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diff --git a/old/13012.txt b/old/13012.txt new file mode 100644 index 0000000..881950c --- /dev/null +++ b/old/13012.txt @@ -0,0 +1,26126 @@ +The Project Gutenberg EBook of A Compilation of the Messages and Papers of +the Presidents: Ulysses S. Grant, by James D. Richardson + +This eBook is for the use of anyone anywhere at no cost and with +almost no restrictions whatsoever. You may copy it, give it away or +re-use it under the terms of the Project Gutenberg License included +with this eBook or online at www.gutenberg.org + + +Title: A Compilation of the Messages and Papers of the Presidents: Ulysses S. Grant + +Author: James D. Richardson + +Release Date: July 24, 2004 [EBook #13012] + +Language: English + +Character set encoding: ASCII + +*** START OF THIS PROJECT GUTENBERG EBOOK ULYSSES S. GRANT *** + + + + +Produced by Juliet Sutherland, David Garcia and the Online Distributed +Proofreading Team. + + + + + +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 charge +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 Genet 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 L3,228,292 L1,374,242 + 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 _materiel_ 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. Hoehne 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 charge 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 charge 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 charge 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 Curacoa, 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. Jose 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 _proces 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 Hedjaz, 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 charges 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_. + + + + + +End of the Project Gutenberg EBook of A Compilation of the Messages and +Papers of the Presidents: Ulysses S. Grant, by James D. Richardson + +*** END OF THIS PROJECT GUTENBERG EBOOK ULYSSES S. 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