention became the property of the
public.
The present act proposes to extend the term of the patent seven years
from said 14th day of August, 1874, and give to it the same effect in
law as if it had been originally granted for the term of twenty-one
years.
It will be seen, therefore, that those who have innocently used and
purchased the invention since the expiration of the letters patent on
the 14th of August, 1874, under the impression that the invention was
the property of the public, will, by the retroactive terms of the bill,
be liable for damages for such use upon suits for infringement.
This hardship is generally, if not always, provided against by a proviso
to such bills, setting forth in terms "that no person shall be held
liable for the infringement of said patent, if extended, for making use
of said invention since the expiration of the original term of said
patent and prior to the date of its extension."
Unless such a proviso is incorporated into the present bill, the
injustice alluded to may be done.
Very respectfully, your obedient servant,
ELLIS SPEAR, _Commissioner of Patents_.
PROCLAMATION.
BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
A PROCLAMATION.
Whereas objects of interest to the United States require that the Senate
should be convened at 12 o'clock on the 5th day of March next to receive
and act upon such communications as may be made to it on the part of the
Executive:
Now, therefore, I, Ulysses S. Grant, President of the United States,
have considered it to be my duty to issue this my proclamation,
declaring that an extraordinary occasion requires the Senate of the
United States to convene for the transaction of business at the Capitol,
in the city of Washington, on the 5th day of March next, at 12 o'clock
at noon on that day, of which all who shall at that time be entitled to
act as members of that body are hereby required to take notice.
[SEAL.]
Given under my hand and the seal of the United States, at Washington,
the 2d day of March, A.D. 1877, and of the Independence of the United
States of America the one hundred and first.
U.S. GRANT.
By the President:
HAMILTON FISH,
_Secretary of State_.
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